Fisheries (Amendment) Act 1997

Number 23 of 1997

FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 8 December 2021

This Revised Act is an administrative consolidation of the Fisheries (Amendment) Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Criminal Justice (Amendment) Act 2021 (36/2021), enacted 8 December 2021, and all statutory instruments up to and including the Aquaculture Licensing Appeals (Fees) Regulations 2021 (S.I. No. 771 of 2021), made 8 December 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 23 of 1997

FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 8 December 2021

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, collective citation, construction and commencement.
2.	Non-application to Moville Area of the Foyle Fisheries area.
3.	Interpretation.
4.	Repeal of sections 54 and 54A of Act of 1980 and revocation of orders and savings.
5.	Repeal and amendment of provisions of Principal Act.

Part II

Regulation of Aquaculture and Related Matters

6.	Regulation of aquaculture.
7.	Aquaculture licences.
8.	Limitation on licensing to engage in aquaculture.
9.	Trial licences.
10.	Applications for licences.
11.	Person not to engage in aquaculture in anticipation of grant of licence.
12.	Determination of applications for licences.
13.	Period for determination of applications for licences.
14.	Granting of licences.
15.	Duration of aquaculture licences.
16.	Effect of licence.
17.	Application of sections 263 and 264 of Principal Act.
18.	Licence may be amended to give effect to later agreements.
19.	Renewal of licence.
19A.	Renewal of licence after its expiration.
20.	Offence of interfering with licensee's rights under licence.
21.	Delegation of certain functions by Minister.

PART III

Appeals and Related Matters

Chapter I

Aquaculture Licences Appeals Board

22.	Aquaculture Licences Appeals Board.
23.	Membership of Board.
24.	Tenure of office of Chairperson and members of Board.
25.	Remuneration, etc., of Chairperson and members of Board.
26.	Chairperson to ensure efficient performance of functions of Board.
27.	Deputy Chairperson.
28.	Meetings and procedure of Board.
29.	Board's quorum, vacancies, etc.
30.	Disclosure of confidential information.
31.	Prohibition of certain communications in relation to appeals.
32.	Secretary of Board.
33.	Declaration of interests.
34.	Disclosure of interests.
35.	Consultants and advisers.
35A.	Employees of Board.
35B.	Superannuation of employees of Board.
35C.	Provision of services by Minister to Board and Board to Minister.
35D.	Membership of either House of Oireachtas, etc.
36.	Grants to Board.
37.	Accounts and audits.
38.	Annual report, etc.
39.	Board to keep itself informed of certain policies and objectives.

Chapter II

Appeals to Board

40.	Appeals against decisions of Minister on aquaculture licence applications, etc.
41.	Provisions as to making of appeals.
42.	Joinder of actions.
43.	Submission of documents, etc., to Board by Minister.
44.	Submissions or observations by other parties to appeal.
45.	Submissions or observations by persons other than parties to appeal.
46.	Power of Board to request submissions or observations.
47.	Power of Board to require submission of documents, etc.
48.	Powers of Board where notice served under section 46 or 47.
49.	Oral hearings.
50.	Matters other than those raised by parties or other persons may be taken into account in determining appeals.
51.	Board may dismiss appeals if vexatious, etc.
52.	Appeals against conditions.
53.	Withdrawal of appeals.
54.	Power of Board to declare appeals and applications withdrawn.
55.	Time for appeals, etc., extended where offices of Board closed.
56.	Duty and objective of Board.
57.	Certain powers in relation to oral hearings of appeals.
57A.	Board or consultant or adviser or employee or other person may inspect land, etc.
58.	Reference of certain questions of law to High Court.
59.	Reports of inspections, etc.
60.	Appeal regulations.

PART IV

Miscellaneous

61.	Matters to which licensing authority shall have regard in determining aquaculture licence applications and appeals.
62.	General policy directives.
63.	Fees in relation to applications and appeals.
64.	Fees for licences.
65.	Offences and general penalty for contravention or failure to comply with provision of Act.
65A.	Offence by body corporate, etc.
65B.	Prosecutor may appeal dismissal of proceedings in District Court.
66.	Costs of prosecutions.
67.	Removal of unlawful aquaculture structures and equipment under Foreshore Act.
67A.	Reduction in licensed area, etc.
67B.	Permission of use of novel or experimental equipment by licensee.
68.	Revocation or amendment of aquaculture licences.
69.	Cesser of aquaculture licences in certain circumstances.
70.	Review of aquaculture licences.
71.	Aquaculture regulations.
72.	False or misleading statements in relation to licence applications or appeals.
73.	Applications for judicial review of decisions on licence applications or appeals.
74.	Provisions in respect of certain licence applications.
75.	Provisions in respect of certain existing licences.
76.	Ownership of stock.
77.	Recapture of escaped stock.
78.	Register of licences.
79.	Restriction of application of Part X of Principal Act.
80.	Amendment of Environmental Protection Agency Act, 1992.
81.	Appointment of staff of Marine Institute as authorised officers and powers in relation to aquaculture.
82.	Application of Foreshore Acts, 1933 and 1992 to aquaculture.

SCHEDULE

Aquaculture Licences Appeals Board

Acts Referred to
Acquisition of Land (Assessment of Compensation) Act, 1919	9 & 10 Geo. 5. 57
Civil Service Regulation Act, 1956	1956, No. 46
Environmental Protection Agency Act, 1992	1992, No. 7
European Assembly Elections Act, 1977	1977, No. 30
European Communities Act, 1972	1972, No. 27
European Parliament Elections Act, 1993	1993, No. 30
Fisheries Act, 1980	1980, No. 1
Fisheries Acts, 1959 to 1995
Fisheries (Consolidation) Act, 1959	1959, No. 14
Foreshore Act, 1933	1933, No. 12
Foreshore Acts, 1933 and 1992
Foyle Fisheries Act, 1952	1952, No. 5
Local Government (Planning and Development) Act, 1963	1963, No. 28
Local Government (Water Pollution) Act, 1977	1977, No. 1
Marine Institute Act, 1991	1991, No. 2
Sea Fisheries Act, 1952	1952, No. 7
Údarás na Gaeltachta Act, 1979	1979, No. 5

Number 23 of 1997

FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 8 December 2021

AN ACT TO AMEND AND EXTEND THE LAWS RELATING TO FISHERIES, TO PROHIBIT PERSONS FROM ENGAGING IN AQUACULTURE EXCEPT WITH AND IN ACCORDANCE WITH A LICENCE TO ESTABLISH A PROCEDURE FOR THE GRANTING, RENEWAL, AMENDMENT AND REVOCATION OF LICENCES, TO ALLOW FOR APPEALS AGAINST DECISIONS RELATING TO LICENCES, AND FOR CONNECTED PURPOSES. [14th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of collectively cited Aquaculture Acts affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Aquaculture Acts 1997 to 2006

...

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 23 of 1997	Fisheries (Amendment) Act 1997	Sections 25, 27(3), 35A(2), 36, 37, 63(1), 64(1) and (3) and 68(6)
...	...	...

Application of collectively cited Aquaculture Acts potentially restricted (1.08.2008) by European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1. Note also conditions of licence granted under Act may be modified in accordance with reg. 43(2)(a).

(2) If there is a conflict between—

(a) a condition of an aquaculture licence (within the meaning of Part VIA (inserted by the Foyle and Carlingford Fisheries Act 2007) of the Foyle Fisheries Act 1952 or the Fisheries (Amendment) Act 1997) and a condition of a fish health authorisation, the condition of the fish health authorisation prevails, or

(b) between the Aquaculture Acts and these Regulations, these Regulations prevail.

Functions in relation to collectively cited Aquaculture Acts transferred and references to “Department of” and “Minister for Communications, Marine and Natural Resources” construed (9.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 4-8. Note: as of date of this revision, name of Department and Minister changed to Agriculture, Food and the Marine (17.10.2011) by Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall be construed as a reference to the Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and

(b) Regulations made under section 3 of the European Communities Act 1972 cited in Part 2 of that Schedule,

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.

...

SCHEDULE

PART 1

...

Aquaculture Acts 1997 to 2006

...

Editorial Notes:

Previous affecting provision: application of Act potentially restricted by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 31, as amended (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 3(13); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1), in effect as per reg. 1(3), subject to transitional provisions in reg. 73(3).

Revised Acts

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Fisheries (Amendment) Act 1997