Written answers

Thursday, 17 October 2019

Department of Agriculture, Food and the Marine

Aquaculture Licence Administration

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
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243. To ask the Minister for Agriculture, Food and the Marine the reason a decision was never made on licences (details supplied) in over 20 years; and if he will make a statement on the matter. [42810/19]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The applications referred to by the Deputy are currently under consideration by my Department in accordance with the applicable legislation.

As the applications are under consideration as part of a statutory process, it would not be appropriate for me to comment further at this time.

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
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244. To ask the Minister for Agriculture, Food and the Marine the reason there are so many licenced shellfish areas which are unused (details supplied). [42811/19]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The application referred to by the Deputy is currently under consideration by my Department in accordance with the applicable legislation.

As the application is under consideration as part of a statutory process, it would not be appropriate for me to comment further at this time.

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
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245. To ask the Minister for Agriculture, Food and the Marine the reason licences (details supplied) have active mussel licences despite being unused for years. [42812/19]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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With one exception, the applications referred to by the Deputy are currently under consideration by my Department in accordance with the applicable legislation.

As these applications are under consideration as part of a statutory process it would not be appropriate for me to comment further at this time.

In the case of T05/306A, my Department’s records indicate that this application was withdrawn in 2005.

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
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246. To ask the Minister for Agriculture, Food and the Marine the policy with regard to unused aquaculture licences; and if he will make a statement on the matter. [42813/19]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Section 69 of the Fisheries (Amendment) Act 1997 sets out the legislative position in regard to unused aquaculture sites.

Section 69 of the Act states:

"(1) (a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has not commenced within 2 years after the date on which the licence was granted, the licence ceases to have effect.

(b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has not been commenced or cannot commence within the period specified in paragraph (a), may apply to the Minister, giving those reasons, for a determination that the licence concerned shall not cease to have effect.

(c) The Minister may, at his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not the licence shall cease to have effect. The determination of the Minister is final.

(2) (a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has ceased for a continuous period of 2 years, the Minister shall, without compensation to the licensee, revoke the licence.

(b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has ceased or is likely to cease for the period referred to in paragraph (a), may apply to the Minister, giving those reasons, for a determination not to revoke the licence.

(c) The Minister may, in his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not to revoke the licence. The determination of the Minister is final.

(d) This subsection is deemed to have come into operation on 30 June 1998.”

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