Sea-Fisheries and Maritime Jurisdiction Act 2006

(b) the legal obligations of the State in relation to sea-fisheries arising under any law of an institution of the European Communities to give effect to the common fisheries policy or other international agreement which is binding on the State (whether or not such legal obligation is the subject of regulations under the Act of 1972 or any other enactment).

Chapter 6

74. Register of Fishing Boats.

74.— (1) The Register of Fishing Boats continues in existence as the Register of Fishing Boats (“Register”) for the purposes of this section and shall continue to be maintained by the Registrar General of Fishing Boats in such form as he or she considers appropriate (including in an electronic or other non-documentary form) and shall be revised or amended as he or she considers necessary from time to time.

(2) There continues to be a registrar of fishing boats known as the Registrar General of Fishing Boats (“Registrar General”).

(3) The Registrar General shall be appointed by the Minister who may remove him or her from office for stated reasons.

(4) The Minister may appoint, and terminate for stated reasons the appointment of, a Deputy Registrar General of Fishing Boats (“Deputy Registrar General”) to act for or perform the functions of the Registrar General during any absence from duty or inability to act of the Registrar General or as the Registrar General may from time to time direct. References in this Chapter to the Registrar General shall be read as including references to the Deputy Registrar General.

(5) The persons who immediately before the passing of this Act hold the position of Registrar General and Deputy Registrar General shall be the first Registrar General and Deputy Registrar General under this section.

(6) There continue to be local registrars of sea-fishing boats for such ports as provided for in the Regulations of 2005 unless otherwise provided for in regulations under section 76.

75. Registration, lettering and numbering of sea-fishing boats.

75.— (1) Subject to subsections (2) and (3), every Irish sea-fishing boat shall be entered in the Register and shall be lettered and numbered in accordance with regulations under section 76 and with any Community law, or other international obligations which are binding on the State, for the time being in force.

(2) In the interests of the proper management of the capacity of Irish sea-fishing boats, in accordance with—

(a) the requirements of the Community law, or other international obligations which are binding on the State, or

(b) any regulations under section 76,

the Registrar General may enter a sea-fishing boat in the Register or remove it from the Register.

(3) (a) A sea-fishing boat shall not be entered in the Register unless at the time of the entry there is in relation to the boat a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the boat’s being so registered.

(b) A ship which is a sea-fishing boat shall not be registered under the Act of 1955 unless, at the time of registration, there is in relation to the ship a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the ship’s being so registered.

(4) (a) A certificate of registration shall be issued in respect of a boat entered in the Register.

(b) The certificate of registration shall be carried on board the boat in respect of which it is issued.

(c) A certificate of registration issued in respect of a particular boat, or a certificate signed by the Registrar General that a boat specified in the certificate is not entered in the Register, is sufficient evidence that the boat is or is not registered, as the case may be.

(5) (a) In any proceedings against the owner or skipper of or any person belonging to any boat entered in the Register, or for the recovery of damages for injury or loss caused by such boat, the Register shall be evidence (unless the contrary is shown) that the person entered in the Register at any date as the owner or owners of the boat was or were the owner or owners of the boat at that date and that the boat is an Irish sea-fishing boat.

(b) Paragraph (a) does not—

(i) prevent any proceedings being instituted against any person not so entered who is beneficially interested in the boat,

(ii) affect the rights of the owners among themselves, or affect the rights of any owner entered in the Register against any person not so entered who is beneficially interested in the boat, or

(iii) otherwise confer, take away or affect any title to or interest in any boat.

(6) If an Irish sea-fishing boat is used for sea-fishing and—

(a) is not entered in the Register, but is required to be so entered,

(b) is entered in the Register, but there is not on board the boat the certificate of registration issued in respect of that boat (or a copy of that certificate), or

(c) is not lettered and numbered in accordance with regulations under section 76 and Community law, or other international obligations which are binding on the State, applicable to the lettering and numbering of that boat,

the master and the owner of the boat each commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(7) If a sea-fishing boat required to be entered in the Register is not so entered, it shall not be entitled to any of the privileges or advantages of an Irish sea-fishing boat, but all obligations, liabilities and penalties with reference to that boat and the punishment of offences committed on board the boat, or by any persons belonging to it, and the jurisdiction of sea-fisheries protection officers or other officers and courts shall be the same as if the boat were entered in the Register.

(8) For so long as a ship which but for subsection (3) would be required to be registered under the Act of 1955 is not so registered, section 18(3) of that Act applies to that ship as if it were required by section 18(1) of that Act to be so registered.

76. Regulations.

76.— The Minister may make regulations for the registration, lettering and numbering of sea-fishing boats so as to—

(a) provide for a system of registry, lettering and numbering of sea-fishing boats and the making of details of registration available to the public,

(b) define the boats or classes of boats to which the regulations or any of them are to apply and the exemption of any boats or classes of boats from the regulations or any of them,

(c) provide further for the appointment, functions and removal of local registrars,

(d) specify procedures for application for registration and for entry of a sea-fishing boat in the Register,

(e) specify procedures and methods for determining the dimensions and tonnage of sea-fishing boats,

(f) specify procedures for the removal of a sea-fishing boat from the Register,

(g) make such provision as is necessary to ensure compliance with an obligation relating to the registration of sea-fishing boats, the marking and numbering of sea-fishing boats, the measurement of sea-fishing boats and the determination of the tonnage and engine power of sea-fishing boats imposed by or under Community law or other international obligations which are binding on the State,

(h) require (with the consent of the Minister for Finance) the payment of such fee before an application for registration or removal of a sea-fishing boat from the Register can be considered, or

(i) provide for any other necessary matters relating to the registration of sea-fishing boats and the removal of sea-fishing boats from the Register.

77. Fees.

77.— (1) Every fee received by the Department under section 76 shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(2) The Public Offices Fees Act 1879 does not apply to a fee required under section 76.

78. Continuance of Regulations of 2005.

78.— The Regulations of 2005, if in operation on the passing of this Act, continue in force as if made under section 76.

79. Miscellaneous offences involving sea-fishing boats.

79.— (1) If a foreign sea-fishing boat is found within the exclusive fishery limits without having on board official papers evidencing the nationality of the boat, the master of the boat commits an offence.

(2) If any sea-fishing boat within the exclusive fishery limits fails to observe the provisions, relating to lights to be carried and exhibited, of the regulations for the prevention of collisions at sea made under section 418 of the Act of 1894, and applicable to the boat, the master and the owner of the boat each commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000.

80. Definitions (Chapter 6).

80.— In this Chapter—

“certificate of registration” means a certificate signed by the Registrar General stating that the Irish sea-fishing boat to which it relates is entered in the Register;

“Regulations of 2005” means Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 2005 (S.I. No. 261 of 2005);

“sea-fishing boat licence” means a licence granted under section 4 (inserted by section 97) of the Act of 2003.

PART 3 Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State

81. Definitions (Part 3).

81. F53[…]

82. Territorial seas.

82. F54[…]

83. Outer limit of territorial seas.

83. F55[…]

84. Contiguous zone.

84. F56[…]

85. Baseline.

85. F57[…]

86. Internal waters.

86. F58[…]

87. Exclusive economic zone of State.

87. F59[…]

88. Exclusive fishery limits of State.

88. F60[…]

89. Jurisdiction in case of offence.

89. F61[…]

90. Prosecution of non-national for offence on foreign ship.

90. F62[…]

91. Saving as to jurisdiction.

91. F63[…]

92. Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits.

92. F64[…]

93. Adaptation of enactments.

93. F65[…]

94. Laying of orders before Houses of Oireachtas.

94. F66[…]

PART 4 Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005

Chapter 1

95. Provisions in relation to cases in District Court.

95.— Section 309 of the Principal Act is amended by substituting for subsection (1) (inserted by section 49 of the Fisheries Act 1980) the following:

“(1) Notwithstanding anything contained in any other enactment, an offence under the Fisheries Acts 1959 to 2006, other than theSea-Fisheries Acts 2003 and 2006, may be heard and determined in a summary way by a judge of the District Court upon the complaint, verbal or otherwise, of a member of the Garda Síochána, the Central Board, a regional board, an officer or employee of a board, a private waterkeeper (within the meaning of Part XVIII) or any other person.”.

96. Prosecution of summary offences — Fisheries Acts 1959 to 2006.

96.— (1) Proceedings for an offence under the Fisheries Acts 1959 to 2006 may be prosecuted summarily by the Minister.

(2) This section does not apply to the Sea-Fisheries Acts 2003 and 2006.

Chapter 2

97. Sea-fishing boat licences.

97.— (1) The following section is substituted for section 4 of the Act of 2003:

“4.— (1) This section applies to any Irish sea-fishing boat.

(2) A sea-fishing boat to which this section applies shall not be used for sea-fishing (whether within the exclusive fishery limits of the State or otherwise) nor shall a person on board such a boat fish for sea-fish or attempt so to fish, save under and in accordance with a licence (‘sea-fishing boat licence’) granted or renewed for the purposes of this section and in relation to the boat by the licensing authority.

(3) (a) The licensing authority may grant sea-fishing boat licences for such period as is specified in the licence.

(b) An application for a sea-fishing boat licence shall be—

(i) made to the licensing authority,

(ii) in such form and contain such particulars as the licensing authority may specify, and

(iii) made by or on behalf of the owner of the boat in respect of which the application is made.

(c) Where an application is made for a sea-fishing boat licence, the licensing authority may, subject to subsection (5), allow or refuse the application.

(d) In deciding on the grant or refusal of a sea-fishing boat licence or the attachment of terms and conditions to licences the licensing authority may take account of economic and social benefits which the operation of a boat would be likely to contribute to the coastal communities and regions which the quotas within the meaning of Council Regulation No. 2371/2002 of 20 December 2002 ^3 are designed to benefit, including—

(i) the projected annual number of landings at ports in the State,

(ii) the projected annual tonnage and value of fish landed in the State,

(iii) the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services, and

(iv) the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat, and the protection, conservation and sustainable exploitation of living marine aquatic species and requirements of the Common Fisheries Policy of the European Communities.

(4) (a) The licensing authority may renew a sea-fishing boat licence, without the holder or the licensee making an application under subsection 3(b), for such period or periods as he or she may consider appropriate.

(b) Section 7 of this Act does not apply to the renewal of a licence under paragraph (a).

(5) The licensing authority shall not grant a sea-fishing boat licence unless the sea-fishing boat in relation to which the licence is granted is wholly owned by a national of a Member State or a state belonging to the European Economic Area or a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State or a state belonging to the European Economic Area.

(6) Where a sea-fishing boat is owned by a body corporate, the name, address and nationality of the beneficial owner or owners of the shares in, or of the person or persons who otherwise controls or control, the body corporate, shall be given to the licensing authority—

(a) on application for a sea-fishing boat licence in respect of the boat, or

(b) where a sea-fishing boat licence is in force in respect of the boat, if there is any change in such ownership or control.

(7) (a) A body corporate which is applying for a sea-fishing boat licence or holds a sea-fishing boat licence must have an agent in the State and give the licensing authority the name and address of the agent and details of contacting the agent at any time by or on behalf of the licensing authority.

(b) The licensing authority may, as the case may be, refuse to grant or suspend (for such period as he or she sees fit) or revoke a sea-fishing boat licence where he or she considers that a body corporate is not complying with paragraph (a) to the satisfaction of the authority.

(8) (a) The licensing authority may attach to a sea-fishing boat licence such terms (including terms specifying an event or other circumstances on the occurrence of which the licence is to come into force or cease to be in force) and conditions (including conditions precedent to the licence’s becoming operative) as he or she shall think fit and he or she may also attach further terms or conditions to or vary the terms or conditions already attached to such a licence or remove any such terms or conditions.

(b) Without prejudice to the generality of paragraph (a), a term or condition attached to a sea-fishing boat licence may—

(i) restrict sea-fishing by the boat to which the licence relates in a manner specified in the term or condition,

(ii) require that for so long as the licence is in force the members of the crew of such boat, or of any proportion of such members specified in the condition, shall be of a nationality specified in the term or condition, or

(iii) specify an event or other circumstance on the occurrence of which the licence shall cease to be in force.

(c) Where the licensing authority is satisfied that a person has fished in contravention of a term or condition attached to a sea-fishing boat licence or that a person has attempted so to fish, the licensing authority may, if he or she thinks fit, revoke or suspend (for such period as he or she sees fit) the licence.

(9) (a) It is a condition of a sea-fishing boat licence that the licensee shall ensure that the licensed boat complies with requirements specified by or under the Merchant Shipping Acts 1894 to 2005.

(b) Where by or under the Merchant Shipping Acts 1894 to 2005 a survey is required to be carried out of a sea-fishing boat for the purpose of establishing whether or not such boat complies with the requirements specified by or under those Acts, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless the licensing authority is satisfied that the boat complies with such requirements.

(c) Where a code of practice published by the Minister for Transport relating to the safety and sea-worthiness of sea-fishing boats of a class to which paragraph (b) does not apply requires a survey to be carried out of a sea-fishing boat of such class for the purpose of establishing whether or not such boat complies with the requirements specified in the code of practice, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless a declaration of compliance with the code of practice has been provided to the licensing authority.

(10) (a) The holder of a sea-fishing boat licence suspended or revoked under subsection (7)(b) or (8)(c) shall, as soon as practicable, surrender the licence to the licensing authority.

(b) A person who fails to comply with paragraph (a) of this subsection commits an offence and is liable on summary conviction to a fine not exceeding €500.

(c) Where a licence has been suspended under subsection (7)(b) or (8)(c) the District Court may, upon application to it, direct the licensing authority to re-issue and return the licence or it may reduce the period of suspension.

(11) Without prejudice to the generality of subsection (3)(c) where the licensing authority receives an application for a sea-fishing boat licence and—

(a) the application relates to a sea-fishing boat which is owned by a body corporate and the licensing authority is not satisfied that the body corporate is under the control of, beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body, or

(b) the licensing authority is satisfied that the applicant has previously used or attempted to use a sea-fishing boat for sea-fishing in contravention of, or that the applicant has fished for sea-fish or has attempted so to fish contrary to, subsection (2),

he or she may refuse the application.

(12) (a) Where the holder of a sea-fishing boat licence—

(i) ceases to be the owner of the sea-fishing boat to which the licence relates, or

(ii) is a body corporate which ceases to be under the control of or beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body,

the licence ceases to have effect and the holder of the licence shall, as soon as practicable, deliver the licence to the licensing authority.

(b) A person who fails to comply with paragraph (a) commits an offence and is liable on summary conviction to a fine not exceeding €500.

(13) (a) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) commits an offence.

(b) A person who, while on board a sea-fishing boat, fishes for sea-fish or attempts to so fish in contravention of subsection (2) commits an offence.

(14) In this section—

‘Irish sea-fishing boat’ means a sea-fishing boat which is—

(a) entered in the Register of Fishing Boats maintained under section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006,

(b) required by regulations under section 76 of that Act to be so entered, or

(c) exempt from such registration by regulations under that section;

‘qualified body’ means a body corporate in which all of the shares are beneficially owned, or the body is otherwise controlled, by one or more individuals who, or, as may be appropriate, each of whom is, a qualified individual;

‘qualified individual’ means an individual person who is a national of a Member State or a state belonging to the European Economic Area;

‘licensing authority’ has the meaning assigned to it by section 3;

‘Member State’ means a Member State of the European Communities.’’.

(2) A sea-fishing boat licence granted or renewed under section 222B of the Principal Act which is in force immediately before the passing of this Act continues in force as if made or renewed under the corresponding provision of section 4 (inserted by this section) of the Act of 2003.

98. Tax clearance certification requirement for applicants for sea-fishing boat licences.

98.— (1) The following section is inserted after section 5 of the Act of 2003:

“5A.— (1) A sea-fishing boat licence shall not be granted by the licensing authority unless the applicant produces to the licensing authority a tax clearance certificate.

(2) In this section ‘tax clearance certificate’ means a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997.”.

(2) This section comes into operation on such day as the Minister may appoint by order. That order shall be laid before each House of the Oireachtas as soon as may be after it is made.

99. Miscellaneous amendments to Act of 2003.

99.— The Act of 2003 is amended—

(a) in section 2(1) by substituting “section 4(3)” for “section 222B(3) of the Principal Act”,

(b) in section 3—

(i) by substituting for subsection (3) the following:

“(3) A policy directive given under subsection 2(b) may provide for measures to control and regulate the capacity, structure, equipment, use and operation of sea-fishing boats for the purpose of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species or the rational management of fisheries, in furtherance of national policy objectives and to comply with requirements of the common fisheries policy of the European Communities or other international obligations which are binding on the State.”,

(ii) in subsection (6), by substituting “section 4” for “section 222B of the Principal Act”,

(iii) in subsection (9)(a), by substituting “section 4(3)” for “section 222B(3) of the Principal Act”,

(iv) in subsection (9)(b), by substituting “section 4(3)” for “section 222B(3) (inserted by section 4)”,

(v) by inserting after subsection (9) the following:

“(9A) The licensing authority is not liable in any proceedings for anything done in good faith in the purported exercise of his or her powers in relation to granting or renewing sea-fishing boat licences or maintaining the Register of Fishing Boats.”,

and

(vi) in section 3(10), by substituting “section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “Regulation 5 of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 1997 (S.I. No. 294 of 1997)”,

(c) in section 5—

(i) by substituting for paragraph (b) of subsection (1) the following:

“(b) an authorisation under section 13 or a licence, authorisation or permit under any regulation made under section 14 or 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or section 25 of the 2003 Act,”,

(ii) by substituting for paragraph (b) of subsection (2) the following:

“(b) an authorisation under section 13 or a licence, authorisation or permit under any regulation made under section 14 or 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or section 25 of the 2003 Act,”,

(iii) in subsection (4), by substituting “licensing authority, the Minister or an appeals officer” for “licensing authority or the Minister”, and

(iv) by inserting after subsection (6) the following:

“(7) The Public Offices Fees Act 1879 does not apply to a fee prescribed under this section.”,

(d) in section 6, by substituting for subsection (4) the following:

“(4) A policy directive given under subsection 3(b) may provide for measures to control and regulate the capacity, structure, equipment, use and operation of sea-fishing boats for the purpose of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species or the rational management of fisheries, in furtherance of national policy objectives and to comply with requirements of the common fisheries policy of the European Communities or other international obligations which are binding to the State.”,

(e) in section 7(1), by substituting for paragraph (b) the following:

“(b) A person other than the applicant for or holder of the licence concerned may only appeal under paragraph (a) if he or she made representations in writing to the licensing authority before the expiration of a period of one month beginning on the date on which the application for the licence concerned was published by the licensing authority in accordance with section 3(8).”,

(f) in section 9(2)(a), by substituting “section 4” for “section 222B of the Principal Act”,

(g) in section 25, by substituting for subsection (3) the following:

“(3) A person who fishes or attempts to fish in contravention of any conservation regulation commits an offence.”,

(h) in section 27, by substituting for subsection (5) the following:

“(5) A person who fails to comply with subsection (3)(a) commits an offence.”,

(i) in section 29(1), by substituting “under a section specified in a Table to section 28 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “under section 221, 222, 222A, 222B, 222C, 223, 223A, 224B, 226 or 227 of the Principal Act, a conservation regulation or section 27(5)”,

(j) in section 32, by inserting after subsection (6) the following:

“(6A) The Public Offices Fees Act 1879 does not apply to a fee prescribed under this section.”,

and

(k) in paragraph 7(d) of Schedule 1, by substituting “section 4” for “section 222B of the Principal Act”.

Chapter 3

100. Amendment of Act of 1955.

100.— The Act of 1955 is amended—

(a) by inserting after section 16 the following:

“Persons qualified to own registered sea-fishing ships.

16A.— (1) Section 16 of this Act does not apply to sea-fishing ships.

(2) Subject to section 19 of this Act respecting reciprocating states, the following shall alone be qualified to own a registered sea-fishing ship or a share in it—

(a) the Government,

(b) a Minister of the Government,

(c) a national of a Member State, or

(d) a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State.

(3) Every ship to which the provisions of subsection (2) apply shall be registered under this Act unless the ship is exempt under section 18(2) of this Act from the obligation to so register.

(4) In this section, ‘ Member State’ means a Member State of the European Communities.”,

(b) in section 18(2), by inserting after paragraph (d) the following:

“(e) a sea-fishing boat of less than 15 metres in length overall and required to be registered in the Register of Fishing Boats maintained under section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or exempt from such registration by regulations under section 76 of that Act.”,

and

(c) in section 19—

(i) by inserting after subsection (2) the following:

“(2A) Notwithstanding subsection (2) of this section, the Government may by order provide that the citizens, subjects or nationals of a state declared under subsection (1) of this section to be a reciprocating state or bodies corporate established under and subject to the laws of that state shall—

(a) be qualified to own only a registered ship (or a share in it) which is of a particular class or description specified in the order, or

(b) not be qualified to own a registered ship (or a share in it) which is of a class or description so specified,

and subsection (2) of this section is to be construed and have effect subject to the terms of the order.”,

and

(ii) subsection (3), by deleting “subsection (1) of”.

Chapter 4

101. Miscellaneous amendments to Fisheries (Amendment) Act 1997— aquaculture.

101.— The Fisheries (Amendment) Act 1997 is amended—

(a) in section 6(2), by substituting—

(i) “€300” for “£200”, and

(ii) “€2,000” for “£1,000”,

(b) in section 10, by substituting for subsection (4) (inserted by Regulation 17 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)) the following:

“(4) Where the submission to the Minister of an environmental impact statement is required under regulations made under subsection (3)(d) in respect of an application for a licence, the Minister, if requested by the applicant, shall, after consultation with such persons as the Minister considers appropriate, give a written opinion to the applicant of the information to be contained in the statement, before the applicant submits the statement.”,

(c) by inserting after section 19 the following:

“Renewal of licence after its expiration.

19A.— (1) The power of the licensing authority to renew or to further renew an aquaculture licence under section 19 is exercisable notwithstanding the expiration of the period for which the licence was granted or renewed.

(2) Where, prior to the passing of the Sea-Fisheries and Maritime Jurisdiction Act 2006, an aquaculture licence has been renewed or further renewed after the expiration of the period for which the licence was granted or renewed, such renewal shall be and be deemed always to have been as valid and effectual as if the licence had been renewed or further renewed on the expiration of the period in question.

(3) If, because of the validation expressed to be effected by subsection (2), that subsection would, but for this subsection, conflict with a constitutional right of any person, the validation shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.

(4) A licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.”,

(d) in section 34, by substituting for subsection (6) the following:

“(6) Where the Minister is satisfied that a member of the Board has failed to comply with subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take such other action as he or she considers appropriate and, in case a person is removed from office pursuant to this subsection, he or she shall thereafter be disqualified from membership of the Board.

(7) Where the Board is satisfied that a person who is not a member of the Board has failed to comply with subsection (1), the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(8) For the purposes of this section a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter.”,

(e) in section 57(6), by substituting “€600” for “£500”,

(f) in section 65—

(i) by substituting for subsection (2) the following:

“(2) A person guilty of an offence under subsection (1), section 6(1), 20 or 67(2) is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

(2A) A person guilty of an offence (other than an offence under a provision mentioned in subsection (2) or under section 6(2) or 57(6)) is liable on summary conviction to a fine not exceeding €2,000.”,

and

(ii) by inserting after subsection (3) the following:

“(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (1) or section 6(1) may be instituted within 12 months from the date on which the offence was committed.”,

(g) by inserting after section 65 the following:

“Offence by body corporate, etc.

65A.— Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of such body) such other person as well as the body, or the person so purporting to act on behalf of the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Prosecutor may appeal dismissal of proceedings in District Court.

65B.— (1) Where any proceedings tried summarily in the District Court for an offence under this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the judge of the Circuit Court within whose Circuit the courthouse in which the order was made is situated.

(2) The judge of the Circuit Court on an appeal under subsection (1) may vary, confirm or reverse the order and his or her decision is final and conclusive and not appealable.”,

(h) by inserting after section 67 the following:

“Reduction in licensed area, etc.

67A.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, reduce the area or permitted aquaculture or both to which the licensee’s licence relates, absolutely or for such period as the Minister specifies in writing and the licence shall have effect and be noted accordingly in the register of licences maintained under section 78.

Permission of use of novel or experimental equipment by licensee.

67B.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, permit the licensee to use novel or experimental equipment within the licensed area for such period as the Minister specifies in writing. Such permission shall be granted only if the Minister is satisfied that the use of the novel or experimental equipment will have no greater environmental or visual impact than that which existed prior to the introduction and use of such equipment and shall be noted in the register of licences maintained under section 78.”,

(i) in section 68(1) and (2), by deleting “and section 69(2)”, and

(j) by substituting for section 69 the following:

“Cesser of aquaculture licences in certain circumstances.

69.— (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.”.

Chapter 5

102. Amendment of section 4 of Fishery Harbour Centres Act 1968.

102.— Section 4 of the Fishery Harbour Centres Act 1968 is amended by—

(a) inserting the following subsection after subsection (2):

“(2A) (a) Any ship or boat in respect of which any rate, toll or other charge payable pursuant to an order under subsection (2)(b) is in arrears may not be disposed of without the consent of the Minister.

(b) A reference in this subsection and in subsection (2) to a ship or boat includes the capacity of it.”,

and

(b) deleting subsection (8).

Chapter 6

103. Amendment of Dumping at Sea Act 1996.

103.— The Dumping at Sea Act 1996 is amended—

(a) in section 1—

(i) by inserting the following definitions:

“‘exclusive economic zone of the State’ and ‘inland waters and territorial seas of the State’ have the meanings assigned by Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006;”,

(ii) by substituting for the definition of “the maritime area” the following:

“‘the maritime area’ comprises—

(I) the inland waters and territorial seas of the State, and the seabed and subsoil beneath them,

(II) any area for the time being standing designated by order under section 2 of the Continental Shelf Act 1968 for the purposes of that Act, and the waters above it, and

(III) the exclusive economic zone of the State;”,

and

(iii) by deleting the definition of “territorial seas of the State”,

(b) in section 6(1), by substituting for paragraph (f) the following:

“(f) Every member of the Permanent Defence Forces (not below the rank of leading seaman or corporal) for the time being serving on board any ship, vessel or aircraft belonging to or employed in the service of the State shall be an authorised officer for the purposes of this Act.”,

(c) in section 10(2)(b), by inserting after “Attorney General” the following:

“or the Director of Public Prosecutions, from the day appointed by an order made under section 12 (inserted by section 103 of the Sea-Fisheries and Maritime Jurisdiction Act 2006) of this Act,”,

and

(d) by inserting the following section after section 11:

“Prosecution of offences by DPP.

12.— (1) The Government, on the request of the Attorney General, may by order appoint a day from which the Director of Public Prosecutions, subject to subsection (2), is the prosecutor, in lieu of the Attorney General, of offences under this Act. That order shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) Any proceedings which have been instituted in the name of the Attorney General before the commencement of an order under subsection (1) are still pending and have not been determined before that commencement continue in the name of the Attorney General after that commencement.

(3) Section 11 of this Act standsrepealed upon the commencement of an order made under subsection (1).”.

Chapter 7

104. Amendment of Maritime Safety Act 2005.

104.— The Maritime Safety Act 2005 is amended—

(a) in section 2(1), by substituting “Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “the Maritime Jurisdiction Act 1959 (as amended by the Maritime Jurisdiction (Amendment) Act 1988)”,

(b) in section 17(1), by substituting “Part” for “Act”,

(c) in section 36(1)(a), by substituting “any of the matters referred to in section 35(1)” for “the safe operation, or any of the matters referred to in subsection (1)”,

(d) in section 38—

(i) in subsection (1), by substituting the following paragraphs for paragraph (c):

“(c) securing safe navigable routes,

(cc) securing that search and rescue and search and recovery operations can be conducted safely, or”,

and

(ii) in subsection (3), by substituting the following paragraph for paragraph (d):

“(d) the temporary prevention of or restriction on the navigation of vessels within a specified area or specified areas, or the establishment and maintenance of a temporary exclusion zone around a vessel, structure or other thing that is sunk, wrecked, damaged or in distress, for the purposes of allowing any directions or actions under this section to be carried out safely, and”,

and

(e) in section 46(2), by substituting “sections 23, 24, 37 and 38” for “sections 23 and 24”.