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Aquaculture Licences Appeals Board

Kilminchy Court
Dublin Road
Portlaoise
Co. Laois R32 DTW5
Tel: (057) 8631912
Email: info@alab.ie

New Appeals Lough Swilly, Co Donegal

Appeal Reference NoSubject Matter of AppealAppellantBoard Decision and Date Documentation
AP2/2018 (pdf 3,723Kb)  Appeal against the decision of the Minister for Department of Agriculture, Food and the Marine to grant an Aquaculture and Foreshore Licence for the cultivation of Mussels/Pacific Oysters at Site Refs: T12/37 A1, T12/37 A2, T12/37 B1, T12/37 B2, T12/37 B3, T12/37 B4, T12/37 C, Lough Swilly  Lough Swilly Shellfish Growers Co-Operative Society Limited Pending determination  
AP3/2018 (pdf 182Kb)   Appeal against the decision of the Minister for Department of Agriculture, Food and the Marine to grant an Aquaculture and Foreshore Licence for the cultivation of Mussels/Pacific Oysters at Site Refs: T12/37 A1, T12/37 A2, T12/37 B1, T12/37 B2, T12/37 B3, T12/37 B4, T12/37 C, Lough Swilly  Coastwatch Ireland  Pending determination   
AP4/2018 (pdf 287Kb)   Appeal against the decision of the Minister for Department of Agriculture, Food and the Marine to grant an Aquaculture and Foreshore Licence for the cultivation of Mussels/Pacific Oysters at Site Refs: T12/37 A1, T12/37 A2, T12/37 B1, T12/37 B2, T12/37 B3, T12/37 B4, T12/37 C, Lough Swilly  Adrien Weir  Pending determination  
AP5/2018 (pdf 3,740Kb)   Appeal against the decision of the Minister for Department of Agriculture, Food and the Marine to grant an Aquaculture and Foreshore Licence for the cultivation of Mussels/Pacific Oysters at Site Refs: T12/343 Lough Swilly  Lough Swilly Shellfish Growers Co-Operative Society Limited  Pending determination  

Re: AP2/2018, AP3/2018, AP4/2018 and AP5/2018:  In accordance with Section 45(1) a person who is not a party may make submissions or observations in writing to the Board in relation to an appeal. Such submissions or observations may be made on or before 23 April 2018. As provided for in Section 45(2) any submissions or observations received by the Board after the expiration of this period shall not be considered by it.

Update re AP2/2015 Shot Head – 10 April 2018

The Oral Hearing Report in this Appeal recommended that additional information be sought by the Board before it makes a determination. The Board has now obtained some of that information.  Arising from the Report at no 3 below, relating to birds, the Board formed the opinion that information was necessary for the purpose of enabling it to determine the appeal, and accordingly it served a Notice on the Marine Institute pursuant to s.47(1)(a) of the Fisheries (Amendment) Act 1997 ("the Act").  A response to that Notice has now been received. 

Accordingly the following are at the following link:

http://www.alab.ie/boarddeterminations/2015/scheduleofdocuments/

  1. Report dated 24th November, 2017 by Dr. Graham Saunders, comprising a Supplementary Briefing Note assessing the potential impact of the proposed Aquaculture on otter, in particular in respect of its status as a species of interest in the nearby Glengarriff Harbour and Woodland Special Area of Conservation (SAC);
  2. Report dated 1st February, 2018 by Alex Coram of St Andrews Marine Research comprising a Supplementary Briefing Note assessing the potential impact of the proposed Aquaculture on the common seal populations in particular in respect of its status as a species of interest in the nearby Glengarriff Harbour and Woodland SAC;
  3. Report dated 5 February, 2018 by Dr. Tom Gittings comprising a Supplementary Briefing Note assessing the potential impact of the proposed Aquaculture upon wild birds within nearby SPAS;
  4. Notice to Marine Institute dated 27 February 2018 issued by the ALAB Board pursuant to section 47(1) (a) of the Act; and
  5. Response of the Marine Institute dated March 28, 2018 to the section 47 Notice referred to at no 4 above.

Section 46(1)(a) of the Act provides that the Board may, if it is of the opinion that in the particular circumstances of an appeal, it is appropriate in the interests of justice to request a party who has made submissions or observations to the Board in relation to the appeal to make submissions or observations in relation to the above documentation. Submissions or observations have been sought and are to be provided to the Board by 1 May 2018.

Update re AP1/1-4/2017 and AP6/1-2/2017 Braade Strand, Gweedore, Co Donegal

Two further appeals (namely AP6/1-2/2017) against a decision by the Minister for Agriculture, Food and the Marine to grant a licence on Site T12/461A, in the same bay as the existing 9 appeals (namely AP1-4/2017). The Board has decided to exercise the discretion granted to it pursuant to section 42 of the Fisheries (Amendment) Act 1997, treat two or more appeals as, and the appellants as parties to, a single appeal. Accordingly the two new appeals shall be consolidated with the existing appeals and it is the intention of the board to determine all the appeals together. 

In that context the Board reviewed the timescale for determination of this appeal and has formed the view it will not be in position to determine the Appeals (namely AP1-4/2017) by 31 December 2017, due to the inclusion of the new appeals. Accordingly the Board hereby gives notice, as provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, that it is the intention of the Board that these Appeals will be determined by 31 May 2018.

 

 


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