Fisheries (Amendment) Act 1997

Review of aquaculture licences.

70

70.—(1) The Minister may, on the application of the licensee made at any time after the expiration of a period of three years commencing on the granting of the licence or its last renewal under section 19, review an aquaculture licence.

(2) On completion of a review under subsection (1), the Minister may decide to—

(a) alter any or all of the terms of the licence,

(b) amend or delete any condition to which the licence is subject,

(c) attach conditions or additional conditions to the licence, or

(d) do none or all or any of those things.

(3) Part III shall apply to the decision of the Minister on an application for a review of an aquaculture licence in the same manner as it applies to a decision of the Minister on an application for an aquaculture licence.

(4) The application regulations may provide for such procedural matters in relation to applications for reviews of aquaculture licences and decisions on such applications, including the application of environmental impact assessment requirements, as the Minister considers necessary or expedient.

Annotations

Modifications (not altering text):

C8

Application of section restricted (6.11.2008) by European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 (S.I. No. 466 of 2008), reg. 3(2).

Application of these Regulations to an aquaculture licence

3. (1) A licensing authority shall not grant an aquaculture licence if, in the opinion of the authority-

(a) the applicant is unable to comply with limits on the quantity and concentration of a dangerous substance that may be discharged,

(b) the applicant is unable to comply with required emission standards,

(c) it is necessary in order to secure compliance with environmental quality objectives or standards,

(d) it is necessary for the protection of human health, plant health, animal health or welfare, or the environment, or

(e) it is necessary, ancillary or supplementary for an act of the institutions of the European Communities (including an act cited in the preamble to these Regulations) to have full effect.

(2) Notwithstanding section 70(1) of the Fisheries (Amendment) Act 1997, the Minister shall carry out a review of an aquaculture licence, granted before the making of these Regulations in accordance with that section, for the purpose of assessing compliance with these Regulations—

(a) as soon as may be after the commencement of these Regulations and shall ensure that such a review is completed, in so far as is reasonably practicable, before 1 January 2009, and

(b) at such intervals as the Minister may determine having regard to the objectives of the Directive.

Editorial Notes:

E41

Power pursuant to section exercised (4.07.2018) by Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018).

E42

Power pursuant to section exercised (25.08.2016) by Aquaculture (Licence Application) (Amendment) Regulations 2016 (S.I. No. 464 of 2016).

E43

Power pursuant to section exercised (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. No. 301 of 2012).

E44

Power pursuant to section exercised (30.06.1998) by Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998), in effect as per reg. 2.

E45

Previous affecting provision: power pursuant to section exercised (7.04.2001) by Aquaculture (Licence Application) (Amendment) Regulations 2001 (S.I. No. 145 of 2001), in effect as per Reg. 2; revoked (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. No. 301 of 2012), reg. 3(a).