Fisheries (Amendment) Act 1997

Chapter II

Appeals to Board

Appeals against decisions of Minister on aquaculture licence applications, etc.

40

40. (1) A person aggrieved by a decision of the Minister on an application for an aquaculture licence or by the revocation or amendment of an aquaculture licence may, before the expiration of a period of one month beginning on the date of publication in accordance with this Act of that decision, or the notification to the person of the revocation or amendment, appeal to the Board against the decision, revocation or amendment, by serving on the Board a notice of appeal.

(2) A notice of appeal shall be served—

( a) by sending it by registered post to the Board,

( b) by leaving it at the office of the Board, during normal office hours, with a person who is apparently an employee of the Board, or

(c) by such other means as may be prescribed.

(3) The Board shall not consider an appeal notice of which is received by it later than the expiration of the period referred to in subsection (1).

(4) Where an appeal is brought under this section and is not withdrawn, the Board shall, subject to subsection (5), determine the appeal by—

( a) confirming the decision or action of the Minister,

( b) determining the application for the licence as if the application had been made to the Board in the first instance, or

( c) in relation to the revocation or amendment of a licence, substituting its decision on the matter for that of the Minister.

(5) The Board shall not determine an appeal as provided in subsection (4)(a) except in circumstances referred to in section 48 , 51 or 52 .

(6) The determination under subsection (4)(b) or (c) of an appeal shall annul the decision or action of the Minister immediately the determination is made.

(7) Section 7 , with the necessary modifications, shall apply to and in relation to the determination under subsection (4)(b) of an application or so far as it relates to an amendment of a licence as referred to in subsection (4)(c), as it applies to and in relation to the determination by the Minister of such an application or the amendment of such a licence, as the case may be.

F22 [ (8) ( a )     A determination of an appeal under this section (including an appeal to which section 52 refers) and the notification of that determination shall state the main reasons and considerations on which the determination is based.

( b )     The Board shall, on request from any person, provide a summary of the main reasons and considerations on which the determination of an appeal before the commencement of the Fisheries (Amendment) Act, 2001, was based. ]

F23 [ (9) Subject to subsection (10) , the Board shall, as soon as practicable, publish on its website notices of appeal served on it under subsection (1) .

(10) Subsection (9) shall not apply as regards notices of appeal received by the Board later than the expiration of the period referred to in subsection (1) . ]

Annotations:

Amendments:

F22

Inserted (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001), s. 10, commenced on enactment.

F23

Inserted (27.06.2019) by European Union (Aquaculture Appeals) (Environmental Impact Assessment) Regulations 2019 (S.I. No. 341 of 2019), reg. 2(a).