FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 133 Form, conditions, duration and variation of shell-fish fishery licence.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> FISHERIES ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 133

Form, conditions, duration and variation of shell-fish fishery licence.

133.(1) A shell-fish fishery licence

(a)shall define the position and limits of the licensed area by reference to a
map, either with or without descriptive matter (which, in the case of any
discrepancy with the map, shall prevail except in so far as may otherwise be
provided by the licence);

(b)without prejudice to subsection (2), may be subject to any conditions or
limitations specified in the licence; and

(c)subject to subsections (3) and (4),

(i)shall in the first instance be limited to a period of five years, and

(ii)on the expiration of that period shall, on the Department's being
satisfied that reasonable progress has been, and is likely to continue to be,
made in forming, developing and cultivating the shell-fish fishery, be renewed
for a further period specified by the Department in writing, not exceeding 30
years, and

<(iii)on the expiration of that period, on the Department's being satisfied as aforesaid, may be further renewed from time to time but not, on any occasion, for a period exceeding 30 years.


(2) Where any consent mentioned in section 131(4) was given subject to any
conditions or limitations, those conditions or limitations shall be specified
in the licence.

(3) Where a shell-fish fishery licence has been granted

(a)to the occupier (not being the owner) of a several fishery or of any land
included in the licensed area;

(b)to any person with the consent of such an occupier ,

(4) Where a shell-fish fishery licence is granted with the consent in writing
of any owner or occupier and a period is named in the consent, the licence
shall remain in force only for that period.

(5) Subject to subsection (6), a shell-fish fishery licence may be varied by
the Department

(a)on the Department's own motion, after consultation with the licensee,
within 10 years from the date on which the licence was granted (but not so as
to extend the licensed area); or

(b)on the application of the licensee at any time;

(6) A shell-fish fishery licence shall not be varied so as to affect any
conditions or limitations subject to which a consent under section 131(4) was
given, or any period named in such a consent, otherwise than with the consent
in writing of the person or authority who gave the consent or his or its
successor in title.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1966270/s133.html

Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 133