Fisheries (Amendment) Act 1997

Appeals against conditions.

52

52. (1) Where—

( a) an appeal is brought against a decision to grant or amend an aquaculture licence,

( b) the appeal relates only to a condition or conditions to which the decision provides the aquaculture licence shall be subject, and

( c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if the application had been made to the Board in the first instance would not be warranted,

then, subject to compliance by the Board with subsection (2), it may, in its absolute discretion, deal with the appeal by reference only to the condition or conditions to which the appeal relates, and such other conditions, if any, as the Board considers relevant.

(2) In exercising its power under subsection (1), apart from considering the condition or conditions to which the relevant appeal relates and other conditions, if any, which, in accordance with that subsection it considers relevant, the Board shall be restricted to considering the matters which under section 61 it would be restricted to considering were it determining the relevant application as if it had been made to it in the first instance.