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S.L. 425.12 · Aquaculture Operations Regulations (S.L. 425.12)

S.L. 425.12 Art. 5Issue, refusal, suspension or termination of a permit. 

In KraftAmtlicher Text

(1) The Director may issue a permit to an operator when a complete and correct application is submitted together with the applicable fee under regulation 4(4):

 Provided that, for the purposes of these regulations, the operator alone shall be responsible for all aspects of the aquaculture establishment and its aquaculture operations and this shall be so for any act or omission as may be committed or omitted by himself or by any other persons under his direction or not:

Provided further that the Director may refuse to issue a permit if there exist good and compelling reasons for such a refusal. The Director shall always give reasons for refusing a permit.

(2) Prior to issuing a permit the Director shall consult with any relevant competent authority that has a direct interest in the permitting of the Aquaculture operation

(3) When taking his decision, the Director shall consider the financial viability of the operation, its environmental impact, all relevant information and authorisations, Government policy and strategy on aquaculture and the availability of an adequate site for a concession that can be allocated to the applicant in accordance with the Act and these regulations.

(4) Without prejudice to articles 26 and 27 of the Act, the Director may prescribe such conditions as he deems fit for the issue and validity of a permit issued under these regulations.

(5) The permit document shall include those conditions required by the Director for its validity and for conformity thereto.

(6) The permit shall be valid for a period of twenty-five (25) years:

Provided that the continuation of a permit is subject to compliance by the operator with all of the conditions referred to under sub-regulations (4) and (5):

Provided further that an operator shall, at all times, be in possession of valid permits as required by the Environment and

Resources Authority, in accordance with the Environment Protection

Act.

(7) Without prejudice to any other applicable law, no changes to the aquaculture establishment and its aquaculture operations may be made unless previously authorised in writing by the Director.

(8) Upon issuing a permit, the Director shall include the location and the relevant geographical co-ordinates of the aquaculture establishment in the Aquaculture Operations Register established under regulation 6.

(9) The issue of a permit according to these regulations shall not exempt the holder of such permit from the obligation of obtaining any other permit or licence which may be required under any other law.

(10) The Director may revise the conditions laid down in the permit in order to address any undesirable impacts emanating from the operation of the aquaculture establishment that were not adequately addressed through the permitting process. (11) Repealed by Legal Notice 211 of 2026.

(12) Repealed by Legal Notice 211 of 2026.

(13) Repealed by Legal Notice 211 of 2026.

(14) All complete permit applications, once submitted, shall be processed within 12 months from submission of application, unless further information is requested.

Änderungsgeschichte
  • Amended by L.N. 211 of 2026