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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 132

Application for shell-fish fishery licence.

132.(1) An application for a shell-fish fishery licence shall be made to the
Department in such form and manner as the Department may direct and shall be
accompanied by any consents required by section 131(4) (a), (c) or (d).

(2) On considering an application for a shell-fish fishery licence

(a)if the Department is minded to grant the licence it shall

(i)publish, at the applicant's expense, notice of the application in the
Belfast Gazette and in such two or more newspapers as the Department considers
appropriate, stating the address to which and the period (not being less than
one month from the date of publication) within which objections in writing to
the grant of the licence may be sent to the Department; and

(ii)if any objections (not being, in the opinion of the Department, vexatious,
frivolous or insubstantial) are received within that period and not withdrawn,
and are not such as, without further inquiry, to cause the Department to
become minded not to grant the licence, cause a local public inquiry to be
held as to the expediency of granting the licence; and

<(iii)before deciding whether or not to grant the licence, consider the report of the person who held the inquiry;


(b)if, after the holding of a local public inquiry under paragraph (a)(ii),
the Department decides not to grant the licence, the Department shall give to
the applicant a written notification of the reasons for its decision;

(c)if, otherwise than after the holding of a local public inquiry, the
Department is minded not to grant the licence it shall

(i)give to the applicant a written notification of the reasons why it is so
minded;

(ii)accord to the applicant an opportunity of appearing before and being heard
by a person appointed for the purpose by the Department; and

<(iii)before deciding whether or not to grant the licence, consider the report of the person so appointed;


(c)and if it decides not to grant the licence the Department shall give to the
applicant a written notification of the reasons for its decision.


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© 1966 Crown Copyright

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