Fisheries (Amendment) Act 2003

PART 5

Foreshore Application and Other Fees

Foreshore application and other fees.

32.—(1) An application for—

(a) a lease under section 2 of the Act of 1933,

(b) a licence under section 3 of that Act,

(c) approval under section 10 of that Act,

(d) a consent under section 13 of that Act, or

(e) an amendment of any such lease, licence, approval or consent,

shall be subject to such fee as the Minister may, with the consent of the Minister for Finance, prescribe.

(2) Every—

(a) approval under section 10 of the Act of 1933, or

(b) consent under section 13 of that Act,

shall be subject to such fee as the Minister may, with the consent of the Minister for Finance, prescribe.

(3) Regulations under this section may provide for fees of different amounts in respect of applications referred to in subsection (1) or approvals or consents referred to in subsection (2) of different categories and in different circumstances.

(4) Where under regulations made under this section a fee is payable in respect of any application referred to in subsection (1) or approval or consent referred to in subsection (2), the application shall not be considered or the approval or consent granted, as the case may be, unless the Department of Communications, Marine and Natural Resources is in receipt of the fee.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) Every fee received by the Department of Communications, Marine and Natural Resources under this section shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(7) In this section—

“Act of 1933” means the Foreshore Act 1933 ;

“prescribe” means prescribe by regulations.