3.—(1) The licensing authority in relation to sea-fishing boats shall be—

(a) the Registrar General of Fishing Boats, or

(b) acting under the superintendence of the Registrar General of Fishing Boats, the Deputy Registrar General of Fishing Boats.

(2) The licensing authority shall be independent in the exercise of his or her functions under this Part subject to—

(a) the law for the time being in force in relation to sea-fishing boat licensing, including, in particular, the legal obligations of the State arising under any law of an institution of the European Communities or other international agreement which is binding on the State, and

(b) such policy directives in relation to sea-fishing boat licensing as the Minister may give in writing from time to time.

F2[(3) A policy directive given under subsection 2(b) may provide for measures to control and regulate the capacity, structure, equipment, use and operation of sea-fishing boats for the purpose of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species or the rational management of fisheries, in furtherance of national policy objectives and to comply with requirements of the common fisheries policy of the European Communities or other international obligations which are binding on the State.]

(4) Where the Minister gives a policy directive under subsection (2)(b), a notice of such directive and details of it (including reasons for giving the directive) shall, as soon as practicable after the directive is given, be laid before each House of the Oireachtas and published in Iris Oifigiúil.

(5) Subsection (2)(b) shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case or group of cases with which the licensing authority is or may be concerned.

(6) (a) The licensing authority shall—

(i) maintain a register of licences (which shall be known as the Register of Sea-fishing Boat Licences) in electronic form capable of being read in legible form and satisfying the requirements from time to time of any law of an institution of the European Communities, and

(ii) give to the Minister such information relating to the performance of the functions of the licensing authority as the Minister may from time to time request.

(b) The licensing authority may, on his or her own initiative, or at the request of the Minister, make submissions or recommendations to the Minister on any matter relating to the functions of the licensing authority or to licensing under F2[section 4].

(7) The licensing authority shall, as soon as practicable but not later than 6 months after the end of each financial year, report to the Minister on the performance of the functions of the licensing authority in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(8) The licensing authority shall cause to be published by electronic means capable of being read in legible form details of—

(a) all applications for licences received after 1 January 2003,

(b) all decisions made after 1 January 2003 on any such application or to amend or revoke a licence.

(9) (a) Anything commenced before the passing of this Act by or under the authority of the Minister under F2[section 4(3)] may be carried on or completed on or after such passing by the licensing authority.

(b) Every licence granted by or under the authority of the Minister which is in force immediately before the passing of this Act shall be deemed to have been granted by the licensing authority under F2[section 4(3)] and references to the Minister in any such licence shall after the passing of this Act be construed as a reference to the licensing authority.

F3[(9A) The licensing authority is not liable in any proceedings for anything done in good faith in the purported exercise of his or her powers in relation to granting or renewing sea-fishing boat licences or maintaining the Register of Fishing Boats.]

(10) In this section, “the Registrar General of Fishing Boats” and “the Deputy Registrar General of Fishing Boats” mean, respectively, the Registrar General of Fishing Boats and the Deputy Registrar General of Fishing Boats appointed under F2[section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006].