Fisheries (Amendment) Act 2003

Licence application, licence and other fees.

5.—(1) An application for—

(a) a sea-fishing boat licence,

(b) a licence, authorisation or permit under any instrument made by the Minister under section 222C (inserted by section 3 of the Act of 1983) or 223A (inserted by section 9 of the Act of 1978 and amended by section 4 of the Act of 1983) of the Principal Act or section 25 , or

(c) amendment of any such licence, authorisation or permit,

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

(2) The grant of—

(a) a sea-fishing boat licence or a licence under section 16 by an Appeals Officer, or

(b) a licence, authorisation or permit under any instrument made by the Minister under section 222C or 223A of the Principal Act or section 25 ,

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

(3) Regulations under this section may provide for fees of different amounts in respect of applications referred to in subsection (1) or the grant of a licence, authorisation or permit 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 the grant of a sea-fishing boat licence or other licence, authorisation or permit referred to in subsection (2)(b), the application shall not be considered or the licence, authorisation or permit granted by the licensing authority or the Minister, 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.