EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 1 January 2025 to Current

EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016

Article

1             Interpretation. 3

2             Amounts of fees. 3

3             Refund or reduction of fees. 4

4             Citation. 4

Table of Legislation History. 5

Table of Endnote References. 5

EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016

1        Interpretation

In this Order a reference to a Regulation by number only is to the Regulation of that number in the EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016.

2        Amounts of fees

(1)     The fee payable for an application under Regulation 4 for an authorization is £258.[1]

(2)     Subject to paragraph (5), the fee payable by an operator of an aquaculture production business for an inspection, by way of surveillance falling within Regulation 6(1)(c), is –

(a)     £112.70, if the surveillance relates solely to fish; or

(b)     £198.80, if the surveillance relates wholly or partly to molluscs or crustaceans.[2]

(3)     The fee payable for an application under Regulation 7(3)(b) for an amendment of an authorization is £115.[3]

(4)     The fee payable for an application under Regulation 10 for registration is £172.[4]

(5)     If a relevant inspection is carried out by a third party who charges the Minister for that inspection, the fee payable by the relevant operator is an amount equal to the amount so charged.

(6)     For the purpose of paragraph (5) –

(a)     a relevant inspection is an inspection, test or official examination that falls within Regulation 38(1)(b), including an inspection falling within paragraph (2);

(b)     a third party is a person who is not –

(i)      an inspector, or

(ii)      a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005; and

(c)     the relevant operator is the operator of the business, establishment, installation, fishery or other concern in respect of which the relevant inspection was carried out.

3        Refund or reduction of fees

(1)     If a fee is paid under Article 2(1), (3) or (4), but the application is withdrawn before its determination, the Minister may refund all or part of that fee.

(2)     A fee payable under Article 2(1) or (2) (an “aquaculture fee”) is to be reduced by any amount paid as a fee under Article 4 of the Animal Welfare (Licence Fee) (Jersey) Order 2008 (a “welfare fee”) if –

(a)     the welfare fee is paid at the same time as, or within a year before, the payment of the aquaculture fee; and

(b)     the welfare fee is, or was, paid on an application for a licence to undertake an activity that is intended to form part of the operation of the aquaculture production business for which the aquaculture fee is paid.

(3)     A fee payable under Article 2(4) (a “registration fee”), for registration of a specialist transport business, is to be reduced by any amount paid as a fee (a “transport fee”) under Article 1(1) or (2) of the Community Provisions (Welfare of Animals during Transport) (Fees) (Jersey) Order 2014, if –

(a)     the transport fee is paid at the same time as, or within 5 years before, the payment of the registration fee; and

(b)     the transport fee is, or was, paid on an application for an authorization in relation to an activity that is intended to form part of the operation of the specialist transport business for which the registration fee is paid.

(4)     For the purpose of paragraphs (2) and (3), if the amount by which a fee is to be reduced is greater than that fee, then the effect is merely that no fee is payable, and those paragraphs are not to be construed as requiring any amount to be paid to the person by whom the fee would otherwise have been payable.

4        Citation

This Order may be cited as the EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016.

Endnotes

Table of Legislation History

Table of Endnote References