These Regulations implement requirements of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC insofar as that Directive relates to an assessment of the environmental effects of certain projects in respect of fish farming in marine waters.
The Regulations require the Department of Agriculture and Rural Development to decide on an application for a fish culture licence as regards fish farming in marine waters, and where: (a) any part of the proposed development is to be carried out in a sensitive area; or (b) the proposed development is designated to hold a biomass of 100 tonnes or greater; or (c) the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
As for environmental impact consultation regarding proposed development, the Regulations make provision for the information of the public and appeals against decisions of the Department with the Water Appeals Commission.