The Aquatic Animal Health Regulations (Northern Ireland) 2009

Surrender of authorisation N.I.

12.—(1) An authorisation may be surrendered by the operator of an aquaculture production business or a processing establishment to the Department in accordance with this regulation.

(2) An authorisation may only be surrendered if the Department accepts it.

(3) Where an operator desires to surrender an authorisation, the operator shall make an application to the Department on a form provided by the Department for the purpose and accompanied by such information in such form as the Department may reasonably require.

(4) On receiving an application under paragraph (3), the Department shall determine whether the cessation of the operation to which the authorisation relates is likely to lead to an unacceptable risk of spreading disease.

(5) Before accepting the surrender of an authorisation the Department—

(a) shall inspect, or arrange to have inspected, the operation to which the authorisation relates; and

(b) may require the operator to carry out such works or do such things as may be specified in a notice served on the operator by the Department.

(6) If the Department is satisfied that the cessation of the operation to which the authorisation relates is not likely to lead to an unacceptable risk of spreading disease, the Department shall accept the surrender of the authorisation; but otherwise the Department shall refuse to accept it.

(7) Where the surrender of an authorisation is accepted, the Department shall issue to the operator, with the notice of its decision, a certificate stating that it is satisfied as mentioned in paragraph (6) and, on the issue of that certificate, the authorisation shall cease to have effect.

(8) Where the surrender of an authorisation is refused, the Department shall give notice of its decision to the operator.

(9) The notice shall—

(a) give the reasons for the refusal; and

(b) inform the operator of the right of appeal under regulation 44.

(10) Where the Department accepts the surrender of an authorisation in relation to an aquaculture production business, it shall give notice of the surrender to—

(a) in the case of a business situated in the Londonderry Area or the Newry Area, the Foyle, Carlingford and Irish Lights Commission; or

(b) in the case of a business situated outside those areas and which is an inland fishery or a salmon fishery, the Fisheries Conservancy Board for Northern Ireland.

Commencement Information

I1 Reg. 12 in operation at 27.3.2009, see reg. 1(1)