The Fisheries (Amendment) (Northern Ireland) Order 1991

Fish culture licences

6.  For section 11 of the principal Act there shall be substituted the following sections—

“11.    Fish culture licences.

(1) Subject to the following provisions of this section and sections 11A and 11C, the Department may by licence (referred to as “a fish culture licence”) authorise any person—

(a) to operate a fish farm at a place specified in the licence, and

(b) to carry on in connection therewith such operations in relation to the culture of fish of any kind specified in the licence as may be so specified.

(2) A fish culture licence—

(a) may contain such conditions as the Department considers appropriate; and

(b) shall include, in particular, conditions as to the times and seasons at and the manner in which fish may be taken.

(3) A fish culture licence may, in so far as is expedient for the purpose of giving effect to any such conditions, exempt—

(a) the holder of the licence and any person acting under his directions, and

(b) a person who acquires fish of any kind taken in accordance with such conditions,

from the restrictions imposed by section 111 in so far as those restrictions apply to fish of that kind.

(4) Without prejudice to subsections (2) and (3), and notwithstanding anything contained in this Act or any regulation or byelaw made under this Act, a person to whom a fish culture licence is granted and any person acting under his directions may, subject to the conditions contained in the licence, do any of the things authorised by the licence.

(5) If any person—

(a) operates a fish farm with respect to which a fish culture licence is not for the time being in force; or

(b) operates a fish farm with respect to which such a licence is in force, otherwise than in accordance with any conditions attached to the licence,

he shall be guilty of an offence.

(6) In this section and in sections 11A and 11B references to the operation of a fish farm include references to such operation in inland or tidal waters or within the seaward limits of the territorial sea adjacent to Northern Ireland.

11A.    Applications for fish culture licences.

(1) An application for a fish culture licence—

(a) shall be made to the Department in such form and manner, and

(b) shall include such particulars and shall be accompanied by such documents,

as the Department may direct.

(2) If, on considering an application for a fish culture licence, the Department is minded to grant the licence, the Department shall, except in relation to such classes of applications as it may direct, publish, at the applicant’s expense, notice of the application in such two or more newspapers as it considers appropriate, stating the address where and the period (not being less than one month from the date of publication) within which objections in writing to the granting of the licence may be sent to it.

(3) If—

(a) within the period mentioned in subsection (2), the Department receives any objections (not being in the opinion of the Department vexatious, frivolous or insubstantial) which are not withdrawn; and

(b) those objections are not such as to cause the Department to become minded not to grant the fish culture licence,

the Department shall cause a local public inquiry to be held by the Water Appeals Commission for Northern Ireland (in this Act referred to as “the Appeals Commission”) for the purpose of considering those objections.

(4) If, otherwise than after the holding of such an inquiry, the Department is minded not to grant the licence or grants the licence subject to conditions—

(a) the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(b) the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.

(5) Where, under section 7 of the Water Act (Northern Ireland) 1972, the consent of the Department of the Environment is required to the discharge of effluent into a waterway in connection with the operation of a fish farm, a fish culture licence shall not be issued in respect of that operation unless such consent is granted.

(6) Nothing in this section applies to an application for a fish culture licence which is received by the Department before the date of the coming into operation of Article 6 of the Fisheries (Amendment) (Northern Ireland) Order 1991.

11B.    Discharge of effluent.

(1) Where—

(a) an application is made to the Department of the Environment under section 7 of the Water Act (Northern Ireland) 1972 (“the 1972 Act”), and

(b) in the opinion of that Department, the purpose of the application is to obtain its consent to the discharge into a waterway of effluent or matter in connection with the operation of a fish farm,

the Department of the Environment may, with the approval of the Department, make a direction—

(i) that a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department of the Environment, vexatious, frivolous or insubstantial) received in response to notices published under section 9(3) of the 1972 Act, and

(ii) that the report on the inquiry shall be delivered to each Department.

(2) The Department of the Environment shall give notice of any direction made under subsection (1) to—

(a) the person making the application;

(b) the Foyle Fisheries Commission where the discharge is to be made in the Londonderry Area;

(c) the Board, where the discharge is to be made outside that Area;

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission or, as the case may be, the Board shall be entitled to appear and be heard at the inquiry.

(3) Section 9(4) of the 1972 Act shall not apply to such an application where the Department of the Environment makes a direction under subsection (1) of this section.

(4) Section 9(5) of the 1972 Act shall not apply to any application under section 7 of that Act for the purpose mentioned in paragraph (b) of subsection (1) of this section.

(5) Nothing in this section applies to an application under section 7 of the 1972 Act which is received by the Department of the Environment before the date of the coming into operation of Article 6 of the Fisheries (Amendment) (Northern Ireland) Order 1991.

11C.    Amendment, suspension and revocation of fish culture licences.

(1) The Department may at any time amend any fish culture licence, either on its own motion or on the application of the holder of the licence.

(2) W here the Department proposes to amend any fish culture licence on its own motion, the Department shall—

(a) give to the holder of the licence a written notification of its intention to do so; and

(b) state in that notification—

(i) the specific amendment under consideration, and

(ii) the grounds upon which it is proposed to be made.

(3) If the holder of the licence objects to the proposed amendment, he may, within 28 days from the day on which notification is given to him under subsection (2), appeal to the Appeals Commission.

(4) A fish culture licence may be suspended or revoked in accordance with the provisions of Schedule 1; and in the application of those provisions for the purposes of this section—

(a) “licence” means a fish culture licence; and

(b) the references in paragraphs 1 and 3 to the fishery with respect to which the licence was issued shall b e construed as references to the fish farm to which the licence relates.”.