Tuesday, 17 December 2019

Ceisteanna (514, 515, 528, 529)

Pearse Doherty

Ceist:

514. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if an aquaculture licence will be granted if the applicant has been engaged in unauthorised aquaculture activities in the same area prior to the application being made; and if he will make a statement on the matter. [52794/19]

Amharc ar fhreagra

Pearse Doherty

Ceist:

515. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if an aquaculture licence will be granted if the applicant has been engaged in unauthorised aquaculture activities in the same area after the application has been made but ceased unauthorised activities proper to a determination being made in respect of the application; the way in which this relates to section 11 of the Fisheries (Amendment) Act 1997 (details supplied); and if he will make a statement on the matter. [52795/19]

Amharc ar fhreagra

Pearse Doherty

Ceist:

528. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if an aquaculture licence can be granted if the applicant has been engaged in unauthorised aquaculture activities in the same area prior to the application being made; and if he will make a statement on the matter. [52951/19]

Amharc ar fhreagra

Pearse Doherty

Ceist:

529. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if an aquaculture licence can be granted if the applicant has been engaged in unauthorised aquaculture activities in the same area after the application has been made but ceased unauthorised activities proper to a determination being made in respect of the application; the way in which this relates to section 4 of the Fisheries and Foreshore (Amendment) Act 1998 (details supplied); and if he will make a statement on the matter. [52952/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Agriculture)

I propose to take Questions Nos. 514, 515, 528 and 529 together.

Applications for aquaculture licences are considered by my Department in accordance with the applicable National and EU legislation. 

Section 4(1) of the Fisheries and Foreshore (amendment) Act 1998 states:-

4.—(1) On and from the 10th day of December, 1998, an application for an aquaculture licence shall not be accepted, or if accepted shall not be determined, if the applicant or any person on behalf of the applicant commences to engage in aquaculture at the place or waters to which the application relates before a licence is granted under the Act of 1997.

The applicability of any one Section of the legislation is determined by a number of factors including, but not limited to, the specific circumstances of each application as well as the rights and other obligations deriving from other elements of the legislation.

Decisions on licence applications are made following the fullest consideration of all scientific, technical and legislative aspects of each application.