Fisheries (Amendment) Act 1997



3.(1) In this Act, unless the context otherwise requires—

the Act of 1980” means the Fisheries Act, 1980;

application regulations” means regulations made under section 10 (2);

aquaculture” means the culture or farming of any species of fish, aquatic invertebrate animal of whatever habitat or aquatic plant, or any aquatic form of food suitable for the nutrition of fish;

aquaculture licence” means a licence granted under section 14 to engage in aquaculture or operations in relation to aquaculture, not being a trial licence;

the Board” means the Aquaculture Licences Appeals Board established by section 22 and, in relation to an oral hearing of an appeal in pursuance of section 49, includes a person authorised by the Board to conduct the hearing;

Chairperson” means the Chairperson of the Board and includes the Deputy Chairperson and a member appointed under section 28(3) (c) to preside at a meeting, while so presiding;

land” includes land covered by water and the water covering that land;

licence” means an aquaculture licence or a trial licence;

licensee” means a person to whom a licence is granted, or that person's heirs, executors, administrators or assigns to whom the benefit of the licence has devolved;

licensing authority” means—

(a) the Minister,

(b) an officer to whom functions have been delegated under section 21(1) by the Minister, or

(c) the Board;

F3[local authority means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

the Principal Act” means the Fisheries (Consolidation) Act, 1959, as amended;

trial licence” means a licence granted under section 14 to carry out any operation, activity, trials or experiments referred to in section 9 (1).

(2) In Part II

(a) oyster bed licence” means an oyster bed licence within the meaning of Part XIV of the Principal Act; and

(b) oyster fishery order” means an oyster fishery order within the meaning of Part XIV of the Principal Act as in force immediately before the commencement of section 5, and includes an oyster fishery order applying to mussels, mussel beds and mussel fisheries by virtue of section 282 of the Principal Act as then in force.

(3) In sections 9, 13(1), (2) and (3), 14 and 40, a reference to the Minister shall, where functions have been delegated to an officer of the Minister under section 21(1), be construed as including a reference to that officer.

(4) In this Act, including a Schedule to this Act—

(a) a reference to any other enactment shall, except to the extent that the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act;

(b) a reference to a section, Chapter or Part is a reference to a section, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(d) a reference to a Schedule is a reference to a Schedule to this Act.

(5) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.




Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.

Editorial Notes:


Previous affecting provision: definition of “local authority” inserted (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001), s. 2, commenced on enactment; substituted as per F-note above.


By virtue of Foreshore Act 1933 (12/1933), s. 3C, as inserted (29.06.2005) by Maritime Safety Act 2005 (11/2005), s. 60(c), commenced on enactment, a licence area covered by a foreshore licence, which is deemed to be an aquaculture licence under this section, is to be construed by reference to the definition of “foreshore” in Foreshore Act 1933, s. 1.