I congratulate you, a Chathaoirligh, on your election.
The purpose of the Fisheries (Amendment) Bill, 1996 is to introduce a new statutory framework for the licensing and regulation of the aquaculture industry so as to provide a more effective, legally secure and transparent licensing process which commands the confidence of the fish farming industry and all other relevant interests.
There are two statutory mechanisms at present under which Ministerial authority can be exercised to licence fish culture or aquaculture. These are provided for by section 15 of the Fisheries (Consolidation) Act, 1959, and by section 54 of the Fisheries Act, 1980. In addition, aquaculture installations or structures on the foreshore are also subject to the requirements of the Foreshore Acts, and land-based facilities are subject to the Planning Acts.
The consultations and considerations which led to the drafting of the aquaculture section of the Fisheries Act, 1980, took place in the late 1970s when fish farming was in its infancy. In the period since the introduction of that Act, we have witnessed the exponential growth of the aquaculture industry to the point where it accounts for some 25 per cent of the value of total fish production in this country. Total aquaculture production in 1995 amounted to almost 27,000 tonnes with a value of some £50 million. The total number of people engaged in all sectors of the aquaculture industry stood at 2,946 at the end of 1995. The Government is committed to the industry's continued sustainable development and to delivering on the potential for jobs and growth it offers, particularly in coastal communities. The planned development and expansion of the industry is a major element of the investment programme in place under the Fisheries Operational Programme 1994-99. The operational programme envisages doubling of aquaculture output to £103 million by the end of 1999 and the creation of an additional 1,300 jobs over the period of the programme. Under the programme a total investment of £36 million is planned in new projects and the modernisation of existing facilities. To date, 51 investment projects in aquaculture have been approved under the programme involving a total investment of some £13.5 million.
To facilitate the realisation of the targets for expansion under the operational programme, a sound legislative framework to underpin aquaculture development is essential. It has been agreed for some time by both the industry and other interests that a thorough overhaul of the existing legislation is essential to address not only deficiencies experienced with the licensing procedures but also to take account of new thinking on planning and environmental issues as well as significant technical advances in aquaculture itself. The existing legislative provisions do not command confidence. The claimed failings are both perceived and real. The aquaculture industry see the present procedures as a disincentive to enterprise and as being cumbersome and slow in terms of finalising licensing decisions. Others perceive them as failing to have sufficient regard for public rights and environmental concerns. Furthermore, licensing of marine fish farms has also been constrained by recent court decisions. There is a large degree of consensus on the broad requirements of any new licensing system. The degree of common ground on what is needed is particularly significant given the differing, often opposing, perspectives on aquaculture development. Views on the specific issues to be addressed in new legislation converged in many respects.
Key industry concerns centred on the need for a streamlined, impartial and speedy licensing framework; enhancement of notification/ consultation procedures for licence applications; rights of appeal against licensing; security of tenure; safeguarding other interests; more effective policing and regulation; a sound statutory basis for licences; new fee basis and the need for explicit policy guidelines to inform decision making.
Key third party concerns centred on the need for an impartial and transparent decision making process; improved public notification/ consultation procedures; better access to information; improved appeal mechanisms, enhanced regulation, monitoring and control of industry; a clearcut penalties regime to ensure full compliance with licence and other requirements, and explicit policy guidelines to inform decision making.
Consequently, one of my primary concerns in the drafting of the Bill was to endeavour to strike the necessary balance between the essential development needs of the aquaculture industry and the acknowledged and real concerns of other parties. Getting this balance right is essential to ensure that the development of aquaculture is planned and regulated in a sustainable way. Thus, the objective of the Bill before the House today is to establish a new licensing process which will facilitate the continued sustainable development of the aquaculture industry while meeting local and environmental concerns; give those directly involved with aquaculture, and all other interested individuals and organisations a reasonable opportunity to express their views on particular development proposals within a framework of clearly defined procedures and timescales; and make provision for the establishment of an independent appeals process.
The Bill draws heavily on the best features and practices of planning law to achieve this objective. It will establish a new licensing and regulatory framework for aquaculture to replace the existing processes under the Fisheries (Consolidation) Acts.
I would like to outline the main provisions of the Bill and the new framework for licensing and regulation proposed in it. Applications for licences to engage in aquaculture are to be made to the licensing authority, that is the Minister for the Marine or a designated officer of the Minister in the event of the power being delegated. A statutory time objective for determining licence applications within four months is provided for with provision to extend this in specified circumstances. In such circumstances, reasons will have to be given to the applicant and the date by which, or period within which, the application will be determined will be indicated. This provision takes account of concerns expressed by the industry that there should be a fixed timeframe for dealing with applications. It will be open to the Minister to delegate the function of deciding on licence applications and reviews of licences, or on particular categories of applications and reviews, to an officer of the Department.
An independent aquaculture licences appeals board will be established to determine appeals against decisions of the licensing authority. Again, a statutory time objective for determining appeals within four months will apply with similar provisions for extending this period. The board will consist of a chairperson and five members appointed by the Minister with knowledge or experience of aquaculture, environmental protection of wild fisheries, planning and development or industrial or community development. The chairperson's term of office will be five years and other members will hold office for a term not exceeding five years to be specified at the time of their appointment. There is a standard provision for disclosure of interests by the board or persons engaged by it in circumstances where a particular beneficial or material interest exists.
The board may engage consultants and advisers for evaluating appeals. The concerns expressed by the industry and the various interest groups on the need for accountability through an appropriate right of appeal have been recognised and taken on board. The procedures for appeals and their consideration by the appeals board are derived from the streamlined planning appeals procedures established by the planning Acts. The main features include a time limit of one month for lodging appeals by any aggrieved person; a requirement to state the full grounds of appeal when appealing; an entitlement for other parties to an appeal, and anybody else who wishes to do so, to make written submissions on the appeal within one month, a discretionary power for the appeals board to invite a further submission from any person concerned with an appeal where it considers it appropriate to do so; a power for the appeals board to decide, in its absolute discretion, to hold an oral hearing of any appeal, and powers for the appeals board to dismiss vexatious or abandoned appeals.
The Minister will be empowered to issue general policy directives and any designated officer exercising licensing functions and the appeals board, will be required to have regard to such directives.
The licensing authority may grant trial licences authorising experimental investigations for particular aquaculture developments. Such licences would be subject to a maximum term of two years and would not be renewable. Because of the limited nature and duration of these licences, appeal provisions will not apply. It is clear that there is a need for more flexibility in relation to licensing experimental operations. For example, trials to establish site suitability, including suitability for fallowing purposes or the viability of farming novel species will have to be facilitated if the industry is to grow and adapt to new developments and technology.
The Minister will be empowered to prescribe by regulations, with the consent of the Minister for Finance, fees for licence applications, licences and appeals. The provision will make it possible to lay down fees for applications, reviews or appeals as is the case under the planning Acts, in addition to fees for licences.
Matters which must be taken into account as relevant in the determination of licence applications and appeals are delineated in the Bill. These include the suitability of the area in question for the aquaculture development proposed; likely economic effects; other beneficial uses of the water; ecological implications for wild fisheries; natural habitats and flora and fauna. The aim is to introduce clear licensing criteria as sought by the industry and other interest groups.
Provisions to deal with unauthorised development and breaches of licence conditions are considerably strengthened. This will protect existing or future licensees against developments which undermine confidence in the industry and the Department's ability to regulate properly. It will also allay the concern of other interests who can be confident that the aquaculture industry is properly regulated and placed on the same footing as other natural resource sectors.
Licences will be open to review after three years. Any decision following a review will be appealable in the same way as a decision on a licence application.
I have taken on board concerns expressed by the aquaculture industry in relation to security of tenure, interference with licensed operations and the underpinning of existing licences. I have made specific provision for these matters in the Bill. I have also included strengthened provisions with regard to the recapture of fish in the event of an escape from a fish farm. This is a matter which I know concerns people involved in the wild fisheries sector.
In preparing this Bill, my Department has had extensive consultations with a range of interest groups, State bodies and other Government Departments, particularly the Department of the Environment and the National Parks and Wildlife Service. The views of BIM and the aquaculture industry representative bodies have been considered fully, together with those of fishery and environmental interests.
The aquaculture industry has been poorly served by out of date legislation and a licensing process which has failed to deliver decisions within a reasonable timeframe. Those who wish to lodge appeals, representations or objections against any licensing decision were also poorly served by the Statutes in place.
I am satisfied that the Bill provides the necessary legislative framework to command both industry and public confidence in the licensing and regulatory processes for the aquaculture industry. It underlines the Government's commitment to the sustainable development of this valuable industry and to ensuring that aquaculture develops within strict environmental standards with the rights of other users fully protected.
I commend the Bill to the House.
