Fisheries (Amendment) Act 1997

Provisions as to making of appeals.

41

41. (1) For an appeal under section 40 to be valid, the notice of appeal shall—

( a) be in writing,

( b) state the name and address of the appellant,

( c) state the subject matter of the appeal,

( d) state the appellant's particular interest in the outcome of the appeal,

F24 [ ( e ) state in full the grounds of the appeal and the reasons, considerations and arguments on which they are based,

( f ) where an environmental impact assessment is required under Regulation 3 of the Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012 (S.I. No. 468 of 2012), include evidence of compliance with paragraph (3A) of the said Regulation 3,

and

( g ) be accompanied by such fee, if any, as may be payable in respect of such an appeal in accordance with regulations under section 63 , ]

and shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.

(2) The requirement of subsection (1)(e) shall apply whether or not the appellant requests, or proposes to request, in accordance with section 49 , an oral hearing of the appeal.

(3) Without prejudice to section 46 , an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds of appeal received by the Board shall not be considered by it.

(4) Without prejudice to section 47 , the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the notice of appeal.

Annotations:

Amendments:

F24

Substituted and inserted (27.06.2019) by European Union (Aquaculture Appeals) (Environmental Impact Assessment) Regulations 2019 (S.I. No. 341 of 2019), reg. 2(b).