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Fisheries Regulations (Northern Ireland) 2014
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PART 3APPEALS TO THE MAGISTRATES COURT AGAINST THE REFUSAL OF THE DEPARTMENT TO ISSUE OR RENEW A FISHING LICENCE
15. Where the Department proposes to revoke a fishing licence or refuse to issue or renew a fishing licence, it shall give to the licence-holder or the person applying for issue or renewal of a fishing licence (in this Part referred to as “the applicant”) at least 14 days prior notice in writing of its intention so to do, and before revoking the fishing licence or refusing to issue or renew a fishing licence shall consider any representations in relation thereto made by or on behalf of the licence-holder or, as the case may be, the applicant before the expiration of the time specified in the notice.
16. Where the Department revokes a fishing licence or refuses to issue or renew a fishing licence, it shall serve on the person whose fishing licence has been revoked or (as the case may be) the applicant notice of the revocation or refusal to issue or renew the fishing licence, and shall inform such person of their right of appeal under this Part and of the time within which the appeal may be brought.
17. Where the Department revokes a fishing licence or refuses to issue or renew a fishing licence, the person to whom notice under regulation 16 has been given may appeal to the magistrates court within 14 days beginning with the date on which such notice is served on them.
18. An appeal under this Part shall be initiated by notice to be signed by the appellant or their agent and sent to the magistrates court and the Department.
19. Where on an appeal under this Part, the magistrates court reverses the Department’s decision, the Department shall forthwith issue to the appellant or renew the fishing licence in respect of which the application was made, or (as the case may be) restore the fishing licence which was revoked.
20. Regulations 15 to 19 shall not apply where the licence-holder or applicant has, in consideration of compensation paid or payable by the Department, consented to the revocation of the licence or (as the case may be) undertaken not to make any further applications for a fishing licence of the class the issue or renewal of which has been applied for.
21. When a fishing licence has been revoked under these Regulations the licence-holder shall within 14 days of a request sent from the Department to do so, return the licence together with any copies thereof, to the Department.
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