Aquaculture (Licence Application) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 236/1998

S.I. No. 236 of 1998.
AQUACULTURE (LICENCE APPLICATION) REGULATIONS, 1998
Arrangement of Regulations
Regulation
1. Citation.
2. Commencement.
3. Interpretation.
4. Making an application.
5. Environmental impact statement required for certain applications.
6. Procedure on receipt of application.
7. Further information.
8. Applicant to give public notice of application and to make environmental impact statement available.
9. Right to make submissions, etc., concerning the application.
10. Notice to certain bodies of receipt of application and their right to make submissions, etc.
11. Notice to certain bodies of environmental impact statement and their right to make submissions, etc.
12. Consideration of submissions and furnishing of information concerning environmental impact statements.
13. Notice to Member States of the European Community.
14. Applicant's comments on submissions and observations.
15. Power to request further submissions, etc., and to declare submissions withdrawn.
16. Revised plans, etc.
17. Withdrawal of application.
18. Advising the applicant of Minister's decision.
19. Publication of Minister's decision.
20. Additional notice in certain cases.
21. Revocation or amendment of aquaculture licences.
22. Failure to comply with these Regulations.
FIRST SCHEDULE
Information to be contained in an Environmental Impact Statement
SECOND SCHEDULE
Public Notice
Publication of an Environmental Impact Statement in connection with an application for an Aquaculture Licence under the Fisheries (Amendment) Act, 1997 (No. 23)
Application for a Foreshore Licence under the Foreshore Act, 1933 (No. 12)
THIRD SCHEDULE
Public Notice
Application for an Aquaculture Licence under the Fisheries (Amendment) Act, 1997 (No. 23)
Application for a Foreshore Licence under the Foreshore Act, 1933 (No. 12)
FOURTH SCHEDULE
Public Notice
Publication of further information received in respect of an Environmental Impact Statement published in connection with an application for an Aquaculture Licence under the Fisheries (Amendment) Act, 1997 (No. 23)
S.I. No. 236 of 1998.
AQUACULTURE (LICENCE APPLICATION) REGULATIONS, 1998
I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by sections 10 , 19 , 68 and 70 of the Fisheries (Amendment) Act, 1997 (No. 23 of 1997) (as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby make the following regulations:
	1 Citation	1. These Regulations may be cited as the Aquaculture (Licence Application) Regulations, 1998.
	2 Commencement	2. These Regulations shall come into operation on the 30th day of June, 1998.
	3 Interpretation	3. (1) In these Regulations, except where the context otherwise requires —
"the Act" means the Fisheries (Amendment) Act, 1997 (No. 23 of 1997);
"appeal" means an appeal to the Board under the Act;
"application" means an application to the Minister for an aquaculture licence or a trial licence or for a review or renewal of an aquaculture licence;
"environmental impact statement" means a statement of the likely effects on the environment of proposed aquaculture;
"the Minister" means the Minister for the Marine and Natural Resources and, in relation to functions which have been delegated under section 21 (1) of the Act to an officer of that Minister, includes that officer;
"the Planning Acts" means the Local Government (Planning and Development) Acts, 1963 to 1993;
"renewal" means a renewal of an aquaculture licence in accordance with section 19 of the Act;
"review" means a review of an aquaculture licence in accordance with section 70 of the Act.
(2) In these Regulations—
(a) a reference to a regulation or Schedule is to a regulation of, or a Schedule to, these Regulations unless it is indicated that a reference to some other instrument is intended,
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and
(c) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.
	4 Making an application	4. (1) A person who wishes to apply for an aquaculture licence or a trial licence or for a review or renewal of an aquaculture licence shall make application to the Minister in accordance with these Regulations.
(2) Application shall be made on an application form approved by the Minister.
(3) An application shall be accompanied, as appropriate, by—
(a) an Ordnance Survey map of the location of the proposed aquaculture, indicating the relevant Ordnance Sheet No. and drawn to a scale of 1:10,560,
(b) a British Admiralty Chart, drawn to the largest scale available, of the location of the proposed aquaculture,
(c) in the case of aquaculture requiring permission or approval under the Planning Acts, a copy of the decision of the relevant planning authority,
(d) in the case of aquaculture requiring a licence under section 4 of the Local Government (Water Pollution) Act, 1977 (No. 1), a copy of that licence,
(e) an environmental impact statement, if one is required under Regulation 5,
(f) a drawing of the structures to be used in the operation of the aquaculture or a drawing of the layout of the farm, or both, as specified on the application form, and
(g) the appropriate fee prescribed by the Minister.
(4) The Minister may, by written notice, require an applicant to provide not more than two additional copies of any plan, chart, drawing or map which accompanied the application.
	5 Environmental impact statement required for certain applications	5. (1) An application under section 10 of the Act for an aquaculture licence in respect of seawater salmonid breeding installations shall be accompanied by an environmental impact statement.
(2) In the case of an application other than one referred to in paragraph (1), the Minister may require the applicant to submit an environmental impact statement if the Minister considers that the proposed aquaculture is likely to have significant effects on the environment.
(3) An environmental impact statement shall contain—
(a) the information specified in paragraph (1) of the First Schedule,
(b) the information specified in paragraph (2) of the First Schedule, to the extent—
(i) that such information is relevant to the specific characteristics of the particular aquaculture or type of aquaculture and of the environmental features likely to be affected, and
(ii) that, having regard to current knowledge and methods of assessment and to other relevant factors, the applicant may reasonably be expected to compile such information.
	6 Procedure on receipt of application	6. (1) On receiving an application, the Minister shall—
(a) cause the application and the accompanying documents to be stamped with the date of their receipt, and
(b) examine the application to determine whether it complies with the requirements of Regulation 4.
(2) Where an application complies with the requirements of Regulation 4, the Minister shall send to the applicant a written acknowledgement stating the date of receipt of the application.
(3) Where an application fails to comply with the requirements of Regulation 4, the Minister, having regard to the extent of the failure, may, by written notice—
(a) require the applicant to furnish such further particulars, plans, charts, drawings, maps or environmental impact statement as may be necessary to comply with those requirements, or
(b) inform the applicant that the application is invalid and will not be considered by the Minister.
(4) Where the applicant is informed that the application is invalid, all particulars, plans, charts, drawings or maps submitted by the applicant shall be returned to the applicant.
	7 Further information	7. Notwithstanding that an application complies with the requirements of Regulation 4, the Minister may, by written notice, require that, within a period specified in the notice, the applicant—
(a) furnish any further information (including any plans, charts, maps or drawings, or any information as to any estate or interest in or right over land or waters) which may be reasonably required to enable the application to be considered, or
(b) produce any evidence which may be reasonably required to verify any particulars or information given by the applicant in relation to the application.
	8 Applicant to give public notice of application and to make environmental impact statement available	8. (1) On the Minister's instruction and in any case not later than 2 weeks after the issue of that instruction, the applicant shall publish, in a newspaper circulating in the vicinity of the location of the proposed aquaculture, a notice of application which complies with—
(a) the Second Schedule, if an environmental impact statement is required under Regulation 5 in relation to the application, or
(b) the Third Schedule, if no environmental impact statement is required under Regulation 5 in relation to the application.
(2) Within one week after the date of publication of the notice of application, the applicant shall send to the Minister a complete copy of the newspaper in which that notice was published.
(3) Where an environmental impact statement has been submitted under Regulation 5, the applicant shall make copies of the statement, available—
(a) for inspection by interested persons at the address specified in the notice of application, or
(b) for purchase by them from the applicant for a fee not exceeding the reasonable costs of making a copy.
	9 Right to make submissions, etc., concerning the application	9. (1) Within 4...