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Aquaculture Management Act, 2003 (Act No. 15 of 2003).

Country
Type of law
Legislation
Source


Abstract
The Act consists of 41 sections divided into 6 Parts: Preliminary (I); General Aquaculture Management (II); Authorisations for Aquaculture (III); Protection of the Environment (IV); Enforcement (V); Miscellaneous (VI).
Section 2 contains interpretations. "Aquaculture" means any operation involving the husbandry, cultivation, propagation or farming of fish, during the whole or part of its life cycle and includes any operation in preparation for any aquaculture or other related activity. The terms and phrases defined in the Fisheries Management Act 2003 shall be given the same meaning in this Act, unless otherwise specified under this Act. The Minister of Fisheries shall be responsible for the control, management and development of aquaculture (sect. 3). He or she shall prepare an aquaculture management and development plan under section 4, may declare any area to be an aquaculture area by Notice in the Gazette (sect. 5) and may declare any area to be a development buffer zone (sect. 6). The Minister may allocate aquaculture areas or buffer zones to local communities or coastal communities (“Designated Communities”). The Minister shall remain responsible for areas and zones that are not allocated under section 8. No person shall undertake any activity which is listed in a notice issued under sections 5 or 6 as a restricted activity within a buffer zone or an aquaculture area without the prior written consent of the Minister. The Minister may, in consultation with the Aquaculture Advisory Committee, established under section 11, issue and publish codes of practice. Aquaculture and related activities shall only be conducted: (a) by persons who hold an aquaculture development licence or other authorisation issued in accordance with this Act; (b) within aquaculture areas; and (c) in accordance with this Act and any regulations or orders made under this Act (sect. 12). Sections 13 to 25 concern authorization of aquaculture operations. Application for aquaculture development licence or other authorisation shall be made to the Minister under section 13 in the prescribed form. An aquaculture development licence shall be valid for the period stated in the licence which shall not exceed 10 years and shall be subject to general conditions prescribed by law or specific conditions imposed by the Minister (sect. 17). The Secretary for Fisheries shall keep a register of licences and authorizations pursuant to section 20. Provisions of Part III concern also sanctions in case of non compliance with licence conditions or rules prescribed by law. Holders of licences shall take all reasonably practical measures to void and minimize pollution caused by aquaculture or related activity. The Minister may require by notice a holder of a licence to take specified measures. In determining what measures are reasonably practical, the Minister or a court shall take into consideration any code of practice, standards or guidelines issued under this Act (sect. 26). If the Minister suspects effects of aquaculture detrimental to the environment, he or she may commission an assessment of the environmental impact by a qualified independent person (sect. 27). No person shall introduce or import, possess, breed, sell or export any fish designated by the Secretary under section 28 as exotic fish without the written authorisation of the Secretary and no person shall import, possess, sell or culture any genetically modified fish or use any genetically modified fish in aquaculture or related activity without the written authorisation of the Secretary. Importation of live fish and release of aquaculture products requires the permission of the Minister (sect. 30). The Minister may designate Aquaculture Officers under section 31. Regulation 41 defines regulation making powers of the Minister.
Long title of text
An Act to provide for the management and development of aquaculture in the Kingdom and other matters incidental thereto.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No