No. 23/1997:

FISHERIES (AMENDMENT) ACT, 1997

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY AND GENERAL

Section

1. Short title, collective citation, construction and commencement.

2. Non-application to Moville Area of the Foyle Fisheries area.

3. Interpretation.

4. Repeal of sections 54 and 54A of Act of 1980 and revocation of orders and savings.

5. Repeal and amendment of provisions of Principal Act.

PART II

REGULATION OF AQUACULTURE AND RELATED MATTERS

6. Regulation of aquaculture.

7. Aquaculture licences.

8. Limitation on licensing to engage in aquaculture.

9. Trial licences.

10. Applications for licences.

11. Person not to engage in aquaculture in anticipation of grant of licence.

12. Determination of applications for licences.

13. Period for determination of applications for licences.

14. Granting of licences.

15. Duration of aquaculture licences.

16. Effect of licence.

17. Application of sections 263 and 264 of Principal Act.

18. Licence may be amended to give effect to later agreements.

19. Renewal of licence.

20. Offence of interfering with licensee's rights under licence.

21. Delegation of certain functions by Minister.

PART III

APPEALS AND RELATED MATTERS

CHAPTER I

Aquaculture Licences Appeals Board

22. Aquaculture Licences Appeals Board.

23. Membership of Board.

24. Tenure of office of Chairperson and members of Board.

25. Remuneration, etc., of Chairperson and members of Board.

26. Chairperson to ensure efficient performance of functions of Board.

27. Deputy Chairperson.

28. Meetings and procedure of Board.

29. Board's quorum, vacancies, etc.

30. Disclosure of confidential information.

31. Prohibition of certain communications in relation to appeals.

32. Secretary of Board.

33. Declaration of interests.

34. Disclosure of interests.

35. Consultants and advisers.

36. Grants to Board.

37. Accounts and audits.

38. Annual report, etc.

39. Board to keep itself informed of certain policies and objectives.

CHAPTER II

Appeals to Board

40. Appeals against decisions of Minister on aquaculture licence applications, etc.

41. Provisions as to making of appeals.

42. Joinder of actions.

43. Submission of documents, etc., to Board by Minister.

44. Submissions or observations by other parties to appeal.

45. Submissions or observations by persons other than parties to appeal.

46. Power of Board to request submissions or observations.

47. Power of Board to require submission of documents, etc.

48. Powers of Board where notice served under section 46 or 47.

49. Oral hearings.

50. Matters other than those raised by parties or other persons may be taken into account in determining appeals.

51. Board may dismiss appeals if vexatious, etc.

52. Appeals against conditions.

53. Withdrawal of appeals.

54. Power of Board to declare appeals and applications withdrawn.

55. Time for appeals, etc., extended where offices of Board closed.

56. Duty and objective of Board.

57. Certain powers in relation to oral hearings of appeals.

58. Reference of certain questions of law to High Court.

59. Reports of inspections, etc.

60. Appeal regulations.

PART IV

MISCELLANEOUS

61. Matters to which licensing authority shall have regard in determining aquaculture licence applications and appeals.

62. General policy directives,

63. Fees in relation to applications and appeals.

64. Fees for licences.

65. Offences and general penalty for contravention or failure to comply with provision of Act.

66. Costs of prosecutions.

67. Removal of unlawful aquaculture structures and equipment under Foreshore Act.

68. Revocation or amendment of aquaculture licences.

69. Cesser of aquaculture licences in certain circumstances.

70. Review of aquaculture licences.

71. Aquaculture regulations.

72. False or misleading statements in relation to licence applications or appeals.

73. Applications for judicial review of decisions on licence applications or appeals.

74. Provisions in respect of certain licence applications.

75. Provisions in respect of certain existing licences.

76. Ownership of stock.

77. Recapture of escaped stock.

78. Register of licences.

79. Restriction of application of Part X of Principal Act.

80. Amendment of Environmental Protection Agency Act, 1992.

81. Appointment of staff of Marine Institute as authorised officers and powers in relation to aquaculture.

82. Application of Foreshore Acts, 1933 and 1992 to aquaculture.

SCHEDULE

AQUACULTURE LICENCES APPEALS BOARD

ACTS REFERRED TO

Number 23 of 1997

FISHERIES (AMENDMENT) ACT, 1997

AN ACT TO AMEND AND EXTEND THE LAWS RELATING TO FISHERIES, TO PROHIBIT PERSONS FROM ENGAGING IN AQUACULTURE EXCEPT WITH AND IN ACCORDANCE WITH A LICENCE, TO ESTABLISH A PROCEDURE FOR THE GRANTING, RENEWAL, AMENDMENT AND REVOCATION OF LICENCES, TO ALLOW FOR APPEALS AGAINST DECISIONS RELATING TO LICENCES, AND FOR CONNECTED PURPOSES.

[14th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: