Fisheries (Amendment) Act 1997

Power of Board to declare appeals and applications withdrawn.

54

54. (1) Where the Board is of the opinion that an appeal, or an application for an aquaculture licence to which the appeal relates, has been abandoned, it may serve on the person who made the appeal or application, as may be appropriate, a notice stating that it is of that opinion and requiring the person, within the period specified in the notice (being not less than 14 or more than 28 days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal or application should not be regarded as having been withdrawn.

(2) Where a notice has been served under subsection (1), the Board may, at any time after the expiration of the period specified in the notice, and after considering any submissions made to the Board pursuant to the notice, declare—

( a) in a case where the notice refers to an application for an aquaculture licence, that the application shall be regarded as having been withdrawn, and

( b) in a case where the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn.

(3) Where under subsection (2) (a) the Board declares that an application for an aquaculture licence is to be regarded as having been withdrawn—

( a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

( b) notwithstanding any previous decision relating to the application, no aquaculture licence shall be granted as a result of the application.