41Grant of fish farm licence

41 Grant of fish farm licence

(1)  [Section 41 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 41 Subsection (1) substituted by No. 55 of 2002, s. 12, Applied:10 May 2003] The Director may grant an application for a fish farm licence if satisfied that –

(a) the applicant is a fit and proper person to hold the licence; and

(b) there are no environmental or resource constraints on doing so; and

(c) the applicant has paid any prescribed application fee; and

(d) it is appropriate to do so.

(1A)  [Section 41 Subsection (1A) inserted by No. 55 of 2002, s. 12, Applied:10 May 2003] In determining whether an applicant is a fit and proper person to hold a fish farm licence, the Director must consider whether the applicant –

(a) has contravened this Act; and

(b) has committed any offence the Director considers relevant.

(2)  [Section 41 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not grant an application for a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(3)  [Section 41 Subsection (3) amended by No. 55 of 2002, s. 12, Applied:10 May 2003] The Director must refuse to grant an application for a fish farm licence if not satisfied as required under subsection (1) .

(4)  [Section 41 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing, is to notify the applicant of the grant or refusal to grant the application.