Sea-Fisheries and Maritime Jurisdiction Act 2006

101

Miscellaneous amendments to Fisheries (Amendment) Act 1997— aquaculture.

101.— The Fisheries (Amendment) Act 1997 is amended—

( a) in section 6(2), by substituting—

(i) “€300” for “£200”, and

(ii) “€2,000” for “£1,000”,

( b) in section 10, by substituting for subsection (4) (inserted by Regulation 17 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999)) the following:

“(4) Where the submission to the Minister of an environmental impact statement is required under regulations made under subsection (3)( d) in respect of an application for a licence, the Minister, if requested by the applicant, shall, after consultation with such persons as the Minister considers appropriate, give a written opinion to the applicant of the information to be contained in the statement, before the applicant submits the statement.”,

( c) by inserting after section 19 the following:

“Renewal of licence after its expiration.

19A.— (1) The power of the licensing authority to renew or to further renew an aquaculture licence under section 19 is exercisable notwithstanding the expiration of the period for which the licence was granted or renewed.

(2) Where, prior to the passing of the Sea-Fisheries and Maritime Jurisdiction Act 2006, an aquaculture licence has been renewed or further renewed after the expiration of the period for which the licence was granted or renewed, such renewal shall be and be deemed always to have been as valid and effectual as if the licence had been renewed or further renewed on the expiration of the period in question.

(3) If, because of the validation expressed to be effected by subsection (2), that subsection would, but for this subsection, conflict with a constitutional right of any person, the validation shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.

(4) A licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.”,

( d) in section 34, by substituting for subsection (6) the following:

“(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.”,

( e) in section 57(6), by substituting “€600” for “£500”,

( f) in section 65—

(i) by substituting for subsection (2) the following:

“(2) A person guilty of an offence under subsection (1), section 6(1), 20 or 67(2) is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.

(2A) A person guilty of an offence (other than an offence under a provision mentioned in subsection (2) or under section 6(2) or 57(6)) is liable on summary conviction to a fine not exceeding €2,000.”,

and

(ii) by inserting after subsection (3) the following:

“(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (1) or section 6(1) may be instituted within 12 months from the date on which the offence was committed.”,

( g) by inserting after section 65 the following:

“Offence by body corporate, etc.

65A.— Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of such body) such other person as well as the body, or the person so purporting to act on behalf of the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Prosecutor may appeal dismissal of proceedings in District Court.

65B.— (1) Where any proceedings tried summarily in the District Court for an offence under this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the judge of the Circuit Court within whose Circuit the courthouse in which the order was made is situated.

(2) The judge of the Circuit Court on an appeal under subsection (1) may vary, confirm or reverse the order and his or her decision is final and conclusive and not appealable.”,

( h) by inserting after section 67 the following:

“Reduction in licensed area, etc.

67A.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, reduce the area or permitted aquaculture or both to which the licensee’s licence relates, absolutely or for such period as the Minister specifies in writing and the licence shall have effect and be noted accordingly in the register of licences maintained under section 78.

Permission of use of novel or experimental equipment by licensee.

67B.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, permit the licensee to use novel or experimental equipment within the licensed area for such period as the Minister specifies in writing. Such permission shall be granted only if the Minister is satisfied that the use of the novel or experimental equipment will have no greater environmental or visual impact than that which existed prior to the introduction and use of such equipment and shall be noted in the register of licences maintained under section 78.”,

( i) in section 68(1) and (2), by deleting “and section 69(2)”, and

( j) by substituting for section 69 the following:

“Cesser of aquaculture licences in certain circumstances.

69.— (1) ( a) Subject to paragraph ( b), where aquaculture in respect of which a licence has been granted has not commenced within 2 years after the date on which the licence was granted, the licence ceases to have effect.

( b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has not been commenced or cannot commence within the period specified in paragraph ( a), may apply to the Minister, giving those reasons, for a determination that the licence concerned shall not cease to have effect.

( c) The Minister may, at his or her discretion, having considered the reasons given by the licensee under paragraph ( b), determine whether or not the licence shall cease to have effect. The determination of the Minister is final.

(2) ( a) Subject to paragraph ( b), where aquaculture in respect of which a licence has been granted has ceased for a continuous period of 2 years, the Minister shall, without compensation to the licensee, revoke the licence.

( b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has ceased or is likely to cease for the period referred to in paragraph ( a), may apply to the Minister, giving those reasons, for a determination not to revoke the licence.

( c) The Minister may, in his or her discretion, having considered the reasons given by the licensee under paragraph ( b), determine whether or not to revoke the licence. The determination of the Minister is final.

( d) This subsection is deemed to have come into operation on 30 June 1998.”.