S.I. No. 236/1998 - Aquaculture (Licence Application) Regulations, 1998

S.I. No. 236 of 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 Power to request further submissions, etc., and to declare submissions withdrawn.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.

FIRST SCHEDULE

Information to be contained in an Environmental Impact Statement

SECOND SCHEDULE

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)

THIRD SCHEDULE

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)

FOURTH SCHEDULE

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:

1 Citation

1.

1. These Regulations may be cited as the Aquaculture (Licence Application) Regulations, 1998.

2 Commencement

2.

2. These Regulations shall come into operation on the 30th day of June, 1998.

3 Interpretation

3.

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.

4 Making an application

4.

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.

5 Environmental impact statement required for certain applications

5.

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.

6 Procedure on receipt of application

6.

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.

7 Further information

7.

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.

8 Applicant to give public notice of application and to make environmental impact statement available

8.

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.

9 Right to make submissions, etc., concerning the application

9.

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.

10 Notice to certain bodies of receipt of application and their right to make submissions, etc

10.

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.

11 Notice to certain bodies of environmental impact statement and their right to make submissions, etc

11.

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.

12 Consideration of submissions and furnishing of information concerning environmental impact statements

12.

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.

13 Notice to Member States of the European Community

13.

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.

14 Applicant's comments on submissions and observations

14.

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.

15 Power to request further submissions, etc., and to declare submissions withdrawn

15.

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.

16 Revised plans, etc

16.

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.

17 Withdrawal of application

17.

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.

18 Advising the applicant of Minister's decision

18.

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.

19 Publication of Minister's decision

19.

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.

20 Additional notice in certain cases

20.

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.

21 Revocation or amendment of aquaculture licences

21.

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.

22 Failure to comply with these Regulations

22.

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

^10Cost 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).