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3.—(1) Subject to paragraph (2) the Department shall not grant a fish culture licence as regards fish farming in marine waters where the proposed development will be likely to have significant effects on the environment by virtue inter alia of its nature, size or location unless it has, in accordance with the requirements of these Regulations, taken into consideration all environmental information in respect of the proposed development.
(2) Paragraph (1) shall not apply where the Department grants a fish culture licence in accordance with a decision of the Appeals Commission following an appeal under section 11A(4)(b)(1) of the Fisheries Act (Northern Ireland) 1966.
Section 11A was inserted by Article 6 of the Fisheries (Amendment) (Northern Ireland) Order 1991
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