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FISHERIES REGULATIONS 1992
172Licence conditional on construction
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172 Licence conditional on construction
(1) The Director may, on receipt of an application for an Aquaculture
licence, grant the licence on condition that the aquaculture facility to
which the licence relates is constructed or altered in accordance
with the specifications or plans accompanying the application under
regulation 161(c), as modified by the conditions or requirements, if
any, imposed by the Director.
(2) The conditions referred to in subregulation (1) may include a
requirement that construction or alteration take place in stages and
at times determined by the Director.
(3) At the completion of a stage of construction or alteration determined
by the Director under subregulation (2), the Director or a person
authorised by the Director for that purpose shall examine the
aquaculture facility and, if satisfied that the construction or
alteration complies with the specifications or plans referred to in
subregulation (1) for that stage of construction as determined in
accordance with subregulation (2), shall certify that construction or
alteration may proceed to the next stage.
(4) Where:
(a) the Director or a person authorised by the Director:
(i) has inspected the aquaculture facility at a stage of
construction specified in the licence and cannot certify
that construction or alteration may proceed to the next
stage or that the facility, when completed, would be
constructed or altered in accordance with the
requirements of subregulation (1); or
(ii) at any time during the period in which the licence is valid
has reasonable grounds for concluding that the
aquaculture facility will not be constructed or altered in
accordance with those requirements; or
Fisheries Regulations 1992 148
(b) the licensee has breached another condition of the licence or
committed an offence under the Act;
the Director may, if he or she thinks fit, refuse to permit the
construction or alteration of the aquaculture facility to continue to
the next stage and the licensee shall, notwithstanding any other
provision in these Regulations, cease to be permitted to take,
purchase, breed, hold, process or sell fish or aquatic life under the