STATUTORY INSTRUMENT

S.I. No. 145 of 2001

AQUACULTURE (LICENCE APPLICATION) (AMENDMENT) REGULATIONS, 2001

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S.I. No. 145 of 2001

AQUACULTURE (LICENCE APPLICATION) (AMENDMENT) REGULATIONS, 2001

I, Frank Fahey, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by sections 10, 19, 68 and 70 of the Fisheries (Amendment) Act, 1997 (No. 23 of 1997) (as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), hereby make the following regulations:

1.        These Regulations may be cited as the Aquaculture (Licence Application) (Amendment) Regulations, 2001.

2.        These Regulations shall come into operation on 7 April 2001.

3.        In these Regulations “Principal Regulations” means the Aquaculture (Licence Application) Regulations, 1998 ( S.I. No. 236 of 1998 ).

4.       (1)       For the purposes of Regulation 10 of the Principal Regulations, the provision in paragraph (3) of that Regulation enabling a body (being a body referred to in paragraph (1) of that Regulation) to make, within 6 weeks of being notified by the Minister for the Marine and Natural Resources, written submissions or observations to that Minister concerning an application to which that Regulation relates shall be construed so as to enable the body to make any such written submissions and observations within 10 weeks of being so notified, but only where such notification was duly given to the body between 26 February 2001 and 30 April 2001.

(2)      Nothing in paragraph (1) of this Regulation shall be construed so as to otherwise affect the operation of Regulation 10 of the Principal Regulations.

5.       (1)       For the purposes of Regulation 11 of the Principal Regulations, the provision in paragraph (2) of that Regulation enabling a body (being a body to which paragraph (1)(a) of that Regulation relates) to make, within 6 weeks of being furnished under that Regulation with a copy of an environmental impact statement, written submissions or observations to the Minister for the Marine and Natural Resources concerning the effects on the environment of the proposed aquaculture shall be construed so as to enable the body to make such submissions and observations within 10 weeks of being so furnished, but only where the furnishing of the environmental impact statement duly occurred between 26 February 2001 and 30 April 2001.

(2)      Nothing in paragraph (1) of this Regulation shall be construed so as to otherwise affect the operation of Regulation 11 of the Principal Regulations.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations take account of precautions against the spread of Foot and Mouth Disease by extending, from 6 weeks to 10 weeks, the period within which certain statutory and other bodies are entitled to make written submissions or observations to the Minister for the Marine and Natural Resources on applications for aquaculture and trial licences, etc, and on environmental impact statements submitted in that connexion, which would ordinarily follow site inspections on behalf of, and meetings of, those bodies.

These Regulations will not affect applications, etc, notified to those bodies after 30 April 2001.