The following table summarizes the relevant authorizations
THE RELEVANT AUTHORIZATIONS/PERMITS TO ENGAGE IN AQUACULTURE OPERATIONS
| Permits | Issuing authority | Applicability | Authorities consulted | Authorizing Legislation | Purpose | Problem areas |
| Aquaculture licence | Director of DOF • The Fiscal Officer - in case of SBA | Any person The establishment and operation of a fish farm is prohibited without a licence | Regulation 20 of the Fisheries Regulations 1991 | The purpose is to ensure that several factors (competence; environmental; sanitary; etc.) are given thorough consideration during aquaculture project planning and execution | - Definition of waters subject to the Fisheries Legislation - Permit application will not be processed until EIS/EIA review is complete - The applicant must generate required info and perform necessary analysis - Regulatory burdens of fishery legislation are inappropriate for aquaculture | |
| Planning permission | The Ministry of Interior, namely the Town and Country Planning Department | The permission is required for any development in Cyprus in, on, over or under immovable property in the Republic of Cyprus | All Government Depts. which might be concerned by the “development” which a person seeks to undertake are informed and consulted. | Town and Country Planning Act, 1972 | The purpose is to regulate land development in general and implicitely to preserve the environment. The permission is a precondition to the right to engage in the use or development of land | - Uncertainty surrounding the information required when submitting an application - The confusing interpretation of certain terms “immovable property”, “land”, “water” - Length of consultation procedure - Absence of current guidance in the Ministry of Interior defining where the need for EIA depends on - Aquaculture is not recognized as an activity sui generis in the existing development plans |
| Building permit | District Officer or the Mayor in case of municipalities | Layout of streets, erection, division, alteration, etc. of buildings | Ministry of Interior P.S. No building permit will be issued without first obtaining a Planning Permission | The Streets and Building Act, Cap. 96 | Legal instrument to direct and control any development in Cyprus, and more particularly the construction, alteration of any building, drainage and sewerage, fire prevention, etc. | - The strict implementation of the development plans is likely to be hindered and biased by the conflict of powers existing between the District Officers or Mayors and the TCPD - The District Officer should not take final actions untill the TCPD has granted the Planning Permission |
| Foreshore permit | District Officer Minister of Interior District Officer Council of Ministers | For removal of stones, shingles, sand For erection of structures For Placing of any craft, caravan, cart, business goods, business materials In exceptional circumstance for erection of any building in special areas | The DOF is most likely to be consulted in all cases | The Foreshore Protection Law, Cap. 69, 1934 | The purpose is to protect, conserve and regulate the developments on the foreshore area and to minimize man-induced impacts on natural shoreline processes | - Zoning of the foreshore area - Competition of other users and political and economic interests - Risk of overlap between other authorizations for occupation of land - Need for coordination and collaboration between District Officer and Minister of Interior as to consolidated permits |
| The Piers Licence | The Council of Ministers | The erection, re-creation or extension or attempts to do so of any pier, wharf or getty upon the foreshore or extending into the territorial waters of the Republic | Not known The DOF is most likely to be consulted to advise on the usefulness of erecting a pier, jetty or wharf for the intended aquaculture purposes | The Piers Law, Cap. 78, 1947 | The purpose is to regulate the erection of piers, wharfs, etc. and at the same time to preserve the coastline | - Difficulties to obtain such a licence given the issuing authority - Overlapping with the permits existing under the Foreshore Protection Law as the construction of a pier often involves the use of the foreshore area and so far, no EA was requested to obtain such a licence - Overlap with the Marina Law and Regulations |
| The wells/bore hole licence under the Wells Law | District Officer | To sink or construct a borehole or a line of wells in one's own land; to widen, deepen or likewise extend any existing well | Water Authorities | The Wells Law, Cap. 351, 1946 | The purpose is to regulate the building of impoundment works for the use/supply of underground water | - Water conservation areas and controlled areas |
| a licence for the use of water | District Officer or Irrigation Associations at local level | To use such water resources, mainly surface water | The Ministry of Agriculture and Natural Resources, and more specifically WDD, the Ministry of Interior, the Ministry of Finance are likely to be consulted | See main report | The purpose is to establish and control domestic water supply and irrigation projects and provide regulation and administration of all water legislation | - Tangled webs of competent authorities at central, intermediate and local level - Absence of management of use of seawater - No clear guidance as to use of water for fish farming purposes |
| Right to undertake impounding works | District Officer Irrigation Divisions Irrigation Associations | To begin, to construct or alter impounding works or allow anybody to do so | Idem | For instance, Water (Development and Distribution) Law (Cap. 348); Irrigation Division Villages Law, Cap. 342 | The purpose is to manage and secure maintenance and operation of water works | |
| Use licence | The Council of Ministers | The use of the lakes, rivers, streams and water courses which are not privately owned and the basins, beds or channels thereof, and “any land from which the sea or the water of any such lake has recided” | Not known | The Immovable Property of the Republic (dispositions) Regulation | The purpose is to regulate the disposal of Government land | - Lengthy procedure when the Council of Minister has to decide. Decisions applicable to all reservoirs - Piecemeal approach to deal with water resources - Overlap with foreshore laws as “Land from which the sea has receded” might now constitute the foreshore |
| Discharge consent | Minister of Labour and Social Insurance | Prevention of the Waters of Cyprus i.e. inland waters and all waters of the sea out to the territorial limit of Cyprus | Minister of Agriculture and Natural Resources and the Technical Committee on Environmental Protection | The Control of Water Pollution Law, No. 69/91 | The purpose is to control and protect the quality of the Cyprus Waters from pollution in general and more particularly from industrial sources. The discharge consent allows the fish farmers to avoid blame for causing any pollution | - Scope of the Law - Coordination between the Fishery Legislation and the present one - Its relevance for fish farming - Procedural aspects such as transferability of the consent, reasons of/or variation or revocation of the consent; fixing of fees - The discharge consent is issued for a limited period of time, with no guarantee of renewal. It therefore adds a degree of uncertainty to the future of any fish farm project |
| Authorization to import live fish eggs or live fish Authorization to put into any inland waters, any fish or fish eggs | DOF DOF | To import into the Republic live fish eggs or live fish at any stage of growth To introduce into any inland Cyprus waters fish or fish eggs | - - | Fisheries Law, Cap. 135, Reg. 16 Idem | Measures to regulate import of live fish eggs The purpose is to regulate transfers of fish between Cyprus' inland waters | - Who might be guilty of an offence: the fishfarmer, his employee who effectively introduces the fish, the importer, etc. |
| Import permit | Veterinary Department of the Ministry of Agriculture and Natural Resources The policy on fish imports is controlled by the DOF subject to review by the Permanent Advisory Committee for the Regulation of imports of Agricultural and Animal Products | To import and unloading animals, animal derivates, biological products and animal feed | - | The Regulation of Importation and Unloading of Animals, Animal Derivatives, Biological Products and Animal Feed Order, 1991 | The purpose is to prevent any introduction of animal disease | - It might be more appropriate to provide for special fish disease rules should aquaculture develop considerably. These rules are under revision. |
| Import licence | Ministry of Commerce and Industry | Any goods to be imported into Cyprus | - | Import/Export legislation | To regulate the import of goods into Cyprus | - |
