Aquaculture licence applications are considered by my Department under the provisions of the 1997 Fisheries (Amendment) Act and the 1933 Foreshore Act. The specific steps are set out in the following table.
Steps
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Progress to date
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Step 1
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Aquaculture licence application received.
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Step 2
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Application checked – if location in or adjacent to Natura 2000 area, sent for Appropriate Assessment
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Step 3
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Appropriate Assessment carried out by the Marine Institute (Department’s scientific advisors) following the setting out of the conservation objectives by the NPWS
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Step 4
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On receipt of the Appropriate Assessment (AA) the Department in conjunction with its scientific and technical advisors carries out an Environmental Impact Assessment (EIA) pre-screening to ensure compliance with EU Environmental Directives (for some aquaculture activities, e.g. marine finish, an EIS is compulsory)
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Step 5
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All applications accompanied by the Appropriate Assessment and EIA pre-screening (or EIS) are sent to Statutory Consultees (this includes NPWS, An Taisce, County Councils, Department of Environment etc)
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Step 6 (a)
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All applications accompanied by the Appropriate Assessment and EIA pre-screening (or EIS are sent to Public consultation - allowing members of the public to comment
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Step 6 (b)
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All information received is evaluated by Department Officials and a recommendation made to the Minister
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Step 7
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Ministerial Decision to either grant or refuse the application
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Step 8
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Publication of Ministerial Decision
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Step 9
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Decision may be appealed to the Aquaculture Licences Appeals Board (ALAB) - the independent appeals body
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Step 10
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Aquaculture Licences Appeals Board (ALAB) publish their decision
(Aquaculture Licences Appeals Board (ALAB) decision can be judicially reviewed)
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The specific application referred to by the Deputy was received by my Department last year. The application and its accompanying Environmental Impact Statement are being considered under the legislation. A determination in respect of the application will be made as soon as possible following completion of the necessary assessment process. This assessment process will take full account of all national and EU legislative requirements and will reflect the full engineering, scientific, environmental, legal and public policy aspects of the application.
The fullest consideration is being given to all submissions received as part of the statutory and public consultation stages of the process. As the application is under active consideration as part of the statutory process it would not be appropriate for me to comment further at this time.