|
|
|
S.I. No. 236/1998:
AQUACULTURE
(LICENCE APPLICATION) REGULATIONS, 1998
|
|
|
|
AQUACULTURE (LICENCE APPLICATION) REGULATIONS, 1998
|
|
|
|
Arrangement of
Regulations
|
|
|
|
Regulation
|
|
|
|
1. Citation.
|
|
|
|
2. Commencement.
|
|
|
|
3. Interpretation.
|
|
|
|
4. Making an application.
|
|
|
|
5. Environmental impact statement required for
certain applications.
|
|
|
|
6. Procedure on receipt of application.
|
|
|
|
7. Further information.
|
|
|
|
8. Applicant to give public notice of
application and to make environmental impact statement available.
|
|
|
|
9. Right to make submissions, etc., concerning
the application.
|
|
|
|
10. Notice to certain bodies of receipt of
application and their right to make submissions, etc.
|
|
|
|
11. Notice to certain bodies of environmental
impact statement and their right to make submissions, etc.
|
|
|
|
12. Consideration of submissions and
furnishing of information concerning environmental impact statements.
|
|
|
|
13. Notice to Member States of the European
Community.
|
|
|
|
14. Applicant's comments on submissions and
observations.
|
|
|
|
15. Power to request further submissions,
etc., and to declare submissions withdrawn.
|
|
|
|
16. Revised plans, etc.
|
|
|
|
17. Withdrawal of application.
|
|
|
|
18. Advising the applicant of Minister's
decision.
|
|
|
|
19. Publication of Minister's decision.
|
|
|
|
20. Additional notice in certain cases.
|
|
|
|
21. Revocation or amendment of aquaculture
licences.
|
|
|
|
22. Failure to comply with these Regulations.
|
|
|
|
|
|
|
|
|
|
|
|
Information to be contained in an Environmental Impact Statement
|
|
|
|
|
|
|
|
|
|
|
|
Public Notice
|
|
|
|
Publication of an Environmental Impact Statement in connection with an
application for an Aquaculture Licence under the Fisheries (Amendment) Act,
1997 (No. 23)
|
|
|
|
Application for a Foreshore Licence under the Foreshore Act, 1933 (No.
12)
|
|
|
|
|
|
|
|
|
|
|
|
Public Notice
|
|
|
|
Application for an Aquaculture Licence under the Fisheries (Amendment)
Act, 1997 (No. 23)
|
|
|
|
Application for a Foreshore Licence under the Foreshore Act, 1933 (No.
12)
|
|
|
|
|
|
|
|
|
|
|
|
Public Notice
|
|
|
|
Publication of further information received in respect of an
Environmental Impact Statement published in connection with an application
for an Aquaculture Licence under the Fisheries (Amendment) Act, 1997 (No.
23)
|
|
|
|
S.I. No. 236 of 1998.
|
|
|
|
AQUACULTURE (LICENCE APPLICATION)
REGULATIONS, 1998
|
|
|
|
I, Michael Woods, 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:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Citation
|
|
|
|
1. These Regulations may be cited as the Aquaculture (Licence
Application) Regulations, 1998.
|
|
|
|
Commencement
|
|
|
|
2. These Regulations shall come into operation on the 30th day of
June, 1998.
|
|
|
|
Interpretation
|
|
|
|
3. (1) In these Regulations, except where the context otherwise
requires —
|
|
|
|
"the Act" means the Fisheries (Amendment) Act, 1997 (No. 23 of
1997);
|
|
|
|
"appeal" means an appeal to the Board under the Act;
|
|
|
|
"application" means an application to the Minister for an
aquaculture licence or a trial licence or for a review or renewal of an
aquaculture licence;
|
|
|
|
"environmental impact statement" means a statement of the
likely effects on the environment of proposed aquaculture;
|
|
|
|
"the Minister" means the Minister for the Marine and Natural
Resources and, in relation to functions which have been delegated under
section 21 (1) of the Act to an officer of that Minister, includes that
officer;
|
|
|
|
"the Planning Acts" means the Local Government (Planning and
Development) Acts, 1963 to 1993;
|
|
|
|
"renewal" means a renewal of an aquaculture licence in
accordance with section 19 of the Act;
|
|
|
|
"review" means a review of an aquaculture licence in accordance
with section 70 of the Act.
|
|
|
|
(2) In these Regulations—
|
|
|
|
(a) a reference to a regulation or Schedule is to a regulation of, or a
Schedule to, these Regulations unless it is indicated that a reference to
some other instrument is intended,
|
|
|
|
(b) a reference to a paragraph or subparagraph is to the paragraph or
subparagraph of the provision in which the reference occurs unless it is
indicated that a reference to some other provision is intended, and
|
|
|
|
(c) a reference to any enactment shall be construed as a reference to
that enactment as amended or adapted by any subsequent enactment.
|
|
|
|
Making an
application
|
|
|
|
4. (1) A person who wishes to apply for an aquaculture licence or
a trial licence or for a review or renewal of an aquaculture licence shall
make application to the Minister in accordance with these Regulations.
|
|
|
|
(2) Application shall be made on an application form approved by the
Minister.
|
|
|
|
(3) An application shall be accompanied, as appropriate, by—
|
|
|
|
(a) an Ordnance Survey map of the location of the proposed aquaculture,
indicating the relevant Ordnance Sheet No. and drawn to a scale of 1:10,560,
|
|
|
|
(b) a British Admiralty Chart, drawn to the largest scale available, of
the location of the proposed aquaculture,
|
|
|
|
(c) in the case of aquaculture requiring permission or approval under the
Planning Acts, a copy of the decision of the relevant planning authority,
|
|
|
|
(d) in the case of aquaculture requiring a licence under section 4 of the
Local Government (Water Pollution) Act, 1977 (No. 1), a copy of that
licence,
|
|
|
|
(e) an environmental impact statement, if one is required under
Regulation 5,
|
|
|
|
(f) a drawing of the structures to be used in the operation of the
aquaculture or a drawing of the layout of the farm, or both, as specified on
the application form, and
|
|
|
|
(g) the appropriate fee prescribed by the Minister.
|
|
|
|
(4) The Minister may, by written notice, require an applicant to provide
not more than two additional copies of any plan, chart, drawing or map which
accompanied the application.
|
|
|
|
Environmental
impact statement required for certain applications
|
|
|
|
5. (1) An application under section 10 of the Act for an
aquaculture licence in respect of seawater salmonid
breeding installations shall be accompanied by an environmental impact
statement.
|
|
|
|
(2) In the case of an application other than one referred to in paragraph
(1), the Minister may require the applicant to submit an environmental
impact statement if the Minister considers that the proposed aquaculture is
likely to have significant effects on the environment.
|
|
|
|
(3) An environmental impact statement shall contain—
|
|
|
|
(a) the information specified in paragraph (1) of the First Schedule,
|
|
|
|
(b) the information specified in paragraph (2) of the First Schedule, to
the extent—
|
|
|
|
(i) that such information is relevant to the
specific characteristics of the particular aquaculture or type of
aquaculture and of the environmental features likely to be affected, and
|
|
|
|
(ii) that, having regard to current knowledge and methods of assessment
and to other relevant factors, the applicant may reasonably be expected to
compile such information.
|
|
|
|
Procedure on
receipt of application
|
|
|
|
6. (1) On receiving an application, the Minister shall—
|
|
|
|
(a) cause the application and the accompanying documents to be stamped
with the date of their receipt, and
|
|
|
|
(b) examine the application to determine whether it complies with the
requirements of Regulation 4.
|
|
|
|
(2) Where an application complies with the requirements of Regulation 4,
the Minister shall send to the applicant a written acknowledgement stating
the date of receipt of the application.
|
|
|
|
(3) Where an application fails to comply with the requirements of
Regulation 4, the Minister, having regard to the extent of the failure, may,
by written notice—
|
|
|
|
(a) require the applicant to furnish such further particulars, plans,
charts, drawings, maps or environmental impact statement as may be necessary
to comply with those requirements, or
|
|
|
|
(b) inform the applicant that the application is invalid and will not be
considered by the Minister.
|
|
|
|
(4) Where the applicant is informed that the application is invalid, all
particulars, plans, charts, drawings or maps submitted by the applicant
shall be returned to the applicant.
|
|
|
|
Further
information
|
|
|
|
7. Notwithstanding that an application complies with the
requirements of Regulation 4, the Minister may, by written notice, require
that, within a period specified in the notice, the applicant—
|
|
|
|
(a) furnish any further information (including any plans, charts, maps or
drawings, or any information as to any estate or interest in or right over
land or waters) which may be reasonably required to enable the application
to be considered, or
|
|
|
|
(b) produce any evidence which may be reasonably required to verify any
particulars or information given by the applicant in relation to the
application.
|
|
|
|
Applicant to
give public notice of application and to make environmental impact statement
available
|
|
|
|
8. (1) On the Minister's instruction and in any case not later
than 2 weeks after the issue of that instruction, the applicant shall
publish, in a newspaper circulating in the vicinity of the location of the
proposed aquaculture, a notice of application which complies with—
|
|
|
|
(a) the Second Schedule, if an environmental impact statement is required
under Regulation 5 in relation to the application, or
|
|
|
|
(b) the Third Schedule, if no environmental impact statement is required
under Regulation 5 in relation to the application.
|
|
|
|
(2) Within one week after the date of publication of the notice of
application, the applicant shall send to the Minister a complete copy of the
newspaper in which that notice was published.
|
|
|
|
(3) Where an environmental impact statement has been submitted under
Regulation 5, the applicant shall make copies of the statement, available—
|
|
|
|
(a) for inspection by interested persons at the address specified in the
notice of application, or
|
|
|
|
(b) for purchase by them from the applicant for a fee not exceeding the
reasonable costs of making a copy.
|
|
|
|
Right to
make submissions, etc., concerning the application
|
|
|
|
9. (1) Within 4 weeks after the date of publication, in accordance
with Regulation 8, of a notice of application, any person may make
submissions or observations to the Minister concerning the proposed
aquaculture —
|
|
|
|
(a) by sending by post to the address specified for the purpose in that
notice, or
|
|
|
|
(b) by leaving with an officer at that address during office hours
|
|
|
|
a written submission or observation which complies with paragraph (2).
|
|
|
|
(2) A submission or observation shall—
|
|
|
|
(a) state the name and address of the person by whom it is made,
|
|
|
|
(b) state the grounds for the submission or observation and any
considerations and arguments on which it is based, and
|
|
|
|
(c) be accompanied by any documents, particulars or other information
which the person making the submission or observation considers necessary or
appropriate.
|
|
|
|
(3) As soon as may be after receiving a submission or observation under
this Regulation, the Minister shall acknowledge its receipt.
|
|
|
|
(4) A person who has made a submission or observation concerning the
proposed aquaculture under this Regulation shall not be entitled to—
|
|
|
|
(a) elaborate on the original submission or observation,
|
|
|
|
(b) make further submissions or observations in relation to the proposed
aquaculture, or
|
|
|
|
(c) submit any documents, particulars or other information relating to
the proposed aquaculture other than the documents, particulars or other
information which accompanied the original submission or observation,
|
|
|
|
except in accordance with Regulation 12 (4) or 15.
|
|
|
|
(5) The Minister shall not consider any of the following:
|
|
|
|
(a) any submissions or observations received after the expiry of the
period referred to in paragraph (1) unless they were made under Regulation
12 (4) or 15;
|
|
|
|
(b) any elaborations, submissions or observations which under paragraph
(4) a person is not entitled to make;
|
|
|
|
(c) any documents, particulars or other information which under paragraph
(4) a person is not entitled to submit.
|
|
|
|
Notice to
certain bodies of receipt of application and their right to make
submissions, etc
|
|
|
|
10. (1) In considering an application which complies with the
requirements of Regulation 4 (except an application in relation to which an
environmental impact statement is required under Regulation 5) the Minister
shall, by written notice, inform the following of the receipt of the
application:
|
|
|
|
(a) Bord Iascaigh Mhara;
|
|
|
|
(b) Marine Institute;
|
|
|
|
(c) Údarás na Gaeltachta, if the proposed aquaculture is to take place
in, or contiguous to, its functional area;
|
|
|
|
(d) the Minister for Arts, Heritage, Gaeltacht
and the Islands;
|
|
|
|
(e) the local authority, within whose functional area, or contiguous to
whose functional area, the proposed aquaculture is to take place;
|
|
|
|
(f) Bord Fáilte Éireann;
|
|
|
|
(g) the Central Fisheries Board;
|
|
|
|
(h) the Regional Fisheries Board within whose functional area, or
contiguous to whose functional area, the proposed aquaculture is to take
place;
|
|
|
|
(i) the Commissioners of Irish Lights;
|
|
|
|
(j) An Taisce — The National Trust for Ireland;
|
|
|
|
(k) a harbour authority within the meaning of the Harbours Act, 1946 , or
a company established under the Harbours Act, 1996 , as appropriate, if the
proposed aquaculture is to take place in, or contiguous to, its functional
area.
|
|
|
|
(2) A notice under paragraph (1) shall specify—
|
|
|
|
(a) the name and address of the applicant,
|
|
|
|
(b) the location of the aquaculture to which the application relates,
|
|
|
|
(c) the nature and extent of the aquaculture,
|
|
|
|
(d) the date of receipt by the Minister of the application, and
|
|
|
|
(e) any other information which the Minister considers relevant.
|
|
|
|
(3) Within 6 weeks after a body is notified under this Regulation of
receipt of an application, that body may make written submissions or
observations to the Minister concerning the application.
|
|
|
|
Notice to
certain bodies of environmental impact statement and their right to make
submissions, etc
|
|
|
|
11. (1) Where an environmental impact statement has been submitted
under Regulation 5, the applicant shall, on publication of the notice under
Regulation 8—
|
|
|
|
(a) furnish copies of the statement to the bodies specified in Regulation
10 (1), and
|
|
|
|
(b) inform them in writing of their right to make submissions or
observations in accordance with paragraph (2).
|
|
|
|
(2) Within 6 weeks after a body is furnished under this Regulation with a
copy of the environmental impact statement, that body may make written
submissions or observations to the Minister concerning the effects on the
environment of the proposed aquaculture.
|
|
|
|
Consideration
of submissions and furnishing of information concerning environmental impact
statements
|
|
|
|
12. (1) Where an environmental impact statement has been submitted
under Regulation 5, the Minister shall have regard to—
|
|
|
|
(a) that statement,
|
|
|
|
(b) any written submissions or observations received under Regulation 9
(1) or 11 (2) concerning the effects on the environment of the proposed
aquaculture,
|
|
|
|
(c) the views of other Member States of the European Community arising
from consultation, if any, under Regulation 13, and
|
|
|
|
(d) any comments received from the applicant under Regulation 14.
|
|
|
|
(2) Where the Minister considers it necessary to do so, he or she may
require an applicant who has submitted an environmental impact statement to
furnish to the Minister such further information concerning the effects on
the environment of the proposed aquaculture as the Minister may specify.
|
|
|
|
(3) Where further information is furnished under paragraph (2), the
applicant shall—
|
|
|
|
(a) on the Minister's instruction and in any case not later than 2 weeks
after the issue of that instruction, publish in a newspaper circulating in
the area of the proposed aquaculture a notice which complies with the Fourth
Schedule,
|
|
|
|
(b) have the same duty to make copies of that information available for
inspection or purchase as the applicant has under Regulation 8 (3) in
relation to an environmental impact statement, and
|
|
|
|
(c) have the same duty to furnish copies of the information to the bodies
specified in Regulation 10 (1) as the applicant has under Regulation 11 (1)
in relation to environmental impact statement.
|
|
|
|
(4) Where further information is furnished under paragraph (2)—
|
|
|
|
(a) any person may, within 3 weeks after the date of publication of the
notice under paragraph (3), make submissions or observations concerning that
information by following the procedure in Regulation 9 (1) and (2),
|
|
|
|
(b) the bodies specified in Regulation 10 (1) may, within 3 weeks after
the date of publication of the notice under paragraph (3), make further
written submissions or observations to the Minister concerning the effects
on the environment of the proposed aquaculture, and
|
|
|
|
(c) the Minister shall have regard to that information and to any
submissions or observations made under this paragraph.
|
|
|
|
Notice to
Member States of the European Community
|
|
|
|
13. The Minister shall consult with a Member State of the European
Community concerning the effects on the environment of proposed aquaculture
in respect of which an environmental impact statement has been submitted
under Regulation 5 if—
|
|
|
|
(a) the Minister considers that the proposed aquaculture is likely to
have significant effects on the environment in that Member State, or
|
|
|
|
(b) the Member State requests the consultation on the grounds that it is
likely to be significantly affected.
|
|
|
|
Applicant's
comments on submissions and observations
|
|
|
|
14. (1) The Minister shall send to the applicant a copy of any
submissions or observations received under Regulation 9 (1), 10 (3), 11 (2)
or 12 (4) concerning an application.
|
|
|
|
(2) Within 3 weeks after the date the submissions or observations are
sent to the applicant, the applicant may submit to the Minister the
applicant's written comments on the submissions or observations.
|
|
|
|
(3) Where no comments have been received from an applicant within the
period mentioned in paragraph (2), the Minister may, without further notice
to the applicant, consider the submissions or observations received under
Regulation 9 (1), 10 (3), 11 (2) or 12 (4).
|
|
|
|
(4) An applicant shall not be entitled to elaborate on any comments made
in accordance with paragraph (2) or to make any further comments, unless
requested to do so under Regulation 15.
|
|
|
|
(5) The Minister shall not consider any of the following:
|
|
|
|
(a) any comments received from the applicant after the expiry of the
period mentioned in paragraph (2) other than comments requested under
Regulation 15;
|
|
|
|
(b) any elaborations or further comments which under paragraph (4) the
applicant is not entitled to make.
|
|
|
|
Power to
request further submissions, etc., and to declare submissions withdrawn
|
|
|
|
15. (1) Where the Minister is of the opinion that it is
appropriate in the interests of justice to request a person who made a
submission or observation under Regulation 9 or a conmment
under Regulation 14 to make a submission concerning any matter which has arisen
in relation to the submission, observation or comment, the Minister may, in
his or her discretion, by written notice —
|
|
|
|
(a) request the person to make a written submission to the Minister
concerning that matter within the period specified in the notice (being a
period of not less than 2 and not more than 4 weeks beginning on the date of
issue of the notice), and
|
|
|
|
(b) inform that person that, if a written submission is not received
before the expiry of the period specified in the notice, the Minister will,
after the expiry of that period and without further notice, proceed with
considering the submission, observation or comment and make a decision on
the application.
|
|
|
|
(2) Where the Minister is of the opinion that any document, particulars
or other information is necessary to enable the Minister to consider a
submission, observation or comment made by any person, the Minister may by
written notice —
|
|
|
|
(a) require the person to submit to the Minister within the period
specified in the notice (being a period of not less than 2 and not more than
4 weeks beginning on the date of issue of the notice) the document,
particulars or other information specified in the notice, and
|
|
|
|
(b) inform that person that, if he or she fails to comply with the
requirements of the notice, the Minister will, after the specified period
expires and without further notice, make a decision on the application.
|
|
|
|
(3) Where the Minister is of the opinion that a submission, observation
or comment has been abandoned, he or she may, by written notice to the
person who made the submission, observation or comment—
|
|
|
|
(a) inform the person of the Minister's opinion, and
|
|
|
|
(b) require that person to make, within the period specified in the
notice (being a period of not less than 2 and not more than 4 weeks
beginning on the date of issue of the notice), a written submission as to
why the submission, observation or comment should not be regarded as having
been withdrawn.
|
|
|
|
(4) At any time after the expiry of the period specified in a notice
issued under paragraph (3), and after considering the submission (if any)
made pursuant to that notice, the Minister may declare that the submission,
observation or comment to which the notice relates shall be regarded as
having been withdrawn.
|
|
|
|
Revised
plans, etc
|
|
|
|
16. (1) Where, after considering an application, the Minister is
disposed to grant a licence subject to any modification of the aquaculture
to which the application relates, the Minister may—
|
|
|
|
(a) invite the applicant to submit revised proposals, plans or other
drawings modifying, or other particulars providing for the modification of,
that aquaculture, and
|
|
|
|
(b) if the revised proposals, plans, drawings or particulars are
submitted, decide to grant a licence for the relevant development as
modified by all or any those proposals, plans, drawings or particulars.
|
|
|
|
(2) In this Regulation, a reference to a case in which the Minister is disposed,or decides, to grant a licence shall include a
reference to a case in which the Minister, following a review in accordance
with section 70 of the Act, is disposed, or decides, to -
|
|
|
|
(a) alter any or all of the terms of an aquaculture licence,
|
|
|
|
(b) amend or delete any conditions to which that licence is subject, or
|
|
|
|
(c) impose conditions or additional conditions in relation to the
licence.
|
|
|
|
Withdrawal
of application
|
|
|
|
17. (1) The applicant may, by written notice, withdraw an
application at any time before the publication of the Minister's decision on
the application.
|
|
|
|
(2) Withdrawal of an application shall not entitle the applicant to a
refund of any fee paid to the Minister in relation to the application.
|
|
|
|
Advising
the applicant of Minister's decision
|
|
|
|
18. For the purposes of section 12 (3) of the Act, the notice
advising the applicant of the Minister's decision on an application shall
specify the following:
|
|
|
|
(a) the reference number relating to the application;
|
|
|
|
(b) the aquaculture to which the decision relates;
|
|
|
|
(c) the nature of the decision;
|
|
|
|
(d) the date of the decision;
|
|
|
|
(e) in the case of a decision to grant a licence, the conditions attached
to the licence;
|
|
|
|
(f) in the case of a decision to grant a licence, the duration of the
validity of the licence;
|
|
|
|
(g) in the case of a decision to refuse a licence, the reason or reasons
for the refusal;
|
|
|
|
(h) in the case of a decision to grant a licence, that the licence will
be issued as soon as practicable after the end of the appeal period if no
appeal is lodged before the end of that period;
|
|
|
|
(i) that any person aggrieved by the decision
may, except in the case of a decision relating to an application for a trial
licence, appeal to the Board within the period of one month beginning on the
date of the publication of the decision.
|
|
|
|
Publication
of Minister's decision
|
|
|
|
19. The Minister shall publish a notice of his or her decision on
an application —
|
|
|
|
(a) within 2 weeks after making the decision, in a newspaper circulating
in the vicinity of the location of the proposed aquaculture, and
|
|
|
|
(b) in addition, in the Iris Oifigiúil if an
environmental impact statement was required under Regulation 5 in relation
to the application.
|
|
|
|
Additional
notice in certain cases
|
|
|
|
20. (1) Where any body has been given under Regulation 10 notice
of receipt of an application or has been furnished under Regulation 11 with
an environmental impact statement relating to an application, the Minister
shall notify that body of the decision within 2 weeks after giving a
decision on the application.
|
|
|
|
(2) Where a Member State of the European Community has been consulted
under Regulation 13 about an environmental impact statement relating to an
application, the Minister shall notify that Member State within 2 weeks
after giving a decision on the application.
|
|
|
|
Revocation
or amendment of aquaculture licences
|
|
|
|
21. (1) The Minister may send to the appropriate bodies specified
in Regulation 10 notice that a revocation or amendment of an aquaculture
licence is under consideration, if he or she considers it appropriate to
notify them.
|
|
|
|
(2) As soon as practicable after making a decision under section 68 (1)
or (2) of the Act to revoke or amend an aquaculture licence, the Minister
shall send to the licensee a notice of the decision and the reason or
reasons therefor.
|
|
|
|
(3) Within 2 weeks after making a decision referred to in paragraph (2),
the Minister shall publish a notice of the decision in a newspaper
circulating in the vicinity of the location of the aquaculture.
|
|
|
|
Failure to
comply with these Regulations
|
|
|
|
22. (1) Where an applicant fails to comply with a requirement of
these Regulations, the Minister may, by written notice, advise the applicant
that unless the requirement is complied with within the period specified in
the notice the application shall be deemed to have been withdrawn.
|
|
|
|
(2) Where an applicant who has been given notice under paragraph (1)
fails to comply, within the period specified in the notice, with any
requirement specified in it —
|
|
|
|
(a) the application shall be deemed to have been withdrawn on the expiry
of that period, and
|
|
|
|
(b) the Minister shall, by written notice, inform the applicant that the
application is deemed to have been withdrawn.
|
|
|
|
(3) The deeming of an application to have been withdrawn under paragraph
(2) shall not entitle the applicant to a refund of any fee paid to the
Minister in relation to the application.
|
|
|
|
FIRST SCHEDULE
|
|
|
|
Regulation 5(3).
|
|
|
|
INFORMATION
TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT
|
|
|
|
(1) A description of the proposed aquaculture, including information
about —
|
|
|
|
(a) the site, the design and the size or scale of the aquaculture
operations;
|
|
|
|
(b) the data necessary to identify and assess the main effects which that
aquaculture is likely to have on the environment;
|
|
|
|
(c) a description of the likely significant effects, direct and indirect,
on the environment of the aquaculture, explained by reference to its
possible impact on the following:
|
|
|
|
(i) human beings;
|
|
|
|
(ii) flora;
|
|
|
|
(iii) fauna;
|
|
|
|
(iv) soil;
|
|
|
|
(v) water;
|
|
|
|
(vii) air;
|
|
|
|
(viii) climate;
|
|
|
|
(ix) the landscape;
|
|
|
|
(x) the interaction between the beings and things listed in subparagraphs
(i) to (ix);
|
|
|
|
(xi) material assets;
|
|
|
|
(xii) the cultural heritage;
|
|
|
|
(d) where significant adverse effects are identified with respect to any
being or thing listed in subparagraph (c), a description of the measures
envisaged in order to avoid, reduce or remedy those effects;
|
|
|
|
(e) a summary, in non-technical language, of the information referred to
in paragraphs (a) to (d).
|
|
|
|
(2) By way of explanation or amplification of any information referred to
in paragraph (1), further information on the following matters:
|
|
|
|
(a) the physical characteristics of the proposed aquaculture, and the
land-use requirements during the construction and operational phases;
|
|
|
|
(b) the main characteristics of the production processes proposed,
including the nature and quantity of the materials to be used;
|
|
|
|
(c) the estimated type and quantity of expected residues and emissions
(including pollutants of surface water and groundwater, air, soil and
substrata, noise, vibration, light, heat and radiation) resulting from the
proposed production processes when in operation;
|
|
|
|
(d) (in outline) the main alternatives (if any) studied by the applicant
and an indication of the main reasons for choosing the method of cultivation
proposed, taking into account the environmental effects;
|
|
|
|
(e) the likely significant direct and indirect effects (including
secondary, cumulative, short, medium and long term) on the environment of
the proposed aquaculture which may result from—
|
|
|
|
(i) the use of natural resources;
|
|
|
|
(ii) the emission of pollutants, the creation of nuisances, and the
elimination of waste;
|
|
|
|
(f) the forecasting methods used to assess any effects on the environment
about which information is given under subparagraph (e);
|
|
|
|
(g) any difficulties, such as technical deficiencies or lack of
knowledge, encountered in compiling information required under this
Schedule;
|
|
|
|
(h) a summary, in non-technical language, of the information referred to
in subparagraphs (a) to (g), as applicable.
|
|
|
|
SECOND
SCHEDULE
|
|
|
|
Regulation 8(1)(a).
|
|
|
|
PUBLIC NOTICE
|
|
|
|
PUBLICATION
OF AN ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION WITH AN APPLICATION FOR
AN AQUACULTURE LICENCE UNDER THE FISHERIES (AMENDMENT) ACT, 1997 (NO. 23)
|
|
|
|
APPLICATION
FOR A FORESHORE LICENCE UNDER THE FORESHORE ACT, 1933 (NO. 12)
|
|
|
|
NOTICE IS HEREBY GIVEN pursuant to Regulation 8 of the Aquaculture
(Licence Application) Regulations, 1998, and section 19 of the Foreshore
Act, 1933 that ........................................1, of
............................2 has applied to the Minister for the
Marine and Natural Resources for permission to place ......................3
within an area of foreshore at ....................................4
in connection with the cultivation of .................................5
|
|
|
|
An environmental impact statement has been prepared on behalf of
............................1 in respect of this proposed
aquaculture. A copy of this environmental impact statement may be inspected
free of charge at the Garda Station at
....................6, the following times
................................7 for a period of one month from
the date of publication of this notice or purchased from
............................8 at a cost of £.................9
per copy during the same period.
|
|
|
|
1 Name of applicant
|
|
|
|
2 Address of applicant
|
|
|
|
3 Structures to be used
|
|
|
|
4 Location of aquaculture proposed
|
|
|
|
5 Species for cultivation
|
|
|
|
6 Address of Garda Station
|
|
|
|
7 Times for inspection
|
|
|
|
8 Name of applicant
|
|
|
|
9 Cost of copy of EIS
|
|
|
|
Any person may, during the period of 4 weeks from the date of publication
of this notice, make written submissions or observations to the Minister for
the Marine and Natural Resources in relation to the proposed aquaculture.
Any such submissions or observations should be furnished in writing to the
Department of the Marine and Natural Resources (Coastal Zone Administration
Division), Leeson Lane, Dublin 2, within that
period.
|
|
|
|
All submissions or observations received on foot of public notice
procedures will be made available to the applicant for comment.
|
|
|
|
THIRD SCHEDULE
|
|
|
|
Regulation 8(1)(b).
|
|
|
|
PUBLIC NOTICE
|
|
|
|
APPLICATION
FOR AN AQUACULTURE LICENCE UNDER THE FISHERIES (AMENDMENT) ACT, 1997 (NO.
23)
|
|
|
|
APPLICATION
FOR A FORESHORE LICENCE UNDER THE FORESHORE ACT, 1933 1 (NO. 12)
|
|
|
|
NOTICE IS HEREBY GIVEN pursuant to Regulation 8 of the Aquaculture
(Licence Application) Regulations, 1998 [and section 19 of the Foreshore
Act, 1933 ]1 that .................................2,
of................3 has applied to the Minister for the Marine
and Natural Resources for permission to [place .................4
on the foreshore in order to]1 cultivate ...................5
at ...................6
|
|
|
|
1 Delete if Foreshore Licence not required
|
|
|
|
2 Name of applicant
|
|
|
|
3 Address of applicant
|
|
|
|
4 Structures to be used
|
|
|
|
5 Species for cultivation
|
|
|
|
6 Location of aquaculture proposed
|
|
|
|
Any person may, during the period of 4 weeks from the date of publication
of this notice, make written submissions or observations to the Minister for
the Marine and Natural Resources in relation to the proposed aquaculture.
Any such submissions or observations should be furnished to the Department
of the Marine and Natural Resources (Coastal Zone Administration Division), Leeson Lane, Dublin 2, within that period.
|
|
|
|
All submissions or observations received on foot of public notice
procedures will be made available to the applicant for comment.
|
|
|
|
Details of the application, which include a site plan of the area and
drawings of the proposed works and structures, may be inspected at the Garda Station at ........................7
between the hours of .........8
|
|
|
|
7 Address of Garda Station
|
|
|
|
8 Times for inspection
|
|
|
|
FOURTH
SCHEDULE
|
|
|
|
Regulation 12(3)(a).
|
|
|
|
PUBLIC NOTICE
|
|
|
|
PUBLICATION
OF FURTHER INFORMATION RECEIVED IN RESPECT OF AN ENVIRONMENTAL IMPACT
STATEMENT PUBLISHED IN CONNECTION WITH AN APPLICATION FOR AN AQUACULTURE
LICENCE UNDER THE FISHERIES (AMENDMENT) ACT, 1997 (NO. 23)
|
|
|
|
NOTICE IS HEREBY GIVEN pursuant to Regulation 12 of the Aquaculture
(Licence Application) Regulations, 1998, and section 19 of the Foreshore
Act, 1933 , that .............................. 1
of................................ 2 has on the request of the
Minister for the Marine and Natural Resources furnished further information
in respect of the environmental impact statement published on
..................... 3 in connection with an application to for
permission to place ................... 4 within an area of
foreshore at............................ 5 in connection with the
cultivation of ............... 6
|
|
|
|
1 Name of applicant
|
|
|
|
2 Address of applicant
|
|
|
|
3 Date of publication
|
|
|
|
4 Structures to be used
|
|
|
|
5 Location of proposed aquaculture
|
|
|
|
6 Species for cultivation
|
|
|
|
A copy of the further information may be inspected free of charge at the Garda Station at .............. 7, at the
following times .......... 8 for a period of one month from the
date of publication of this notice or purchased from ............. 9
at a cost of £......... 10 per copy during the same period.
|
|
|
|
7 Address of Garda Station
|
|
|
|
8 Times for inspection
|
|
|
|
9 Name of applicant
|
|
|
|
10 Cost of copy of EIS
|
|
|
|
Any person may, during the period of 4 weeks from the date of publication
of this notice, make written submissions or observations to the Minister for
the Marine and Natural Resources in relation to the further information. Any
such submissions or observations should be furnished in writing to the
Department of the Marine and Natural Resources (Coastal Zone Administration
Division), Leeson Lane, Dublin 2, within that
period.
|
|
|
|
All submissions or observations received on foot of public notice
procedures will be made available to the applicant for comment.
|
|
|
|
GIVEN under my Official Seal, this 30th day of June, 1998
|
|
|
|
Michael Woods.
|
|
|
|
Minister for the Marine and Natural Resources.
|
|
|
|
EXPLANATORY NOTE
|
|
|
|
These Regulations establish, with effect from the 30th day of June 1998,
procedures in relation to the making of applications for aquaculture
licences and trial licences, including provisions for public notice and
consultation, and also procedures for renewal and review of aquaculture
licences, under the Fisheries (Amendment) Act, 1997 (No. 23).
|
|
|
|
|