Fisheries (Amendment) Act 1997

PART IV

Miscellaneous

Matters to which licensing authority shall have regard in determining aquaculture licence applications and appeals.

61

61.The licensing authority, in considering an application for an aquaculture licence or an appeal against a decision on an application for a licence or a revocation or amendment of a licence, shall take account, as may be appropriate in the circumstances of the particular case, of—

( a) the suitability of the place or waters at or in which the aquaculture is or is proposed to be carried on for the activity in question,

( b) other beneficial uses, existing or potential, of the place or waters concerned,

( c) the particular statutory status, if any, (including the provisions of any development plan, within the meaning of the Local Government (Planning and Development) Act, 1963 as amended) of the place or waters,

( d) the likely effects of the proposed aquaculture, revocation or amendment on the economy of the area in which the aquaculture is or is proposed to be carried on,

( e) the likely ecological effects of the aquaculture or proposed aquaculture on wild fisheries, natural habitats and flora and fauna, and

( f) the effect or likely effect on the environment generally in the vicinity of the place or water on or in which that aquaculture is or is proposed to be carried on—

(i) on the foreshore, or

(ii) at any other place, if there is or would be no discharge of trade or sewage effluent within the meaning of, and requiring a licence under section 4 of the Local Government (Water Pollution) Act, 1977, and

( g) the effect or likely effect on the man-made environment of heritage value in the vicinity of the place or waters.