Fisheries (Consolidation) Act 1959
Power of Minister to grant fish culture licences.
15.—(1) The Minister may, whenever and so often as he thinks fit, F13[on payment to him of the prescribed fee (if any)] by licence (in this section referred to as a fish culture licence) authorise, subject to such conditions as he thinks fit and specifies in the licence, a named person to carry on at a specified place such operations, in relation to the culture of fish of a specified kind, as may be specified in the licence.
(2) Notwithstanding anything contained in this Act or any instrument made thereunder, a person to whom a fish culture licence is granted and any person acting under the directions of such first-mentioned person may, subject to the conditions specified in the licence, do any of the things authorised by the licence.
(3) The Minister, if he so thinks fit, may amend a fish culture licence within ten years from the date on which the licence was granted.
(4) The Minister may revoke a fish culture licence—
(a) if the licensee is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or
(b) if he is satisfied that there has been a breach of any condition specified in the licence.
(5) The following provisions shall apply in relation to the amendment or revocation of a fish culture licence under this section—
(a) the Minister shall not amend or revoke the licence unless and until he has given by post to the licensee at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the licence,
(b) the notice shall also state—
(i) in case it states that the Minister has under consideration the amendment of the licence—the specific amendment under consideration and the grounds on which it is so under consideration, or
(ii) in case it states that the Minister has under consideration the revocation of the licence—the grounds on which such revocation is so under consideration,
(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the licensee before the expiration of the notice.
F13[(6) (a) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted by the Minister under this section.
(b) Every fee received by the Minister under this section shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.]
F13[(7) Any person who engages in the culture of fish otherwise than under and in accordance with a licence under this section or section 54 of the Fisheries Act 1980, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.]
F13[(8) Where—
(a) a person by fishing or otherwise interferes with anything done pursuant to a licence granted by the Minister under this section, and
(b) such interference is carried on without the permission of the person to whom the licence is granted,
the person so interfering shall be guilty of an offence under this section and shall be liable—
(c) on summary conviction thereof, to a fine not exceeding £500,
(d) on conviction thereof on indictment, to a fine not exceeding £2,000.]
Annotations
Amendments:
F13
Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 63(a), (b), commenced on enactment.
F14
Repealed by Fisheries (Amendment) Act 1997 (23/1997), s. 5(1), not commenced as of date of revision.
Modifications (not altering text):
C21
Prospective affecting provision: section repealed by Fisheries (Amendment) Act 1997 (23/1997), s. 5(1), not commenced as of date of revision.
15.—F14[…]
C22
References to “prescribed fee” in subss. (1), (6)(a) construed (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001), s. 14(1)(a), (b), commenced on enactment.
Confirmation of fees payable to Minister in respect of certain fish culture and aquaculture licences.
14.—(1) In section 15 (repealed by section 5 of the Act of 1997) of the Principal Act—
(a) in subsection (1) (as amended by section 63(a) of the Act of 1980) reference to the prescribed fee shall be construed as reference to a fee determined by the Minister, and
(b) in subsection (6)(a) (inserted by section 63(b) of the Act of 1980) reference to prescribe shall be construed as reference to determine,
in respect of any fee payable under that section in relation to fish culture licences granted under section 15 of the Principal Act before the repeal of that section.
…
C23
Application of section extended (23.12.1998) by Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 2, commenced on enactment.
Applications for certain aquaculture licences.
2.— (1) Where before the commencement of section 74 of the Act of 1997 an application was made for a fish culture licence under section 15 of the Principal Act such application shall—
(a) be deemed always to have been capable of being so made under the said section 15 notwithstanding the enactment of section 54 of the Act of 1980, and
(b) be determined in accordance with the said section 74.
…