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131.(1) Where the Department grants to any person a fish culture licence under
section 11 authorising the operation of a fish farm for the culture of
shell-fish of any kind at a place specified in the licence, the Department
may, in accordance with the provisions of this Part, grant to that person a
further licence (a "shell-fish fishery licence") conferring on him the
exclusive right of cultivating shell-fish of that kind within any area
specified in the shell-fish fishery licence ("the licensed area") which is at
that place.
(2) Subject to subsections (3) and (4), the licensed area may include any part
of the foreshore or any part of the bed of the sea or an estuary.
(3) A shell-fish fishery licence shall not specify any area in which the
Department is satisfied the public exercise a substantially profitable fishing
for shell-fish.
(4) A shell-fish fishery licence shall not specify any area
(a)which forms part of the foreshore or the bed of the sea or an estuary,
unless the licence is granted with the consent of the Secretary of State;
(b)which forms part of the Crown Estate or is subject to rights exercisable by
the Crown in right of the Crown Estate, unless the licence is granted with the
consent of the Crown Estate Commissioners;
(c)which forms either part of the foreshore or part of the bed of the sea or
an estuary owned or lawfully occupied by a person other than the Crown, unless
the licence is granted to, or with the consent of, the owner or occupier of
that part of the foreshore or that part of the bed of the sea or the estuary;
(d)which is within the limits of a several fishery, unless the licence is
granted to, or with the consent of, the owner or occupier of that fishery.
(5) In subsection (4) "consent" means consent in writing.
© 1966 Crown Copyright
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