Fisheries and Foreshore (Amendment) Act 1998

Provisions relating to certain aquaculture licences.

3

3. (1) Subject to subsection (2) of this section, where before the commencement of section 75 of the Act of 1997 there was purported to be granted—

( a) a foreshore licence for aquaculture purposes under the Act of 1933, or

( b) a fish culture licence under section 15 of the Principal Act,

then such purported grant of the licence concerned shall be deemed to have been duly made and, accordingly, shall be deemed by virtue of the said section 75 to be an aquaculture licence granted under the Act of 1997.

(2) Where a foreshore licence is deemed to be an aquaculture licence under subsection (1) of this section then the following shall apply:

( a) the Minister shall, as soon as practicable, issue a draft aquaculture licence to the licensee concerned and shall give by post to the licensee not less than 28 days notice in writing stating that the Minister proposes to grant the licence subject to such terms and conditions as are contained in the draft licence;

( b) the Minister shall consider any representations in relation to the draft licence made to the Minister by the licensee before the expiration of the notice;

( c) the Minister shall notify the licensee in writing of his or her decision in respect of the draft licence and shall publish notice of the decision—

(i) as soon as practicable after making the decision in a newspaper circulating in the vicinity of the aquaculture, and

(ii) in addition, in the Iris Oifigiúil if an environmental impact statement was required;

( d) section 14 and Chapter II of the Act of 1997 shall apply to the decision of the Minister in respect of the draft licence as if it was a determination or a decision in respect of an application for an aquaculture licence.

(3) Where a licence is deemed to be an aquaculture licence under—

( a) subsection (1) of this section, or

( b) section 75 of the Act of 1997,

then the licensee shall be liable for such fees as are prescribed by the Minister under the Act of 1997 including fees payable—

(i) on each anniversary of the granting of the licence while the licence is in force,

(ii) in respect of an application for the renewal of the licence, and

(iii) in respect of an application under section 70 of the Act of 1997 for a review of the licence.

(4) Notwithstanding subsection (1) of this section, in the case of a foreshore licence which is deemed to be an aquaculture licence under the said subsection (1), the provisions of the Foreshore Acts, 1933 and 1992, shall apply to such foreshore licence.

(5) Where a licence is deemed under subsection (1) of this section to be an aquaculture licence and such deeming would, but for this subsection, conflict with a constitutional right of any person, then the licence concerned shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.