Fisheries (Amendment) Act 1997

69

F42 [ Cesser of aquaculture licences in certain circumstances.

69. (1) ( a ) Subject to paragraph ( b ), where aquaculture in respect of which a licence has been granted has not commenced within 2 years after the date on which the licence was granted, the licence ceases to have effect.

( b ) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has not been commenced or cannot commence within the period specified in paragraph ( a ), may apply to the Minister, giving those reasons, for a determination that the licence concerned shall not cease to have effect.

( c ) The Minister may, at his or her discretion, having considered the reasons given by the licensee under paragraph ( b ), determine whether or not the licence shall cease to have effect. The determination of the Minister is final.

(2) ( a ) Subject to paragraph ( b ), where aquaculture in respect of which a licence has been granted has ceased for a continuous period of 2 years, the Minister shall, without compensation to the licensee, revoke the licence.

( b ) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has ceased or is likely to cease for the period referred to in paragraph ( a ), may apply to the Minister, giving those reasons, for a determination not to revoke the licence.

( c ) The Minister may, in his or her discretion, having considered the reasons given by the licensee under paragraph ( b ), determine whether or not to revoke the licence. The determination of the Minister is final.

( d ) This subsection is deemed to have come into operation on 30 June 1998. ]

Annotations:

Amendments:

F42

Substituted (4.04.2006 and 30.06.1998) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101(j), commenced on enactment.