11Exemption from Act

11 Exemption from Act

[Section 11 Substituted by No. 7 of 2007, s. 7, Applied:30 Apr 2007]

(1)  The Minister, by instrument in writing, may exempt a person or a class of persons from any provision of this Act.

(1A)  [Section 11 Subsection (1A) inserted by No. 46 of 2017, s. 29, Applied:04 Dec 2017] The Minister must not, under subsection (1) , exempt a person or a class of persons from a requirement to hold a licence in relation to an activity, referred to in section 64(1)(a) or (c) , that relates to finfish farming.

(2)  The exemption may be granted on the Minister's own initiative or consequent on an application made by or on behalf of the person or class of persons.

(3)  The Minister, having regard to any relevant considerations, may grant the exemption –

(a) for such period not exceeding 3 years as the Minister thinks fit; and

(b) on such conditions, if any, as the Minister thinks fit.

(4)  The Minister, by instrument in writing, may at any time –

(a) vary the conditions of the exemption, if any; or

(b) revoke the exemption.

(5)  The Minister is to ensure that each person who has the benefit of the exemption is given adequate advance notice of the variation of its conditions or of its revocation.

(6)  However, in the case of a class exemption where not all members of the class are individually known, notice under subsection (5) may be given by means of a public notice.

(7)  The exemption remains in force until the first of the following occurs:

(a) the period for which the exemption has been granted expires;

(b) the exemption is revoked.

(8)  A person must not contravene a condition of an exemption granted under this section.