Fisheries (Amendment) Act 2003

Foreshore application and other fees.

32

32.—(1) An application for—

(a) a lease under section 2 of the Act of 1933,

(b) a licence under section 3 of that Act,

(c) approval under section 10 of that Act,

(d) a consent under section 13 of that Act, or

(e) an amendment of any such lease, licence, approval or consent,

shall be subject to F20[such fee as the appropriate Minister may], with the consent of the Minister for Finance, prescribe.

(2) Every—

(a) approval under section 10 of the Act of 1933, or

(b) consent under section 13 of that Act,

shall be subject to F20[such fee as the appropriate Minister may], with the consent of the Minister for Finance, prescribe.

(3) Regulations under this section may provide for fees of different amounts in respect of applications referred to in subsection (1) or approvals or consents referred to in subsection (2) of different categories and in different circumstances.

(4) Where under regulations made under this section a fee is payable in respect of any application referred to in subsection (1) or approval or consent referred to in subsection (2), the application shall not be considered or the approval or consent granted, as the case may be, unless F20[the appropriate Minister] is in receipt of the fee.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) Every fee received by F20[the appropriate Minister] under this section shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

F21[(6A) The Public Offices Fees Act 1879 does not apply to a fee prescribed under this section.]

(7) In this section—

“Act of 1933” means the Foreshore Act 1933;

F22["appropriate Minister" means the Minister exercising the functions concerned having regard to section 1B (inserted by the Foreshore and Dumping at Sea (Amendment) Act 2009) of the Foreshore Act 1933;]

“prescribe” means prescribe by regulations.

Annotations

Amendments:

F20

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 21((a), (b), commenced as per s. 1(4).

F21

Inserted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 99(j), commenced on enactment.

F22

Inserted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 21(c), commenced as per s. 1(4).