48Cancellation of fish farm licence

48 Cancellation of fish farm licence

(1)  [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] [Section 48 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may decide to cancel a fish farm licence if satisfied that–

(a) the kind or species of fish to which the licence relates are not being produced in the quantities as to warrant the continuance of the licence; or

(b) the holder of the licence has no substantial interest in the fishery to which it relates; or

(c) any condition of the licence has not been complied with; or

(d) [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] the holder of the licence has been convicted of –

(i) an offence under this Act; or

(ii) any other offence the Director considers relevant; or

(e) [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] the holder of the licence has failed to pay any relevant fee.

(2)  [Section 48 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not decide to cancel 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 48 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] Before cancelling a fish farm licence, the Director is to serve a notice on the holder of the licence stating–

(a) the grounds on which the licence is to be cancelled; and