IE-1959-act-14 — Fisheries (Consolidation) Act 1959 | Law Reform

PART I. Preliminary and General. 1. — This Act may be cited as the Fisheries (Consolidation) Act 1959. 2. — (1) This Act (except the postponed provisions) shall come into operation on the 1st day of October, 1959. (2) The postponed provisions shall come into operation on such day (not being earlier than the 1st day of October, 1959) as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular provision, and different days may be so fixed for different such provisions. (3) In this section the expression “ the postponed provisions ” means the following provisions of this Act, namely section 16 , subsection (3) of section 24 , section 39 , section 61 , section 72 , sections 79 to 84 , sections 185 to 191 , subsection (1) of section 192 , subsection (2) of section 194 , sections 195 and 196 , sections 198 to 209 , sections 216 , 218 and 305 . 3. — (1) In this Act— F1 [ references to angling for salmon, trout and coarse fish, or references to angling for any such fish, shall be construed as references to angling with rod and line; ] the expression “ the annual close season for angling for salmon ” has the meaning assigned to it by subsection (1) of section 137; the expression “ the annual close season for angling for trout ” has the meaning assigned to it by subsection (1) of section 138; the expression “ the annual close season for eels ” has the meaning assigned to it by section 151; the expression “ the annual close season for pollen ” has the meaning assigned to it by section 148; the expression “ the annual close season for salmon and trout ” has the meaning assigned to it by section 126; the expression “ bag net ” includes a fixed engine of similar construction to a bag net; the word “ bay ” includes any harbour or roadstead; the word “ boat ” includes barge, cot, curragh or other vessel; the word “ box ”, in relation to a fishing weir or a fishing mill dam, includes a crib or cruive; the expression “ close season for oysters ” has the meaning assigned to it by subsection (1) of section 271; F1 [ the expression “ coarse fish ” means any freshwater fish or the spawn or fry thereof other than salmon, trout (including rainbow trout and char) or eels or their spawn or fry; ] F2 [ the expression "coarse fish rod ordinary licence" means an ordinary fishing licence to fish with rod and line for coarse fish; ] F2 [ the expression "coarse fish rod (annual) ordinary licence" means a coarse fish rod ordinary licence which is valid for a period of one year and is available for use in every fishery district; ] F2 [ the expression "coarse fish rod (twenty-one day) ordinary licence" means a coarse fish rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district; ] F2 [ the expression "composite freshwater angling ordinary licence" means an ordinary fishing licence to fish with rod and line for salmon, trout and coarse fish and which is valid for the period of one year and is available for use in every fishery district; ] F3 [ the expression "consequential disqualification order" has the meaning assigned to it by subsection (2)(b) of section 90, as amended by section 51 of the Fisheries Act 1980; ] the word “ dam ” means (except in section 115) dam, weir, dyke, sluice, embankment or other structure built or placed in or in connection with any river for or in connection with the sustaining of water for any purpose; the word “ day-time ” means the period between sunrise and sunset; F4 [ “deleterious matter" means any substance (including any explosive, liquid or gas) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish or to injure fish in their value as human food or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish; ] the expression “ District Justice ” means a Justice of the District Court; the expression “ draft net ” includes a seine; the word “ eel ” includes the fry and young of eels, commonly called elvers; the expression “ election year ” means the year F4 [ 1964 ] and every F4 [ fifth ] successive year thereafter; the expression “ electoral division ” means waters declared by subsection (2) of section 19 to be an electoral division for the purposes of this Act; the word “ estuary ” includes any harbour or roadstead; the word “ fish ” includes F5 [ all marine invertebrates, ] all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to a fish shall be construed as including references to part of that fish; the expression “ fish pass ” means a channel for the free run or migration of fish in, over or in connection with an obstruction in a river, lake or watercourse and includes a fish ladder or any other contrivance which facilitates the passage of fish; the expression “ fishery district ” means an area declared by subsection (1) of section 19 to be a fishery district for the purposes of this Act; the expression “ fishery rate ” means a rate— ( a ) struck by a board of conservators and confirmed by the Minister under section 55, or ( b ) struck by the Minister under the said section; the expression “ fishery year ” means the period of twelve months commencing on the 1st day of October in any year; the expression “ fishing engine ” means any engine, net or other instrument whatsoever capable of being used for the taking of fish; the expression “ fishing licence ”, when used without qualification, means a licence being either— ( a ) an ordinary fishing licence, or ( b ) a special local licence; the expression “ fishing mill dam ” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish and partly for the purpose of sustaining water for milling or other purposes; the expression “ fishing weir ” means any erection, structure or obstruction, which— ( a ) is fixed to the soil across or partly across a river, ( b ) is used solely for the purpose of taking or facilitating the taking of fish, ( c ) incorporates one or more openings wherein fish may be taken, and ( d ) is not a head weir; F6 [ “fixed engine” means any engine, being— ( a ) a stake net, ( b ) a bag net, ( c ) a fixed draft net, F7 [ ( cc ) a fixed long line, or ] ( d ) a head weir, or ( e ) any net, implement, engine or device, fixed to the soil or secured by one or more anchors or by any other means, and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir, a fishing mill dam or a drift net; ] the expression “ free gap ” means a free gap in a fishing weir in accordance with section 107; F2 [ the expression "freshwater rod ordinary licence" means a salmon rod ordinary licence, a trout rod ordinary licence, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence; ] the expression “ head weir ” means the fixed engine commonly called a head weir or an ebb and flow weir; the word “ heck ” means a grating mounted at the upstream end of a box in a fishing weir or fishing mill dam and so constructed as to prevent the passage of fish without obstructing the flow of water; the word “ inscales ” means a pair of gratings mounted at the downstream end of a box in a fishing weir or fishing mill dam and converging towards the centre in the upstream direction to form between the upstream ends a vertical gap, the effect of the arrangement being to permit the passage of fish into the box and hinder their escape therefrom; the expression “ lawful fishing engine ” means any fishing engine the use of which (except during particular times, in particular places or in a particular manner) is not prohibited by this Act or any bye-law made thereunder; the expression “ licence duty ” means— ( a ) in relation to an ordinary fishing licence, the licence duty payable for such licence, ( b ) in relation to a special local licence, in respect of special tidal waters, the special local licence duty payable for such licence; the expression “ the Minister ” means the Minister for Lands; references to the mouth of a river shall be construed as references to the mouth of that river as defined by an order under section 10; the expression “ non-scheduled engine ” means an engine of a kind not specified in the Fourth Schedule to this Act; the expression “ the October close period for angling ” means the period commencing on the 13th day of October and ending on the 31st day of that month; the expression “ offence under any provision of this Act ” means an offence under any section or subsection of this Act or any instrument made thereunder; the expression “ offence under the repealed enactments ” includes an offence against any instrument made under the repealed enactments; the expression “ officer of the Minister ” includes a servant of the Minister; the expression “ the operative date ” means the 1st day of October, 1959; the expression “ ordinary fishing licence ” means a fishing licence granted under Chapter I of Part VI; the expression “ ordinary licence duty ” means the duty payable under Chapter I of Part VI for an ordinary fishing licence; the word “ owner ” means any person who is in the actual possession or use and enjoyment of any land or fishery (as the case may be); the expression “ oyster fishing licence ” means a fishing licence granted under Chapter VI of Part XIV; the word “ prescribed ” means prescribed by regulations made by the Minister under this Act; the expression “ the repealed enactments ” means the enactments repealed by this Act; the word “ rivers ” includes tributaries of rivers and all other streams and watercourses; the expression “ rod and line ” means a single rod and line; the word “ salmon ” includes all fish of the salmon species, sea trout and the spawn and fry thereof; the expression “ salmon river ” means any river frequented by salmon; the expression “ salmon rod licence ” means a licence to fish with rod and line for salmon; the expression “ salmon rod ordinary licence ” means an ordinary fishing licence to fish with rod and line for salmon; the expression “ salmon rod (annual) ordinary licence ” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in every fishery district; F8 [ … ] the expression “ salmon rod (Foyle Area) licence ” means a salmon rod licence issued in pursuance of regulations made under the Foyle Fisheries Act 1952 (No. 5 of 1952), which is valid for a year; F8 [ … ] F8 [ … ] F8 [ … ] F1 [ the expression "salmon rod (twenty-one day) ordinary licence" means a salmon rod ordinary licence which is valid for the period of twenty-one days and is available for use in every fishery district; ] the expression “ scheduled engine ” means any engine of a kind specified in the Fourth Schedule to this Act; the expression “ scheduled trout waters ” means any river or lake or portion thereof declared by an order, made under section 79 and for the time being in force, to be scheduled trout waters for the purposes of this Act; the expression “ sea fisheries protection officer ” means a person declared by section 220 to be a sea fisheries protection officer; F2 [ the expression "season game fishing rod and line (Foyle Area) licence" means a licence to fish with rod and line for salmon and trout issued in pursuance of regulations made under the Foyle Fisheries Act 1952 (No. 5 of 1952), which is valid for a year; ] the expression “ several fishery ” means any fishery lawfully enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person, whether in navigable waters or in waters not navigable, and whether the soil covered by such waters be vested in such person or in any other person; the expression “ special local licence ” means a licence granted under section 74 in respect of special tidal waters; the expression “ special local licence duty ” means the duty payable under section 74 for a special local licence granted in respect of special tidal waters; the expression “ special tidal waters ” means any tidal waters in respect of which an order, made under section 7, is for the time being in force; the expression “ stake net ” includes a stake weir and any fixed engine of similar construction to a stake net; F1 [ the word "trout", when used without any qualification includes— ( a ) all fish of the brown trout kind, ( b ) rainbow trout and char— (i) in Part VI, (ii) in any other provision, when that provision also applies to salmon and coarse fish, ( c ) save in Part IX pollen or freshwater herring, and ( d ) any spawn or fry of a trout, but does not include sea trout; ] F8 [ … ] F8 [ … ] F8 [ … ] F8 [ … ] F2 [ the expression "trout rod ordinary licence" means an ordinary fishing licence to fish with rod and line for trout; ] F2 [ the expression "trout rod (annual) ordinary licence" means a trout rod ordinary licence which is valid for a period of one year and is available for use in every fishery district; ] F2 [ the expression "trout rod (twenty-one day) ordinary licence" means a trout rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district; ] the expression “ unlawful fishing engine ” means a fishing engine which is not a lawful fishing engine; the expression “ unseasonable salmon or trout ” means any salmon or trout which is about to spawn, or which has spawned and has not recovered from spawning; the expression “ vested (Part XII) fishery ” means a fishery which is either— ( a ) vested in the Minister under Chapter II of Part XII, or ( b ) transferred to the Minister under Chapter III of Part XII; the word “ waste ” includes all uncultivated or unprofitable lands; the word “ waters ” means any river, lake, watercourse, estuary or any part of the sea; the expression “ weekly close time ” has the meaning assigned to it by section 139. (2) In this Act— ( a ) a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that reference to some other Act is intended, ( b ) references to any bye-law, order or regulation made under this Act shall be construed as including references to any bye-law, order or regulation deemed by section 10 or section 334 to have been made under this Act. (3) In this Act references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment. 4. — (1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed. (2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. 5. — The enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule. 6. — All expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II. Miscellaneous Powers and Duties of the Minister. 7. — (1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that any particular tidal waters to which this section applies shall be special tidal waters for the purposes of this Act. (2) Every order made under this section shall specify and define the tidal waters to which it purports to relate and shall be final and conclusive as to the area of such tidal waters notwithstanding any discrepancy between the extent of the tidal waters as so defined and the extent of the tidal waters in which a several fishery was previously enjoyed. (3) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made under this section. (4) This section applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several fishery was believed to exist and was enjoyed as of right, but in respect of which either— ( a ) it was, after the 1st day of January, 1933 (whether before or after the passing of this Act), judicially determined in a court of competent jurisdiction that no several fishery existed in such tidal waters, or ( b ) the person, who on the 1st day of January, 1933, exercised as of right the said several fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several fishery in such tidal waters. 8. — (1) The Minister may from time to time cause an inquiry to be held in any fishery district in relation to the fisheries therein or any of them and the best means to be adopted for the regulation, improvement or protection thereof, and for this purpose may appoint an officer of the Minister to hold such inquiry. (2) The Minister shall cause to be given, in accordance with section 322, notice of the holding of an inquiry under this section. 9. — F9 [ … ] 10. — (1) The Minister may from time to time by order— ( a ) define, by reference to a map or otherwise, what is to be the boundary of the mouth of any river, ( b ) define, by reference to a map or otherwise, what is to be the boundary of the mouth of any tributary river at its entrance into any other river, ( c ) define, by reference to a map or otherwise, what is to be the boundary between the tidal and freshwater portions of any river, ( d ) define the points of termination of the distances referred to in sections 94 and 103 and illustrate, by map or otherwise, the said points of termination and the space within which it is prohibited by the said section to use or practise certain modes of fishing, ( e ) define, by reference to a map or otherwise, the point or points of the mouth of any river from which distances are to be measured under this Act. (2) Where several streams flow into a common mouth or estuary the Minister may by order declare that the outlets of such streams shall form separate mouths. (3) The Minister may by order revoke or amend any order made under subsection (1) or (2) of this section. (4) Every definition made under any repealed enactment and which is in force immediately before the operative date shall continue in force on and after the operative date and the instrument whereby such definition was made shall be deemed to be an order made under subsection (1) or subsection (2) (whichever is appropriate) of this section. 11. — (1) The following provisions shall apply in relation to any instrument to which this section applies:— ( a ) notwithstanding any appeal which may be pending, but without prejudice to any order which may be made on such appeal, such instrument shall come into operation on the day specified in that behalf therein, or, if no such day is so specified, on the twenty-eighth day after the day on which it is made; ( b ) such instrument shall, as soon as may be after it is made, be published in the Iris Oifigiúil F10 [ and a notice advising of the making of the instrument and its contents shall be published in one or more newspapers circulating in the district affected by the instrument ] ; ( c ) a copy of such instrument shall, within one month after it comes into operation, be deposited— (i) with the county registrar for every county or county borough which or part of which is affected thereby, and (ii) with the District Court Clerk of every Court District which or part of which is affected thereby, and (iii) in every station of the Garda Síochána within the area affected thereby; ( d ) any person aggrieved by such instrument may, within twenty-eight days after the publication in the Iris Oifigiúil , appeal against such instrument to the High Court, and the following provisions shall apply in relation to any such appeal— (i) the appeal may be heard by one or more judges of the High Court as may be convenient, (ii) the High Court may on the appeal confirm or annul such instrument, but if such instrument is annulled such annulment shall be without prejudice to the validity of anything done under or in pursuance of such instrument before such annulment, (iii) the decision of the High Court on the appeal shall be final and conclusive, (iv) the order made by the High Court on such appeal shall be published in like manner as such instrument is required by paragraph ( b ) of this subsection to be published and shall be deposited in like manner as such instrument is required by paragraph ( c ) of this subsection to be deposited. (2) This section applies to any instrument being— ( a ) F11 [ … ] ( b ) an order made under section 10 , or ( c ) a licence granted under section 245 or 281 , or ( d ) an order made under section 251 , 256 , 266 or 275 . 12. — (1) The Minister may make regulations in relation to all or any of the following matters:— ( a ) the times and the places respectively at which holders of special local licences may fish under such licences; ( b ) the keeping of order among holders of special local licences at or on the particular tidal waters to which such licences relate. (2) Every person who does any act (whether of omission or commission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. 13. — (1) The Minister may make regulations in relation to all or any of the following matters:— ( a ) the returns to be made by holders of special local licences; ( b ) the persons to whom such returns are to be made; ( c ) the times at which such returns are to be made; ( d ) the forms in which such returns are to be made. (2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations or who makes in any such return any statement which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. 14. — (1) Subject to subsection (2) of this section, nothing in this Act or in any instrument made thereunder shall prohibit anything done by the Minister or a person previously authorised in writing by the Minister in that behalf for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement or development of any fishery. (2) Nothing shall be done pursuant to subsection (1) of this section in relation to a several fishery without the consent of the owner thereof. (3) A person authorised by the Minister under this section to do anything shall be furnished by the Minister with a certificate of such authorisation and when doing anything pursuant to the authorisation shall, if requested by any person affected, produce the certificate to that person. ] 15. — (1) The Minister may, whenever and so often as he thinks fit, F13 [ on payment to him of the prescribed fee (if any) ] by licence (in this section referred to as a fish culture licence) authorise, subject to such conditions as he thinks fit and specifies in the licence, a named person to carry on at a specified place such operations, in relation to the culture of fish of a specified kind, as may be specified in the licence. (2) Notwithstanding anything contained in this Act or any instrument made thereunder, a person to whom a fish culture licence is granted and any person acting under the directions of such first-mentioned person may, subject to the conditions specified in the licence, do any of the things authorised by the licence. (3) The Minister, if he so thinks fit, may amend a fish culture licence within ten years from the date on which the licence was granted. (4) The Minister may revoke a fish culture licence— ( a ) if the licensee is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or ( b ) if he is satisfied that there has been a breach of any condition specified in the licence. (5) The following provisions shall apply in relation to the amendment or revocation of a fish culture licence under this section— ( a ) the Minister shall not amend or revoke the licence unless and until he has given by post to the licensee at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the licence, ( b ) the notice shall also state— (i) in case it states that the Minister has under consideration the amendment of the licence—the specific amendment under consideration and the grounds on which it is so under consideration, or (ii) in case it states that the Minister has under consideration the revocation of the licence—the grounds on which such revocation is so under consideration, ( c ) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the licensee before the expiration of the notice. F13 [ (6) ( a ) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted by the Minister under this section. ( b ) Every fee received by the Minister under this section shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct. ] F13 [ (7) Any person who engages in the culture of fish otherwise than under and in accordance with a licence under this section or section 54 of the Fisheries Act 1980, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500. ] F13 [ (8) Where— ( a ) a person by fishing or otherwise interferes with anything done pursuant to a licence granted by the Minister under this section, and ( b ) such interference is carried on without the permission of the person to whom the licence is granted, the person so interfering shall be guilty of an offence under this section and shall be liable— ( c ) on summary conviction thereof, to a fine not exceeding £500, ( d ) on conviction thereof on indictment, to a fine not exceeding £2,000. ] 16. — (1) The Minister, with the consent of the Minister for Finance, may, for the purposes of any scheme of research into the life-history and habits of salmon or any freshwater fish and the economic conditions affecting the commercial development of fisheries, take on lease any fishery. (2) The provisions of Chapter V of Part XII relating to the operation of vested fisheries shall apply in respect of any fishery leased by the Minister under this section. (3) F17 [ … ] 17. — (1) The Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a restriction on import (fish) order) prohibit the import of any specified kind of article to which this section applies otherwise than under and in accordance with a licence in that behalf issued under this section. (2) The Minister may by order under this subsection revoke or amend any order made by him under this section. (3) If any person imports or attempts to import any article, the importation of which is prohibited by a restriction on import (fish) order such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. (4) On the application of any person the Minister may, if he thinks fit, issue to such person a licence to import a specified number of any article of any kind the importation of which is prohibited by a restriction on import (fish) order, and may attach to such licence such conditions as he may think proper and specify in such licence. (5) This section applies to the following articles, live fish or other aquatic animals, and the eggs or young of fish or other aquatic animals. 18. — The Minister shall as soon as may be after the expiration of each year lay before each House of the Oireachtas a report containing for such year— ( a ) particulars of his proceedings under this Act, and, ( b ) so far as practicable, a statistical account of the fisheries in the State, arranged and classified under such different heads as appears to the Minister to be most suited for the purpose. PART III. Fishery Districts and Electoral Divisions. 19. — (1) Subject to an order under section 20, each area mentioned in column (4) of the Second Schedule to this Act at any reference number shall be a fishery district for the purposes of this Act and shall be known by the number and name mentioned in columns (2) and (3) respectively of the said Schedule at that reference number. (2) F18 [ … ] (3) ( a ) The Minister shall cause to be prepared maps (in this subsection referred to as the official maps) showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fishery districts. ( b ) The official maps shall be sealed with the official seal of the Minister. ( c ) The official maps shall, for the purposes of any proceedings under this Act, be conclusive evidence of the boundaries (as shown thereon) of each fishery district. ( d ) The official maps shall be deposited at the office of the Minister in Dublin and shall be there open to inspection by any interested person free of charge at such times as the Minister may direct. ( e ) In any proceedings under this Act, a map certified by an officer of the Minister to be a true copy of the official maps or any portion thereof shall be prima facie evidence of the official maps or such portion thereof (as the case may be) and it shall not be necessary to prove the signature of the person certifying such map or that he was an officer of the Minister. 20. — (1) F19 [ … ] (2) F19 [ … ] (3) Whenever the Minister by an order made under this section creates a new fishery district, he shall by such order appoint the boundaries of such fishery district and shall annex to such order a suitable map showing such boundaries. F20 [ (4) The Minister may by regulations alter the boundaries of a fishery district by the inclusion therein of any specified waters which are in an area or portion of the sea described in F21 [ subparagraph (i) or (ii) of section 6(3)(a) of the Inland Fisheries Act 2010 ] , and regulations under this subsection shall, by reference to a map specified in the regulations, indicate the boundaries of the relevant fishery district or districts as altered by the regulations. ] (5) F19 [ … ] (6) Every order made by the Minister under this section shall, as soon as may be after it is made, be published (without the map (if any) annexed thereto but with a statement of where such map (if any) may be inspected) in the Iris Oifigiúil and in one or more newspapers circulating in the fishery districts affected by the order, and a copy of such order and of the map (if any) annexed thereto shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected by the order, and in every station of the Garda Síochána within the fishery districts affected by the order. PART IV. Boards of Conservators. 21. — F22 [ … ] 22. — F23 [ … ] 23. — F24 [ … ] 24. — F25 [ … ] 25. — F26 [ … ] 26. — F27 [ … ] 27. — F28 [ … ] 28. — F29 [ … ] 29. — F30 [ … ] 30. — F31 [ … ] 31. — F32 [ … ] 32. — F33 [ … ] 33. — F34 [ … ] 34. — F35 [ … ] 35. — F36 [ … ] 36. — F37 [ … ] 37. — F38 [ … ] 38. — F39 [ … ] 39. — F40 [ … ] 40. — (1) F41 [ … ] (2) F41 [ … ] (3) F41 [ … ] (4) F41 [ … ] (5) F41 [ … ] (6) F41 [ … ] (7) F41 [ … ] (8) F41 [ … ] (9) F41 [ … ] F42 [ (10) No member of a regional board (other than a member who is a member of the staff of the regional board) shall be eligible for any paid office under the regional board. ] 41. — F43 [ … ] 42. — F44 [ … ] 43. — F45 [ … ] 44. — F46 [ … ] 45. — (1) Where a board of conservators issues in any month any special local licences, such board shall, not later than thirty days after the expiration of such month, pay to the Minister in respect of every special local licence issued by such board in such month a sum equal to the difference between— ( a ) the licence duty which would have been paid in respect thereof if it had been an ordinary licence authorising the use of the same kind of fishing engine as that to which such special local licence relates, and ( b ) the special local licence duty paid in respect of such licence. (2) All moneys received by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. 46. — F47 [ … ] 47. — F48 [ … ] 48. — F49 [ … ] 49. — (1) In this section— “ the Act of 1954 ” means the Salmon Conservancy Fund Act 1954 (No. 4 of 1954) (repealed by the Act of 1958); “ the Act of 1958 ” means the Fisheries (Amendment) Act 1958 (No. 15 of 1958) (repealed by this Act); “ the Fund ” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958; “ salmon ” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish, (2) The Minister shall continue to maintain the Fund. (3) ( a ) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon. ( b ) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph ( a ) of this subsection. (4) ( a ) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment. ( b ) Different rates of levy may be prescribed for different periods. ( c ) Subject to paragraph ( d ) of this subsection the rate of levy shall not exceed two pence per lb. ( d ) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas. (5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected. (6) F50 [ … ] (7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund. (8) ( a ) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph ( a ) of subsection (9) of this section. ( b ) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance. (9) ( a ) The Minister may pay out of the Fund— (i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties, F51 [ (ia) F50 [ … ] ] (ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper. ( b ) The Minister shall pay out of the Fund the costs of the administration of the Fund. ( c ) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section. (10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas. (11) ( a ) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed. ( b ) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. (12) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. (13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section. 50. — (1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by F52 [ Inland Fisheries Ireland ] and may appoint any person to hold such inquiry. (2) Where a person (not being an officer of the Minister) is appointed to hold an inquiry under this section, such person shall be paid such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine. (3) Where an inquiry in relation to F52 [ Inland Fisheries Ireland ] has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recovered by the Minister from the revenue of F52 [ Inland Fisheries Ireland ] . (4) Any sum recovered by the Minister under subsection (3) of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. 51. — F53 [ … ] 52. — F54 [ … ] 53. — F55 [ … ] 54. — Where part of a river consists of special tidal waters and another part (being a part in which salmon spawn) of such river is situate in Northern Ireland, F56 [ Inland Fisheries Ireland ] may, with the approval of the Minister, enter into such arrangements or agreements as it considers expedient for ensuring the protection of salmon and trout, and their eggs and fry in the part of such river which is situate in Northern Ireland and for the purpose of such arrangements or agreements make payments out of its funds. PART V. Rates on Fisheries. 55. — F57 [ (1) F58 [ Inland Fisheries Ireland ] shall as regards every fishery year and F59 [ within the period beginning on the 1st day of December preceding the commencement of that fishery year and ending on the 31st day of January next following ] strike on all fisheries F58 [ within a fishery district ] (which appear in the revised valuation lists required under the Valuation Acts to be issued by the Commissioner for Valuation by the F59 [ the 1st day of December ] immediately preceding such commencement and are not distinguished therein by the said Commissioner pursuant to section 2 of the Valuation (Ireland) Act 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of F58 [ Inland Fisheries Ireland’s expenditure ] for that fishery year. ] (2) Every rate struck by a board of conservators under this section shall be subject to confirmation by the Minister who may confirm the same either without modification or with such modification (whether by way of increase or reduction) as he shall think proper. F59 [ (3) If as regards a particular fishery year a regional board, within the period beginning on the 1st day of December and ending on the 31st day of January, which is appropriate having regard to the requirements of subsection (1) of this section, fails to strike a rate, the Minister may, if he thinks fit so to do, strike a rate for the fisheries region of such regional board for that fishery year, and in such case the rate so struck by the Minister shall be levied, collected and recovered by such regional board in like manner in all respects as if such rate had been struck by the board and confirmed by the Minister under this section. ] F59 [ (4) Where as regards any fishery year a regional board strike a rate under subsection (1) of this section or the Minister by reason of the failure of the regional board to strike the rate, strikes a rate under subsection (3) of this section for the fisheries region of the board, such board or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fisheries region, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable such board or the Minister to make a valid rating. ] (5) Every rate struck under this section shall be paid by the several persons rated for the same in two moieties on the F59 [ 1st day of May ] and the F59 [ 1st day of September ] in the fishery year for which the rate is struck, and shall be so paid over and above all or any licence duties paid by such persons under this Act for that or any other fishery year. (6) F60 [ … ] (7) F61 [ … ] (8) F62 [ … ] 56. — Where as regards any fishery year a regional board strike a rate under section 55 or the Minister, by reason of the failure of the board to strike the rate, strikes a rate under that section for the fisheries region of the board, the board or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, and the board may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board— ( a ) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and ( b ) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal. ] 57. — F64 [ (1) where a fishery rate on a fishery has been struck under section 55 as regards a particular fishery year, F65 [ Inland Fisheries Ireland ] may, but not later than the expiration of the fishery year next following that to which the rate relates, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein. ] (2) Whenever a board of conservators propose to make an amendment of a rate on a fishery under this section— ( a ) the board of conservators shall serve by post notice of the proposed amendment on any person who is the occupier of the fishery, ( b ) the notice shall contain an intimation that written objections to the proposed amendment may be sent to the board of conservators within seven days after the posting of the notice, ( c ) before making the proposed amendment, the board of conservators shall consider the objections (if any) received as the result of the notice. (3) A board of conservators shall make such refunds or give such credits (as the case may require) in respect of fishery rate and shall be entitled to make such recoveries of fishery rates as may be from time to time appropriate in consequence of any amendment under this section. 58. — The person liable to pay a fishery rate in respect of a fishery shall be the occupier thereof. 59. — (1) Fishery rate payable to a board of conservators shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board. (2) Fishery rate payable to F66 [ Inland Fisheries Ireland may be recovered at the suit of Inland Fisheries Ireland ] as a simple contract debt in any court of competent jurisdiction. (3) Where any person (in this subsection referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay any moiety of such fishery rate within one month after the date on which such moiety is required by subsection (5) of section 55 to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover it) from the rated person or from any person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery, and, if such last-mentioned person is a tenant of the rated person, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the rated person. 60. — F67 [ … ] 61. — F68 [ … ] 62. — (1) In every fishery year, the Minister shall, out of moneys provided by the Oireachtas, pay to F69 [ Inland Fisheries Ireland in respect of any special tidal waters there are during that year or part thereof ] an amount equal to such percentage of the sum which was on the 1st day of January, 1933, the total rateable valuation of the fisheries in such tidal waters as was fixed for the purpose of the rate leviable for such year on the other fisheries in such district under section 55. (2) If the Minister is satisfied that in any fishery year the receipts (including the moneys payable in such year under subsection (1) of this section) of F69 [ Inland Fisheries Ireland where ] there are during that year or part thereof any special tidal waters will be insufficient to defray the expenditure to be incurred by such board in such year, he may, with the consent of the Minister for Finance, pay to such board out of moneys provided by the Oireachtas a grant not exceeding the estimated deficit. 63. — F70 [ … ] PART VI. Licences for Fishing for Salmon, Trout and Eels. – Chapter I. Ordinary Fishing Licences . 64. — This Chapter shall not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout. 65. — (1) If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout F71 [ , coarse fish ] or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine F72 [ by that person ] in that fishery district, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than double and not more than treble the ordinary licence duty for the time being payable in respect of an ordinary fishing licence to use that engine. (2) Where a person is convicted of an offence under this section the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited. (3) This section does not apply to the use of rod and line. F73 [ 66. — (1) Subject to subsection (2) of this section, if any person fishes for or takes or kills any salmon, trout and coarse fish or any of them with rod and line in any fishery district and such person is not the holder of— ( a ) in the case of such salmon, a salmon rod ordinary licence or a composite freshwater angling ordinary licence, ( b ) in the case of such trout, a trout rod ordinary licence or a composite freshwater angling ordinary licence, ( c ) in the case of such coarse fish, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence, which is for the time being in force, such person shall be guilty of an offence under this section. (2) The provisions of subsection (1) of this section shall not apply in respect of the fishing for or taking or killing, by a person who has not reached his eighteenth birthday or has reached his sixty-sixth birthday, of any trout with one rod and line or of any coarse fish with one or two rods and lines. (3) A person who is guilty of an offence under this section shall be liable— ( a ) on summary conviction thereof to a fine not exceeding £500, ( b ) on conviction on indictment to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. (4) Where a person is convicted of an offence under this section, any rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited. ] 67. — (1) Every board of conservators shall, in accordance with this section, issue fishing licences (in this Act referred to as ordinary fishing licences) in respect of scheduled engines. (2) F74 [ … ] F75 [ (3) ( a ) The periods for which ordinary fishing licences are to be issued shall be— (i) in the case of salmon rod ordinary licences — the period of twenty-one days and the period of one year, (ii) in the case of trout rod ordinary licences — the period of twenty-one days and the period of one year, (iii) in the case of coarse fish rod ordinary licences — the period of twenty-one days and the period of one year, (iv) in the case of composite freshwater angling ordinary licences — the period of one year, (v) in the case of other ordinary fishing licences — the period of one year. ( b ) Salmon rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (twenty-one day) ordinary licences. ( c ) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (annual) ordinary licences. ( d ) Trout rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (twenty-one day) ordinary licences. ( e ) Trout rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (annual) ordinary licences. ( f ) Coarse fish rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (twenty-one day) ordinary licences. ( g ) Coarse fish rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (annual) ordinary licences. ] F75 [ (4) ( a ) A salmon rod (twenty-one day) ordinary licence, a trout rod (twenty-one day) ordinary licence and a coarse fish rod (twenty-one day) ordinary licence shall each be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence concerned. ( b ) An ordinary fishing licence (other than an ordinary fishing licence to which paragraph ( a ) of this subsection relates) shall be valid and in force for the year specified in that behalf in the licence. ] (5) A separate ordinary fishing licence shall be issued for each separate fishing engine. F75 [ (6) Every ordinary fishing licence issued by F76 [ Inland Fisheries Ireland ] shall— ( a ) be in such form as the Minister may from time to time direct, ( b ) state thereon— (i) the name of F76 [ Inland Fisheries Ireland ] , (ii) the period for which it is to be valid and in force, (iii) where appropriate, the number or name of the fishery district to which it relates, (iv) the kind of fishing engine to which it relates. ] F75 [ (7) Where an application is made for a freshwater rod ordinary licence, such licence shall be issued by F76 [ Inland Fisheries Ireland ] . ] (8) Where an application is made to a board of conservators for a licence for a fishing engine (being a fixed engine, a box in a fishing weir or a fishing mill dam or an eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam), such licence shall be issued in the F77 [ area which immediately before the passing of this Act comprised the electoral division which included the place at ] which such engine is situate. F78 [ (9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof— ( a ) in the case of an engine to be used in a several fishery, the name of the person (in this section referred to as “ the owner ” ) who is for the time being entitled so to use such engine for his own benefit, or ( b ) in every other case, the name and address of the person paying the licence duty on such engine, together with, if such person, or in case the licence relates to an engine so to be used, the owner, makes a request in writing in that behalf to F76 [ Inland Fisheries Ireland ] , the name of not more than one other person specified in the request, and every ordinary licence which is so issued shall operate to authorise the use of the engine to which it relates by any person named in the licence. ] (10) Every ordinary fishing licence shall be sealed with the seal of the board of conservators by which it is issued. F75 [ (11) An ordinary fishing licence (not being a freshwater rod ordinary licence) shall be available for use in the fishery district as regards which the application for the licence was made and which is specified in the licence F79 [ … ] and in no other fishery district. ] F75 [ (12) Every freshwater rod ordinary licence shall be available for use in every fishery district. ] F75 [ (13) Every freshwater rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person. ] F75 [ (14) Every ordinary fishing licence (other than a freshwater rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of this Act and any instrument made thereunder. ] F75 [ (15) Every freshwater rod ordinary licence shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in every fishery district— ( a ) in the case of a salmon rod ordinary licence, a salmon rod, ( b ) in the case of a trout rod ordinary licence, a trout rod, ( c ) in the case of a coarse fish rod ordinary licence, not more than two coarse fish rods, ( d ) in the case of a composite freshwater angling ordinary licence any combination of rods referred to in paragraphs ( a ), ( b ) and ( c ) of this subsection, subject to the provisions of this Act and any instrument made thereunder. ] (16) F80 [ … ] (17) An ordinary fishing licence shall not be construed as giving or conferring any right of fishing or of using any engine for taking fish by any means or in any place which the person having or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person. 68. — F81 [ (1) ( a ) Subject to paragraphs ( b ) and ( c ) of this subsection, the ordinary licence duty in respect of a freshwater rod ordinary licence of the class specified in column (2), (3), (4), (5), (6), (7) or (8) of Part I of the Fourth Schedule to this Act shall be the sum set out in whichever of those columns relates to a freshwater rod ordinary licence of that class. ( b ) The Minister may, from time to time, with the consent of the Minister for Finance, by order alter the freshwater rod ordinary licence duty of a particular class specified in Part I of the Fourth Schedule to this Act. ( c ) This subsection shall not apply to the ordinary licence duty payable in respect of— (i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or (ii) a trout rod (annual) ordinary licence to which subsection (2A) of this section applies, or (iii) a composite freshwater angling ordinary licence to which subsection (2B) of this section applies. ] (2) ( a ) This subsection applies to a salmon rod (annual) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a F81 [ season game fishing rod and line ] (Foyle Area) licence which is valid for that year. ( b ) Subject to paragraph ( c ) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be F81 [ £17 ] . ( c ) Wherever the Minister makes, under paragraph ( b ) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies. F82 [ (2A) ( a ) This subsection applies to a trout rod ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year. ( b ) Subject to paragraph ( c ) of this subsection the ordinary licence duty payable in respect of a trout rod (annual) ordinary licence to which this subsection applies shall be £10. ( c ) Wherever the Minister makes, under paragraph ( b ) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a trout rod (annual) ordinary licence, he may by order alter the licence duty payable in respect of a trout rod (annual) ordinary licence to which this subsection applies. ] F82 [ (2B) ( a ) This subsection applies to a composite freshwater angling ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year. ( b ) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies shall be £30. ( c ) Wherever the Minister makes, under paragraph ( b ) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a composite freshwater angling ordinary licence, he may by order alter the licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies. ] (3) F83 [ … ] (4) ( a ) Subject to paragraph ( b ) of this subsection, the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specifi