Fisheries (Amendment) Act, 1997 (Commencement) Order, 1998

JurisdictionIreland
Year1998
CitationIR SI 46/1998

S.I. No. 46 of 1998.

FISHERIES (AMENDMENT) ACT, 1997 (COMMENCEMENT) ORDER, 1998

I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 1 (3) 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 order as follows:

1. This Order may be cited as the Fisheries (Amendment) Act, 1997 (Commencement) Order, 1998.

2. The 26th day of February, 1998, is hereby fixed as the day on which sections 2, 3, 4(1) (in so far as it repeals section 54A of the Act of 1980), 5(2), 10, 23, 63, 64, 65(2), 65(3), 66 and 67, shall come into operation.

GIVEN under my Official Seal, this 25th day of February, 1998

MICHAEL WOODS

Minister for the Marine and Natural Resources

EXPLANATORY NOTE

The purpose of this Order is to commence, with effect from 26 February 1998, certain provisions of the Fisheries (Amendment) Act, 1997 (No. 23 of 1997), so as to pave the way for the introduction of a new regulatory system for aquaculture (including the establishment of a statutory Aquaculture Licences Appeals Board) with effect from 1 April 1998.

Those provisions are:

Section

Effect

2

Non-application of Act to Moville area of the Foyle Fisheries area.

3

Interpretation of Act.

4(1)(part)

Repeal of section 54A of Fisheries Act, 1980 (No 1 of 1980), as amended.

5(2)

Repeal of section 15A of Fisheries (Consolidation) Act 1959 (No 14 of 1959), as amended.

10

Enabling power for Minister to make Regulations in relation to applications for aquaculture licences.

23

Prescription by Minister of organisations to nominate persons for membership of the Aquaculture Licences Appeals Board.

63 and 64

Enabling power for Minister to make Regulations for fees in relation to licence applications, grant of licences, and appeals, with the consent of the Minister for Finance.

65(2)(3)

Provides for prosecutions and penalties for offences under section 67.

66

Enables Court to order recoupment of Minister's costs in investigating and detecting offences and prosecuting offenders under section 67.

67

Provides for the removal of unauthorised aquaculture structures and equipment and State-owned foreshore under Foreshore Act. 1933 (No 12 of 1933), which may endanger navigation, etc.

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