22.—(1) There is hereby established, on such day as shall be appointed for that purpose by order of the Minister, a body to be known as the Aquaculture Licences Appeals Board, to perform the functions assigned to it by this Act.

(2) The provisions of the Schedule shall have effect in relation to the Board.

23.—(1) The Board shall consist of a Chairperson and six other members.

F9[(1A) A person who is, for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) a member of a local authority,

shall be disqualified from being appointed as the Chairperson or member of the Board.]

(2) The Chairperson shall be appointed by the Government.

(3) The Minister shall prescribe not less than two organisations which, in the Minister’s opinion, are representative of each of the following classes of organisation:

(a) organisations which, in the Minister’s opinion, are concerned with the promotion of the development of aquaculture or are representative of persons carrying on the business of developing aquaculture;

(b) organisations which, in the Minister’s opinion, are concerned with the conservation, development and protection of wild fisheries;

(c) organisations which, in the Minister’s opinion, are representative of persons whose professions or occupations relate to physical planning and development;

(d) organisations which, in the Minister’s opinion, are representative of persons concerned with the protection and preservation of the environment and amenities;

(e) organisations which, in the Minister’s opinion, are concerned with the promotion of general economic development; and

(f) organisations which, in the Minister’s opinion, are concerned with the promotion of community development.

(4) Subject to subsection (5), the Minister shall appoint as members of the Board from amongst those persons nominated by each of the classes of organisations prescribed under subsection (3) one member to represent each class of organisation, or in default of such nominations after the Minister has given each a reasonable opportunity to do so, then from among such persons as the Minister thinks fit.

(5) Where because of the illness of the Chairperson or of any other member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board to perform its functions effectively, the Minister may appoint a person who, in the Minister's opinion, has the appropriate knowledge or experience in matters relevant to the functions of the Board to act as a member of the Board in place of an absent member during the absence.

(6) An organisation prescribed under subsection (3) shall, whenever so requested by the Minister, select such number of candidates (not being less than two), as the Minister may specify for appointment as members of the Board and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(7) Subject to subsection (5) and except in the case of a reappointment under section 24 (1) (b), the Minister shall not appoint a person to be a member unless the person was amongst those selected pursuant to a request under subsection (6) in relation to that appointment, but—

(a) if all of the appropriate organisations refuse or fail to select any candidate, or

(b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations,

pursuant to a particular request under subsection (6), then either—

(i) the Minister shall appoint as a member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) the Minister shall make a further such request and shall appoint as a member a person who was amongst those selected pursuant to that request made in relation to the appointment.

(8) Where a request is made under subsection (6) or (7)(ii), failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by the organisation or by any other organisation.

24.—(1) Subject to this section—

(a) the Chairperson shall hold office for a period of five years, and may be reappointed for a second or subsequent term of office; and

(b) a member of the Board, other than the Chairperson, shall hold office for such period, not exceeding five years, as shall be specified by the Minister when appointing the member, and may be re-appointed for a second or subsequent term of office.

(2) The Chairperson or other member of the Board may resign the office of Chairperson or member, as the case may be, by letter addressed to the Minister, and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(3) The Chairperson or other member of the Board shall vacate the office of Chairperson or member, as the case may be, on attaining the age of 70 years.

(4) Where the Chairperson or other member of the Board—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

F10[(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or

(d) becomes a member of a local authority]

he or she shall thereupon cease to be the Chairperson or a member of the Board, as the case may be.

(5) The Minister may remove the Chairperson or other member of the Board from office—

(a) if the Chairperson or member becomes incapable through ill-health of effectively performing his or her functions,

(b) for stated misbehaviour, or

(c) if the Chairperson's or member's removal appears to the Minister to be necessary for the effective performance by the Board of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for any such removal.

(6) Where the Chairperson or other member of the Board—

(a) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or

(b) is convicted on indictment by a court of competent jurisdiction,

he or she shall thereupon be disqualified from holding, and shall cease to hold, office as Chairperson or member, as the case may be.

25.—There shall be paid by the Board to the Chairperson and each other member of the Board such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

26.—(1) It shall be the function of the Chairperson, or, where he or she is not available or where the office of Chairperson is vacant, the Deputy Chairperson, to ensure the efficient performance of the functions of the Board.

(2) Where the Chairperson is of the opinion that the conduct of a member of the Board has been such as to bring the Board into disrepute or has been prejudicial to the effective performance by the Board of its functions, the Chairperson may, in his or her absolute discretion—

(a) require the member to attend for interview and on the member so attending interview the member privately and inform the member of that opinion, or

(b) otherwise investigate the matter and, if he or she considers it appropriate so to do, report to the Minister the result of the investigation.

27.—(1) The Minister shall appoint from amongst the members of the Board a person to be the Deputy Chairperson of the Board for such period, not exceeding the period remaining to be served of the member's current term of office as a member of the Board, as the Minister thinks fit and specifies at the time of the appointment.

(2) If the Deputy Chairperson ceases to be a member of the Board, he or she shall thereupon cease to be Deputy Chairperson.

(3) The Deputy Chairperson shall, in addition to his or her remuneration as a member of the Board, be paid by the Board such additional remuneration, if any, as the Minister, with the consent of the Minister for Finance, determines.

(4) The Deputy Chairperson may resign the office of Deputy Chairperson by letter addressed to the Minister and the resignation shall take effect on the date of the receipt of the letter by the Minister.

28.—(1) The Board shall hold such meetings as may be necessary for the performance of its functions.

(2) Subject to section 34 (l)(d), the Chairperson and each other member, at a meeting of the Board, shall have a vote on any matter before the Board.

(3) At a meeting of the Board—

(a) the Chairperson, if present, shall preside,

(b) if and for so long as the Chairperson is not present, or if the office of Chairperson is vacant, the Deputy Chairperson shall, if present, preside, or

(c) if and for so long as the Chairperson is not present or the office of Chairperson is vacant and the Deputy Chairperson is not present or the office of Deputy Chairperson is vacant, the members present shall appoint one of their number to preside.

(4) Every question at a meeting of the Board shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person presiding shall have a casting vote in addition to his or her deliberative vote.

(5) Subject to any provision of this Act or any regulation made under this Act which regulates or otherwise affects the procedure of the Board, the Board shall regulate its own procedure.

(6) Subject to subsections (7) and (8), the Board may perform any of its functions through or by the Chairperson or any other member of the Board or other person who, in either case, has been duly authorised by the Board in that behalf.

(7) Subsection (6) shall be construed as enabling a member of the Board finally to determine a particular case only if the case has been considered at a meeting of the Board before the giving of the authorisation.

(8) Subsection (6) shall not be construed as enabling the Board to authorise a person who is not a member of the Board finally to deter-mine a particular case with which the Board is concerned.

29.—(1) The quorum for a meeting of the Board shall be four.

(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of Chairperson, Deputy Chairperson or among the other members.

(3) Where a vacancy occurs in the office of Chairperson, Deputy Chairperson or among the other members, the Minister shall, as soon as practicable, take steps to fill the vacancy.

30.—(1) A person who discloses confidential information obtained by the person in his or her capacity of Chairperson or other member of the Board, secretary of the Board or consultant or adviser engaged by the Board F11[or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C], unless the person is authorised by the Board to do so, shall be guilty of an offence.

(2) In subsection (1) “confidential information” includes information, or information of a particular class or description of information, expressed by the Board to be confidential.

31.—(1) A person who communicates with the Chairperson or other member of the Board, the secretary of the Board or a consultant or adviser engaged by the Board F12[or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C], for the purpose of influencing improperly the consideration by the Board of an appeal or the decision of the Board in relation to an appeal shall be guilty of an offence.

(2) If the Chairperson or a member, secretary or consultant or adviser F13[or employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C] is of the opinion that a communication is in contravention of subsection (1), he or she shall not entertain the communication further and shall immediately inform the Board in writing of the substance of the communication, and the Board shall acknowledge in writing the receipt of such information.

32.—An officer of the Minister who is an established civil servant for the purpose of the Civil Service Regulation Act, 1956, and who is seconded to the Board for that purpose, either on a whole-time or part-time basis, shall act as secretary of the Board.

33.—(1) A person to whom this section applies shall give to the Board a declaration in the prescribed form, signed by him or her, containing particulars of—

(a) every interest of his or hers which is an interest to which this section applies, and

(b) every change in any such interest or any other interest to which this section applies subsequently acquired by the person.

(2) This section applies to—

(a) the Chairperson,

(b) other members of the Board,

F14[(c) the secretary of the Board,

(d) each consultant or adviser engaged by the Board, and

(e) each employee of the Board and each person of whose services the Board has availed itself pursuant to section 35C.]

(3) This section applies to the following interests:

(a) any estate or interest which a person to whom this section applies has in any land, or in any process, development or operation, associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing;

(b) any business or dealing in or developing land, or any process, development or operation associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing, in which such a person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee of his or hers, is a member;

(c) any profession, business or occupation in which such a person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land or to any process, development or operation associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing.

(4) A person to whom this section applies who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) only if he or she gives to the Board a declaration mentioned in that subsection within the period of 28 days—

(a) beginning on the day on which he or she becomes such a person, or

(b) where there is a change in an interest particulars of which are contained in a declaration already given by the person, or where the person acquires any other interest to which this section applies, beginning on the day on which the change occurs or, as the case may be, the other interest is acquired.

(5) For the purposes of this section but subject to subsection (6), a person shall be regarded as having an estate or interest in land or an activity if the person, or the person's nominee, is a member of a company or any other body which has an estate or interest in the land or activity.

(6) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of a matter arising or coming before the Board or in performing a function in relation to that matter.

(7) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee and the total nominal value of those shares does not exceed the lesser of—

(a) £1,000, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,

subsection (1) shall not have effect in relation to that interest.

(8) The Board shall, for the purposes of this section, keep a register (in this section referred to as the “register of interests”) and shall enter in it the particulars contained in declarations given to the Board pursuant to this section.

(9) The register of interests shall be available for inspection by any person at the office of the Board during normal office hours, and a copy of the register or any entry in the register may be obtained by any person on the payment to the Board of such fee, if any, as the Board may fix, not exceeding the reasonable cost of making the copy.

(10) Where a person ceases to be a person to whom this section applies, all particulars entered in the register of interests as a result of a declaration being given by the person to the Board pursuant to this section shall be removed from the register by the Board as soon as practicable after the expiration of the period of 20 years beginning on the day on which the person ceases to be a person to whom this section applies.

(11) Subject to subsection (12), a person who, when purporting to comply with subsection (1), gives particulars which are false or which, to his or her knowledge, are misleading in a material respect, shall be guilty of an offence.

(12) In proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and on reasonable grounds, that—

(a) the relevant particulars were true,

(b) there was no matter about which he or she was then required to make a declaration under subsection (1), or

(c) that the matter in relation to which the offence is alleged was not one about which he or she was so required to make a declaration.

34.—(1) Where the Chairperson or other member of the Board, the secretary of the Board or a consultant or adviser engaged by the Board F15[or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C] has a pecuniary or other beneficial interest in, or material to, any appeal or matter to be considered by the Board, he or she shall—

(a) disclose to the Board the nature of the interest in advance of any consideration of the appeal or matter,

(b) neither influence nor seek to influence a decision in relation to the appeal or matter,

(c) take no part in any consideration of the appeal or matter, or

(d) withdraw from the meeting of the Board for so long as the appeal is being considered or matter discussed by the Board and shall not vote or otherwise participate in the determination of the appeal or consideration of the matter or, in the case of a member, be counted towards a quorum at the meeting during that time.

(2) For the purposes of this section, but without limiting the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) the person or any member of the person's household, or any nominee of the person or of any member of his or her household, is a member of a company or other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) the person or any member of the person's household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) the person or any member of the person's household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of the person's household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, a matter by reason only of an interest of the person or of a company or other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, a question in respect of a matter arising or coming before the Board or in performing a function in relation to such a matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with the requirements of subsection (1), the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Board pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

F16[(6) Where the Minister is satisfied that a member of the Board has failed to comply with subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take such other action as he or she considers appropriate and, in case a person is removed from office pursuant to this subsection, he or she shall thereafter be disqualified from membership of the Board.

(7) Where the Board is satisfied that a person who is not a member of the Board has failed to comply with subsection (1), the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(8) For the purposes of this section a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter. ]

35.—(1) The Board may, from time to time, engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser so engaged shall be paid by the Board out of moneys made available by the Oireachtas.

(2) Any person may notify the Board in writing of his or her willingness to be engaged by the Board as a consultant or adviser and give to the Board particulars of his or her qualifications and experience, and the Board shall maintain a list of such persons.

(3) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (2), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on the list.

(4) The Board shall include in its annual report a statement of the names of the persons, if any, engaged pursuant to this section during the year to which the report relates.

35A.—(1) The Board shall appoint such and so many persons to be employees to the Board as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of those employees, from time to time considers appropriate.

(2) The Board may employ a person in a part-time capacity to be remunerated by the payment of fees in such amounts as the Board may, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determine.

(3) An employee of the Board holds his or her employment on such terms and conditions as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines.

(4) There shall be paid by the Board to its employees out of moneys at its disposal such remuneration and allowances as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines.]

35B.—(1) The Board shall prepare and submit to the Minister for his or her approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such whole-time employees of the Board as it considers appropriate.

(2) The Board may, at any time, prepare and submit to the Minister a scheme amending a scheme under this section.

(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the consent of the Minister for Finance, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister, with such consent, thinks proper.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

(5) A scheme approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(6) If a dispute arises as to the claim of a person to, or the amount of, a pension, gratuity or other allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

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

35C.—(1) For the purpose of enabling the Board to perform its functions, the Minister may provide services (including services of staff) to the Board, on such terms and conditions (including payment for such services) as may be agreed, and the Board may avail itself of such services.

(2) The Board may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed, and the Minister may avail himself or herself of such services.]

35D.—(1) Where a person who is an employee of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or becomes a member of a local authority, he or she shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—

(a) in case he or she is nominated as a member of Seanad Éireann — in respect of the period commencing on his or her acceptance of the nomination and ending when he or she ceases to be a member of that House,

(b) in case he or she is nominated for election to either such House or to the European Parliament or is regarded as having been elected to the European Parliament — in respect of the period commencing on his or her nomination or appointment and ending when he or she ceases to be a member of that House or Parliament or fails to be elected or withdraws his or her candidature, as may be appropriate, or

(c) in case he or she becomes a member of a local authority — in respect of the period commencing on his or her becoming a member of the local authority and ending when he or she ceases to be a member of that authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament is, while he or she is so entitled or is such a member, disqualified from being an employee of the Board.

(3) A person who is for the time being a member of a local authority is, while holding office as such member, disqualified from becoming an employee of the Board.]

36.—The Minister may in each financial year, after consultation with the Board in relation to its proposed work programme and expenditure for that year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Board in the performance of its functions.

37.—(1) The Board shall keep, in such form as may be approved by the Minister with the consent of the Minister for Finance, proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of subsection (1) shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, directs and those accounts, when so audited, shall (together with the report of the Comptroller and Auditor General on the accounts) be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

38.—(1) As soon as practicable, but not later than six months, after the end of each financial year, the Board shall, in writing, report to the Minister on its proceedings in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The report shall identify the appellants involved and the number, subject matter and results of each appeal determined by the Board during the year to which it relates.

(3) The Board shall give to the Minister such information relating to the performance of its functions as the Minister may from time to time request.

39.—(1) The Board shall keep itself informed of the policies and objectives of any public authority whose functions have, or may have, a bearing on the matters with which the Board is concerned.

(2) In this section, “public authority” means a public authority within the meaning of section 3 (1) of the Environmental Protection Agency Act, 1992, An Bord Iascaigh Mhara within the meaning of the Sea Fisheries Act, 1952, Údarás na Gaeltachta within the meaning of the Údarás na Gaeltachta Act, 1979, the Marine Institute within the meaning of the Marine Institute Act, 1991, or F21[Inland Fisheries Ireland].

40.—(1) A person aggrieved by a decision of the Minister on an application for an aquaculture licence or by the revocation or amendment of an aquaculture licence may, before the expiration of a period of one month beginning on the date of publication in accordance with this Act of that decision, or the notification to the person of the revocation or amendment, appeal to the Board against the decision, revocation or amendment, by serving on the Board a notice of appeal.

(2) A notice of appeal shall be served—

(a) by sending it by registered post to the Board,

(b) by leaving it at the office of the Board, during normal office hours, with a person who is apparently an employee of the Board, or

(c) by such other means as may be prescribed.

(3) The Board shall not consider an appeal notice of which is received by it later than the expiration of the period referred to in subsection (1).

(4) Where an appeal is brought under this section and is not withdrawn, the Board shall, subject to subsection (5), determine the appeal by—

(a) confirming the decision or action of the Minister,

(b) determining the application for the licence as if the application had been made to the Board in the first instance, or

(c) in relation to the revocation or amendment of a licence, substituting its decision on the matter for that of the Minister.

(5) The Board shall not determine an appeal as provided in subsection (4)(a) except in circumstances referred to in section 48, 51 or 52.

(6) The determination under subsection (4)(b) or (c) of an appeal shall annul the decision or action of the Minister immediately the determination is made.

(7) Section 7, with the necessary modifications, shall apply to and in relation to the determination under subsection (4)(b) of an application or so far as it relates to an amendment of a licence as referred to in subsection (4)(c), as it applies to and in relation to the determination by the Minister of such an application or the amendment of such a licence, as the case may be.

F22[(8) (a)  A determination of an appeal under this section (including an appeal to which section 52 refers) and the notification of that determination shall state the main reasons and considerations on which the determination is based.

(b)  The Board shall, on request from any person, provide a summary of the main reasons and considerations on which the determination of an appeal before the commencement of the Fisheries (Amendment) Act, 2001, was based.]

F23[(9) Subject to subsection (10), the Board shall, as soon as practicable, publish on its website notices of appeal served on it under subsection (1).

(10) Subsection (9) shall not apply as regards notices of appeal received by the Board later than the expiration of the period referred to in subsection (1).]

41.—(1) For an appeal under section 40 to be valid, the notice of appeal shall—

(a) be in writing,

(b) state the name and address of the appellant,

(c) state the subject matter of the appeal,

(d) state the appellant's particular interest in the outcome of the appeal,

F24[(e) state in full the grounds of the appeal and the reasons, considerations and arguments on which they are based,

(f) where an environmental impact assessment is required under Regulation 3 of the Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012 (S.I. No. 468 of 2012), include evidence of compliance with paragraph (3A) of the said Regulation 3,

and

(g) be accompanied by such fee, if any, as may be payable in respect of such an appeal in accordance with regulations under section 63,]

and shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.

(2) The requirement of subsection (1)(e) shall apply whether or not the appellant requests, or proposes to request, in accordance with section 49, an oral hearing of the appeal.

(3) Without prejudice to section 46, an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds of appeal received by the Board shall not be considered by it.

(4) Without prejudice to section 47, the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the notice of appeal.

42.—The Board may, in its discretion, treat two or more appeals as, and the appellants as parties to, a single appeal and may at any time separate such appeals.

43.—(1) The Board shall, as soon as practicable after receiving a notice of appeal, send by post to the Minister a copy of the notice.

(2) The Minister shall, within 14 days after receiving a copy of the notice of appeal sent to him or her in accordance with subsection (1), submit to the Board—

(a) a copy of the aquaculture licence application concerned and of any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained from the applicant for the licence in accordance with a requirement of or under regulations under this Act,

(b) a copy of any report prepared for the Minister in relation to the application, revocation or amendment, and

(c) a copy of any document recording the decision of the Minister in respect of the application, revocation or amendment and of the notification of the decision given to the applicant.

44.—(1) The Board shall, as soon as practicable after receiving a notice of appeal, give a copy to each other party to the appeal.

(2) The Minister and each other party except the appellant may make submissions or observations in writing to the Board in relation to the appeal within a period of F25[30 days] beginning on the day on which a copy of the notice of appeal is sent to that party by the Board and any submissions or observations received by the Board after the expiration of that period shall not be considered by it.

(3) Where no submissions or observations have been received from a party within the period referred to in subsection (2), the Board may, without further notice to that party, determine the appeal.

(4) Without prejudice to section 46, a party shall not be entitled to elaborate in writing on any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Board.

45.—(1) A person who is not a party may make submissions or observations in writing to the Board in relation to an appeal.

F26[(2) (a) Without prejudice to subsection (3), submissions or observations referred to in subsection (1) may be made within a period set by the Board (being not less than 30 days from the date on which the Board published the notice of appeal under section 40(9)).

(b) The Board shall not consider any submissions or observations received after the period set by it under paragraph (a).]

(3) Subsection (2) shall not apply to submissions or observations made by a Member State of the European Communities (within the meaning of the European Communities Act, 1972) arising from consultation in accordance with Directive 85/337/EEC⁽²⁾ (or any provision amending or replacing that Directive) in relation to the effects on the environment of the aquaculture or proposed aquaculture to which the appeal relates.

(4) Without prejudice to section 46, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing on the submissions or observations or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Board.

46.—(1) Where the Board is of the opinion that, in the particular circumstances of an appeal, it is appropriate in the interests of justice to request a party or other person who has made submissions or observations to the Board in relation to the appeal to make submissions or observations in relation to any matter which has arisen in relation to the appeal, it may, in its discretion, notwithstanding section 41(3), 44(4), 45(4) or 50(4), serve on the party or person a notice—

(a) requesting the party or person, within a period specified in the notice F27[(being not less than 30 days beginning on the date of service of the notice)] to submit to the Board submissions or observations in relation to the matter, and

(b) stating that, if submissions or observations are not received before the expiration of the specified period, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 48, determine the appeal.

(2) A party or other person shall not be entitled to elaborate in writing on submissions or observations made in response to a request under subsection (1) or make further submissions or observations in writing in relation to the matter concerned, and any such elaboration, or further submissions or observations shall not be considered by the Board.

47.—(1) Where the Board is of the opinion that any document, particulars or other information is or are necessary for the purpose of enabling it to determine an appeal, it shall serve on a party or on any person who has made submissions or observations to the Board in relation to the appeal a notice—

(a) requiring the party or person, within a period specified in the notice (being not less than F28[30] days beginning on the date of service of the notice) to submit to the Board such documents, particulars or other information as are specified in the notice, and

(b) stating that, if the documents, particulars or other information is or are not received by the Board before the expiration of the specified period, the Board will, after the expiration of that period and without further notice to the party or person, pursuant to section 48, determine the appeal.

(2) A person who refuses or fails to comply with a requirement under subsection (1)(a) shall be guilty of an offence.

48.—Where a notice has been served under section 46 or 47, the Board, at any time after the expiration of the period specified in the notice, may, having considered all submissions or observations or documents, particulars or other information, as the case may be, submitted by the person on whom the notice has been served, without further notice to that person, determine the appeal.

49.—(1) Subject to subsections (2) and (3), the Board of its own motion or at the request of a party, shall have an absolute discretion to hold an oral hearing of an appeal under this Chapter.

(2) An oral hearing may be conducted on behalf of the Board by one or more members of the Board, or other persons, authorised by the Board for that purpose.

(3) A request by a party for an oral hearing of an appeal—

(a) shall be made in writing to the Board and shall be accompanied by such fee, if any, as may be payable in respect of such request in accordance with regulations under section 63;

(b) if not accompanied by that fee, if any, shall not be considered by the Board;

(c) subject to paragraph (d), shall be made within the period of

one month referred to in section 40(1); or

(d) in the case where the party is not the appellant, shall be made within the period referred to in section 44(2).

(4) The Board shall not consider a request for an oral hearing of an appeal received later than the time referred to in subsection (3)(c) or (d) for making a request.

(5) Where the Board is requested to hold an oral hearing of an appeal and decides to determine the appeal without an oral hearing, it shall serve notice of its decision on the person who requested the hearing, on each other party to the appeal and on each person who, in accordance with section 45, made submissions or observations to the Board in relation to the appeal.

50.—(1) The Board, in determining an appeal, may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in accordance with section 45, if the matters are matters to which, under section 61, it may have regard.

(2) The Board shall give notice in writing to each of the parties and to each of the persons who have made submissions or observations in relation to the appeal, of the matters it proposes to take into account under subsection (1) and shall indicate in the notice—

(a) in a case where it proposes to hold an oral hearing of the appeal or where an oral hearing of the appeal has been concluded and it considers it expedient to re-open the hearing, that submissions in relation to the matters may be made in writing to the person or persons conducting the hearing, or

(b) in a case where it does not propose to hold an oral hearing of the appeal or where an oral hearing of the appeal has been concluded and it does not consider it expedient to re-open the hearing, that submissions or observations in relation to the matters may be made in writing to the Board,

within a period specified in the notice, being not less than 14 or more than 28 days beginning on the date of service of the notice.

(3) Submissions or observations received by the Board after the expiration of the period specified in the notice referred to in subsection (2) shall not be considered by the Board.

(4) Without prejudice to section 46, where a party or a person referred to in subsection (1) makes submissions or observations to the Board in accordance with subsection (2), he or she shall not be entitled to elaborate in writing on those submissions or observations, or make further submissions or observations in writing in relation to the matters referred to in subsection (1), and any such elaboration or further submissions or observations shall not be considered by the Board.

51.—(1) The Board shall have an absolute discretion to dismiss an appeal where, having considered the grounds of appeal, it is of the opinion that the appeal is vexatious, frivolous or without substance or foundation.

(2) The Board, in exercising its power under subsection (1), may have regard to the matters to which, under section 61, it is required to have regard in determining an appeal.

52.—(1) Where—

(a) an appeal is brought against a decision to grant or amend an aquaculture licence,

(b) the appeal relates only to a condition or conditions to which the decision provides the aquaculture licence shall be subject, and

(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if the application had been made to the Board in the first instance would not be warranted,

then, subject to compliance by the Board with subsection (2), it may, in its absolute discretion, deal with the appeal by reference only to the condition or conditions to which the appeal relates, and such other conditions, if any, as the Board considers relevant.

(2) In exercising its power under subsection (1), apart from considering the condition or conditions to which the relevant appeal relates and other conditions, if any, which, in accordance with that subsection it considers relevant, the Board shall be restricted to considering the matters which under section 61 it would be restricted to considering were it determining the relevant application as if it had been made to it in the first instance.

53.—An appellant may, by notice in writing to the Board at any time before the appeal is determined by the Board, withdraw the appeal.

54.—(1) Where the Board is of the opinion that an appeal, or an application for an aquaculture licence to which the appeal relates, has been abandoned, it may serve on the person who made the appeal or application, as may be appropriate, a notice stating that it is of that opinion and requiring the person, within the period specified in the notice (being not less than 14 or more than 28 days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal or application should not be regarded as having been withdrawn.

(2) Where a notice has been served under subsection (1), the Board may, at any time after the expiration of the period specified in the notice, and after considering any submissions made to the Board pursuant to the notice, declare—

(a) in a case where the notice refers to an application for an aquaculture licence, that the application shall be regarded as having been withdrawn, and

(b) in a case where the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn.

(3) Where under subsection (2)(a) the Board declares that an application for an aquaculture licence is to be regarded as having been withdrawn—

(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

(b) notwithstanding any previous decision relating to the application, no aquaculture licence shall be granted as a result of the application.

55.—Where a provision of or under this Act requires or allows appeals, submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within a specified period and the last day of that period is a day on which the offices of the Board are closed, the appeal, submissions, observations or request, or documents, particulars or other information, shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.

56.—(1) The Board shall, as far as practicable, ensure that appeals are dealt with and determined expeditiously and that all steps are taken to avoid unnecessary delays.

(2) Without limiting the generality of subsection (1) but subject to subsections (3) and (4), the Board should endeavour to ensure that every appeal is determined within—

(a) a period of four months beginning on the date of the receipt by the Board of the notice of appeal, or

(b) such other period as the Minister may prescribe, either generally or in respect of a particular class or particular classes of appeals.

(3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal, to determine an appeal within the period required by subsection (2), it shall, by notice in writing served on the parties to the appeal and all persons who made submissions or observations to the Board in accordance with section 45 before the expiration of that period, inform those parties and persons of the reasons why the appeal would not be determined within that period and shall specify the date before which, or the period within which, the Board intends that the appeal shall be determined.

(4) Where a notice has been served under subsection (3), the Board shall endeavour to ensure that the appeal is determined before the date, or within the period, specified in the notice.

(5) The Minister may make regulations—

(a) providing that subsection (2) shall not have effect for such period as is specified in the regulations, or

(b) varying a period mentioned in that subsection either generally or in respect of a particular class or particular classes of appeals,

where it appears to the Minister to be necessary, because of exceptional circumstances, to do so and, for so long as such regulations are in force, this section shall be construed and have effect accordingly.

(6) The Board shall, at such intervals as it thinks fit or the Minister may direct, conduct reviews of its organisation and of the systems and procedures used by it in relation to appeals.

(7) Where the Minister gives a direction under subsection (6), the Board shall report to the Minister the results of the review and shall comply with any direction which the Minister may, after consultation with the Board on those results, give in relation to all or any of the matters which were the subject of the review.

(8) The Board may, on its own initiative or at the request of the Minister, make submissions or recommendations to the Minister on any matter relating to its functions or to licensing (including trial licensing) policy.

(9) The Minister may consult with the Board on any matter relating to the performance of—

(a) the functions of the Board, or

(b) the functions in relation to aquaculture assigned to the Minister by or under the Fisheries Acts, 1959 to 1995 as amended by this Act, or by any order, regulation or other instrument under those Acts or this Act.

57.—(1) In conducting an oral hearing of an appeal, the Board may require any officer of the Minister or an officer of the Marine Institute to give to the Board such information in relation to the appeal as the Board may reasonably require, and the officer shall comply with the requirement.

(2)F29[…]

(3)F29[…]

(4) The Board, in conducting an oral hearing of an appeal, may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at an oral hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5) Subject to subsection (6), the Board in conducting an oral hearing of an appeal may, by notice in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his or her possession, custody or control which relate to the matter.

(6) The following provisions shall have effect for the purposes of subsection (5):

(a) it shall not be necessary for a person to attend in compliance with a notice at a place more than 10 miles from his or her ordinary place of residence unless an amount of money sufficient to cover the reasonable and necessary expenses of the attendance has been paid or tendered to the person;

(b) the Board shall pay or tender to any person whose attendance is required such amount of money as it considers will cover the reasonable and necessary expenses of the attendance;

(c) the Board shall pay to any person who in compliance with a notice has attended at any place all reasonable and necessary expenses of the attendance which have not already been paid to the person and in default of such payment by the Board the expenses shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(d) every person to whom a notice has been given who—

(i) refuses or wilfully neglects to attend in accordance with the notice,

(ii) wilfully alters, suppresses, conceals or destroys any document to which the notice relates, or

(iii) having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F30[€600].

(7) In this section “the Board” includes F31[a consultant or adviser engaged under section 35(1) or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C] by the Board to conduct an oral hearing on its behalf.

57A.—(1) The Board or a consultant or adviser engaged under section 35(1) or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C to carry out an inspection on its behalf as referred to in section 59 may visit and inspect any land, foreshore or area or water to which an appeal under this Chapter relates, whether or not the appeal is the subject of an oral hearing.

(2) A person who obstructs the Board or a consultant or adviser engaged by the Board in the performance of the Board’s or that consultant’s or adviser’s or employee’s or person’s functions under subsection (1) shall be guilty of an offence.]

58.—Where a question of law arises on any appeal to the Board, the question may be referred by the Board to the High Court for decision.

59.—Where in connection with the performance by the Board of its functions an inspection is carried out, or an oral hearing is conducted, on behalf of the Board F33[by a consultant or adviser engaged under section 35(1) for the purpose of the inspection or oral hearing or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C, the consultant, adviser, employee or person] shall make to the Board a written report on the inspection or hearing, and shall include in the report a recommendation relating to the appeal with which the inspection or hearing was concerned, and the Board shall, before determining the appeal, consider the report and any recommendation contained in the report.

60.—(1) The Minister may make regulations providing for such additional, incidental, consequential or supplemental procedural matters in respect of appeals as appear to the Minister to be necessary or expedient.

(2) Without limiting the generality of subsection (1), regulations under this section may in particular make provision for—

(a) the procedures of the Board in relation to appeals and the notification of the results of an appeal,

(b) the persons who may be heard at an oral hearing of an appeal,

(c) matters related to the implementation of Directive 85/337/EEC⁽³⁾ on Environmental Impact Assessment, or any provision amending or replacing that Directive, and

(d) the availability for inspection of documents or extracts from documents relating to appeals, the period of such availability, and the purchase of copies of or extracts from such documents.