Fisheries (Amendment) Act 1997

Duty and objective of Board.

56

56. (1) The Board shall, as far as practicable, ensure that appeals are dealt with and determined expeditiously and that all steps are taken to avoid unnecessary delays.

(2) Without limiting the generality of subsection (1) but subject to subsections (3) and (4), the Board should endeavour to ensure that every appeal is determined within—

( a) a period of four months beginning on the date of the receipt by the Board of the notice of appeal, or

( b) such other period as the Minister may prescribe, either generally or in respect of a particular class or particular classes of appeals.

(3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal, to determine an appeal within the period required by subsection (2), it shall, by notice in writing served on the parties to the appeal and all persons who made submissions or observations to the Board in accordance with section 45 before the expiration of that period, inform those parties and persons of the reasons why the appeal would not be determined within that period and shall specify the date before which, or the period within which, the Board intends that the appeal shall be determined.

(4) Where a notice has been served under subsection (3), the Board shall endeavour to ensure that the appeal is determined before the date, or within the period, specified in the notice.

(5) The Minister may make regulations—

( a) providing that subsection (2) shall not have effect for such period as is specified in the regulations, or

( b) varying a period mentioned in that subsection either generally or in respect of a particular class or particular classes of appeals,

where it appears to the Minister to be necessary, because of exceptional circumstances, to do so and, for so long as such regulations are in force, this section shall be construed and have effect accordingly.

(6) The Board shall, at such intervals as it thinks fit or the Minister may direct, conduct reviews of its organisation and of the systems and procedures used by it in relation to appeals.

(7) Where the Minister gives a direction under subsection (6), the Board shall report to the Minister the results of the review and shall comply with any direction which the Minister may, after consultation with the Board on those results, give in relation to all or any of the matters which were the subject of the review.

(8) The Board may, on its own initiative or at the request of the Minister, make submissions or recommendations to the Minister on any matter relating to its functions or to licensing (including trial licensing) policy.

(9) The Minister may consult with the Board on any matter relating to the performance of—

( a) the functions of the Board, or

( b) the functions in relation to aquaculture assigned to the Minister by or under the Fisheries Acts, 1959 to 1995 as amended by this Act, or by any order, regulation or other instrument under those Acts or this Act.