Classification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex
37 Classification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex
For the purposes of a prescribed fee relating to a licence—
a licence (other than a corresponding licence) is to be classified by the Minister as a category A, category B, category C or category D licence by reference to the Minister's reasonable assumptions as to the level of effort involved in the administration and enforcement of the
Act and these regulations in relation to the aquaculture authorised by the licence (with category A representing the least effort and category D the greatest), having regard to the following:
the scale and intensity of farming to be carried on under the licence;
any discharge of water from the licence area and the treatment of that water prior to discharge;
whether or not the species to be farmed are native to the locality of the licence area;
the susceptibility of the species to be farmed to notifiable disease within the meaning of the Livestock Act 1997;
any other matters considered relevant by the Minister;
and
the Minister may vary the classification of a licence by written notice to the licensee; and
the Minister must classify each variation of licence conditions as a simple, standard or complex variation having regard to the extent to which the variation involves factors affecting the ecological sustainability of aquaculture authorised by the licence, including—
whether the variation involves any of the following:
a change in the species to be farmed;
an increase in the scale or intensity of farming;
a change in the type of farming structures or method used;
a change that will require reclassification of the licence as a category A, category B, category C or category D licence; and
in addition, in the case of a corresponding licence, a consideration of the following:
whether the licence area is in an aquaculture zone (where risks affecting ecological sustainability have been more generally assessed);
whether the licence area has previously been farmed;
whether the licence area is being varied.
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