Overview of the Appeal Process

Applications for an aquaculture licence are made to the Minister for Agriculture, Food and the Marine. The Minister issues a decision on whether to grant, grant with variation or refuse the application and the decision is published on the Government website at Aquaculture/Foreshore Licence Decisions 

https://www.gov.ie/en/collection/94568-aquaculture-licence-decisions/

and is also published in a local newspaper relevant to the area in which the aquaculture site is situated.

In accordance with the Fisheries (Amendment) Act 1997, any person aggrieved by a decision of the Minister on an aquaculture licence application, or by the revocation or amendment of an aquaculture licence, may make an appeal within one month of publication (in the case of a decision) or notification (in the case of revocation/amendment).

The ‘one month of publication’ is timed from when the Minister’s decision is published in a local newspaper.

Stages of an Appeal

An appeal submitted to ALAB goes through the stages outlined below each of which corresponds to one or more sections of the Act.

Stage 1: Receipt of appeal

Once an appeal is received, it is verified by the ALAB Secretariat and brought to the attention of the Board at the next Board meeting (sections 40 & 41)

The Board notifies the Minister of the Appeal and requests the relevant DAFM file (section 43)

The Board notifies the other parties that an appeal has been received (section 44)

The Appeal, the DAFM file and the Notification of Appeal to the parties are published on the ALAB website (section 40.9)

Stage 2: Observation timeframe

Observations by Parties: Under section 44 of the Act, the Minister and each other party (except the appellant) may make submissions or observations in writing to the Board in relation to the appeal within a period of 30 days from when the Notification of Appeal is sent to the party (Section 44.2).

The period for submitting Observations by a party to the Appeal begins on the day on which a copy of the Notice of Appeal is sent to that party (Section 44.2).

Note: In the case of two or more appeals relating to the one decision of the Minister (normally one aquaculture site), an appellant may not make submissions in relation to their own appeal. However, they may submit observations on the grounds of appeal submitted by another appellant. 

Observations by Non-Parties: Under section 45 of the Act, any person or organisation (who is not a party to the Appeal) may make submissions or observations in writing to the Board in relation to the appeal within a period of 30 days of when the Notice of Appeal is published on the website (Section 44.2).

The period for submitting Observations by a person or organisation begins once the Appeal is published on the website and is normally thirty days from the date of publication (Section 45.2).

Stage 3: Information Gathering

To facilitate its consideration of an appeal, the Board may gather further information.

The scientific assessment of an aquaculture site is undertaken either by the Board’s internal Technical Advisor or by an external Technical consultant. This advice is presented to the Board in the form of Reports such as:

• Site Visit Report
• Technical Advisor’s Report
• Technical Advisor’s Supplementary Report
• Section 46 of the Act allows the Board to request submissions or observations from a party, Observer or other prescribed organisations.
• Section 47 allows the Board to request submission of documents or other information from a Party to the appeal or an Observer.

Stage 4: Determination Pending

Once the Board has gathered all the information it considers necessary, it reviews that information before arriving at a Determination.

Stage 5: Determination

Once the Board has reached its decision it issues a Determination to the applicant for the licence and issues a copy of the Determination to all Parties and Observers.

In the event that ALAB grants a licence where the Minister had refused the application, ALAB issues its own licence to the applicant.

Similarly, ALAB will issue its own licence in circumstances where ALAB varies the conditions attached to a licence as previously granted by the Minister.

The Judicial Review Process

In accordance with section 73 of the Fisheries (Amendment) Act 1997 (as amended), the only way to question a determination of the Board on an appeal is by way of Judicial Review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

An application to the High Court for leave to apply for judicial review must be made within three months commencing on the date on which the determination was made.

The High Court will not grant leave for judicial review unless it is satisfied that:

• The applicant has a sufficient interest in the matter which is the subject of the application or
• The applicant is a body or organisation the aims of which relate to the promotion of environmental protection and that body or organisation has pursued those aims during the period of 12 months preceding the application.

The Court will not grant leave to apply for judicial review unless it is satisfied that there are substantial grounds for contending that the decision or determination of the Board is invalid or ought to be quashed.