Fisheries (Amendment) Act 1997

Revocation or amendment of aquaculture licences.

68

68. (1) Subject to subsection (3) F40 [ ], the Minister may, in his or her discretion and, subject to subsection (5), without compensation to the licensee, revoke an aquaculture licence if the Minister—

( a) is satisfied that there has been a breach of any condition specified in the licence,

( b) is satisfied that the aquaculture operation to which the licence relates is not being properly maintained, or

( c) considers that it is in the public interest to do so.

(2) Subject to subsection (3) F41 [ ], the Minister may amend an aquaculture licence if he or she considers it is in the public interest to do so.

(3) The following shall apply in relation to the revocation or amendment of an aquaculture licence:

( a) the Minister shall not revoke or amend the licence unless and until he or she has given by post to the licensee not less than 28 days notice in writing stating that the Minister has under consideration the revocation or amendment, as the case may be, of the licence;

( b) the notice shall also state—

(i) where it states that the Minister has under consideration the amendment of the licence, the specified amendment under consideration and the grounds on which it is so under consideration, or

(ii) where it states that the Minister has under consideration the revocation of the licence, the grounds on which the revocation is under consideration;

( c) the Minister shall consider any representations in relation to a proposed revocation or amendment made to the Minister by the licensee before the expiration of the notice.

(4) The application regulations may provide for such procedural matters in relation to the revocation or amendment of licences as the Minister considers necessary or expedient.

(5) Where under subsection (1)(c) or (2) the Minister revokes or amends an aquaculture licence, the licensee shall be entitled to be paid by the Minister compensation for any loss suffered by him or her by reason of the revocation or amendment and, in default of agreement, the amount of compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(6) Any expenses incurred by the Minister under this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Annotations:

Amendments:

F40

Deleted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101(i), commenced on enactment.

F41

Deleted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101(i)), commenced on enactment.

Editorial Notes:

E35

Power pursuant to section exercised (4.07.2018) by Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018).

E36

Power pursuant to section exercised (25.08.2016) by Aquaculture (Licence Application) (Amendment) Regulations 2016 (S.I. No. 464 of 2016).

E37

Power pursuant to section exercised (30.06.1998) by Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998), in effect as per reg. 2.

E38

Previous affecting provision: power pursuant to section exercised (7.04.2001) by Aquaculture (Licence Application) (Amendment) Regulations 2001 (S.I. No. 145 of 2001); revoked (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. No. 301 of 2012), reg. 3.