45Variation of fish farm licence

45 Variation of fish farm licence

(1)  [Section 45 Subsection (1) amended by No. 55 of 2002, s. 14, Applied:10 May 2003] [Section 45 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] Subject to subsections (6) and (7) , the Director may decide to vary a fish farm licence.

(2)  [Section 45 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] Before varying a fish farm licence, the Director is to serve a notice on the holder of the licence stating–

(a) the proposed variation; and

(b) that the holder may make oral or written representations in respect of the proposed variation; and

(c) the period during which representations may be made.

(3)  The period during which representations may be made is to be at least 28 days from the date of service of the notice.

(4)  [Section 45 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] After taking into account any representations, the Director may vary a fish farm licence by serving notice on the holder of the licence stating–

(a) any variation made; and

(b) the date on which any variation takes effect.

(5)  A variation of a fish farm licence takes effect –

(a) on a date not earlier than 28 days after service of the notice under subsection (4) if –

(i) an appeal is not made under section 58 or an appeal is abandoned; or

(ii) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 ; or