Thursday, 17 October 2019

Questions (246)

Michael Collins

Question:

246. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine the policy with regard to unused aquaculture licences; and if he will make a statement on the matter. [42813/19]

View answer

Written answers (Question to Agriculture)

Section 69 of the Fisheries (Amendment) Act 1997 sets out the legislative position in regard to unused aquaculture sites.

Section 69 of the Act states:

"(1) (a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has not commenced within 2 years after the date on which the licence was granted, the licence ceases to have effect.

(b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has not been commenced or cannot commence within the period specified in paragraph (a), may apply to the Minister, giving those reasons, for a determination that the licence concerned shall not cease to have effect.

(c) The Minister may, at his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not the licence shall cease to have effect. The determination of the Minister is final.

(2) (a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has ceased for a continuous period of 2 years, the Minister shall, without compensation to the licensee, revoke the licence.

(b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has ceased or is likely to cease for the period referred to in paragraph (a), may apply to the Minister, giving those reasons, for a determination not to revoke the licence.

(c) The Minister may, in his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not to revoke the licence. The determination of the Minister is final.

(d) This subsection is deemed to have come into operation on 30 June 1998.”