Sea-Fisheries and Maritime Jurisdiction Act 2006

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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”.