Courtney v Minister for the Marine

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1989
• Date: 01 January 1989

(H.C.)

Courtney

and

Minister for the Marine

- Ministerial order - Objections - Inquiry - Appeal to High Court - Whether order be set aside - Fisheries Act, 1980 (No. 1), s. 54 (7) - Aquaculture (Smerwick Harbour) Order, 1987 (S.I. No. 345).

1. S. 54 of the Fisheries Act, 1980, provides for the making of a ministerial order whereby a specified area is designated as one in which it shall be lawful to engage in aquaculture pursuant to licence. The section also permits interested parties to object to the making of such order, and makes provision for the holding of an enquiry to hear such objections. The respondent having given notice of his intention to designate an area in Smerwick Harbour in accordance with the section, objection was made by a group of local residents, on the grounds, inter alia, that the proposed activities would create a serious risk of pollution to the surrounding waters and would pose a hazard to shipping. An enquiry was held and the designation order was made. Following the making of the order, a scientific investigation carried out on behalf of the appellants yielded evidence that the proposed...