Oireachtas Joint and Select Committees

Thursday, 10 April 2014

Joint Oireachtas Committee on Agriculture, Food and the Marine

Aquaculture Licences Appeals Board: Chairman Designate

10:10 am

Ms Imelda Reynolds:

Yes, absolutely. Under the 1997 Act, there is a complete separation between the Minister who makes the decision and a party to a licence. A party to a licence or a third party can appeal the decision. The Act sets out processes whereby an appeal has to be lodged within one month of a decision being made. If an appeal is made, the Aquaculture Licenses Appeals Board notifies the Minister and timelines are prescribed in the legislation in that regard. The Aquaculture Licenses Appeals Board is an independent authority and reviews the decisions of the Department. It has three options in this regard: it can affirm the decision made and reject the appeal; it can vary the decision, or impose other conditions. To all intents and purposes, it seems from what I have read about the legislation that it is effectively a re-hearing.

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