Chapter V.

Management, Operation, and Disposal of Vested Fisheries.

Operation of Vested Fisheries by the Minister.

75. —The Minister may with the consent of the Minister for Finance from time to time operate any vested fishery or part of a vested fishery.

76. —(1) The Minister may, for the purpose of operating a vested fishery, do all such things as he may consider necessary for carrying on such fishery as a commercial undertaking and which he could do if he were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following things, that is to say:—

(a) buy and sell fish anywhere;

(b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish;

(c) carry on any business which is ancillary or incidental to the operation of such fishery;

(d) enter into contracts;

(e) employ such and so many persons as he thinks fit;

(f) purchase fishing licences.

(2) The provisions of section 16 of the Fisheries Act, 1925 (No, 32 of 1925), shall not apply in respect of the Minister.

(3) The remuneration of all persons employed in connection with the operation by the Minister of any vested fishery shall be determined with the consent of the Minister for Finance.

(4) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to any person employed or appointed by the Minister under this section.

77. —(1) The Minister may, with the consent of the Minister for Finance, sell any land acquired by him under this Chapter of this Part of this Act and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a vested fishery) carried on by him under the said Chapter at such price as he may think proper.

(2) Any moneys received on a sale 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.

78. —All moneys received by the Minister in respect of the operation of a vested fishery or of any business carried on by him under this Chapter of this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

79. —(1) The Minister shall cause to be kept, in respect of every vested fishery operated by him, a set of accounts in such, form, for such periods and including such particulars as the Minister for Finance may direct.

(2) The accounts to be kept by the Minister in accordance with the provisions of the immediately preceding sub-section shall, at the end of every accounting period, be transmitted to the Comptroller and Auditor-General, who shall audit, certify and report upon such accounts.

(3) Upon the completion of an audit under the provisions of this section, the Minister shall cause to be laid before each House of the Oireachtas a copy of the report of the Comptroller and Auditor-General upon the accounts as passed by him, together with a general report by the Minister of his proceedings under this Chapter of this Part of this Act in relation to the operation of vested fisheries.

Leases of Vested Fisheries.

80. —(1) If, in the opinion of the Minister, it is in the public interest that a vested fishery or part of a vested fishery should be granted by way of lease to any person, the Minister may, in accordance with this section, demise such fishery or such part of such fishery to such person by way of lease for such term not exceeding twenty years as the Minister shall think proper.

(2) Every lease made under this section shall be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as the Minister and the Minister for Finance shall jointly think proper and shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

(3) Every lease made under this section shall be made subject to and shall contain such covenants, conditions and agreements as the Minister shall think proper or desirable and shall agree upon with the person to whom such lease is granted.

81. —(1) The person for the time being entitled to the lessee's interest under a lease granted under this Chapter of this Part of this Act shall furnish to the Minister in such form as the Minister may direct within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the fishery the subject of such lease and the working of such fishery.

(2) If any person on being required under this section by the Minister to furnish to him any information fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.

(3) An offence under this section may be prosecuted by the Minister.

82. —(1) The Minister shall, as soon as may be, after every 30th day of June and every 31st day of December, after the passing of this Act lay on the table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years made under this Chapter of this Part of this Act during the six months ending on such 30th day of June and 31st day of December respectively.

(2) The period commencing on the passing of this Act and ending on the 31st day of December, 1939, shall for the purposes of this section be deemed to be a period of six months ending on the said 31st day of December, 1939.

83. —(1) Whenever the Minister grants a lease of a fishery under this Part of this Act he may, if he so thinks fit, cause to be inserted in such lease a covenant by the Minister to the following effect, namely, that, if the amount paid by the lessee as fishery rate in respect of such fishery for any fishery year falling within the term granted by such lease exceeds the appointed amount, the Minister will pay to the lessee a sum equal to the excess.

(2) In this sub-section the expression “the appointed amount” means, in relation to a fishery which is the subject of a lease under this Part of this Act, the sum of the following:—

(a) the amount (hereinafter referred to as the standard amount) payable by the occupier as fishery rate or by the Minister in lieu of fishery rate in respect of such fishery for the fishery year current at the date on which such lease is granted or, if the fishery rate for that fishery year for the fishery district in which such fishery is situate has not been made before the said date, the immediately preceding fishery year, and

(b) one-twentieth of the standard amount.

(3) Where—

(a) a judgment of a competent court has been obtained by a board of conservators against the lessee of a fishery, the subject of a lease under this Part of this Act, for any fishery rate due in respect of such fishery, and

(b) the Minister is satisfied that such lessee has no goods which could be taken in execution under any process of such court,

the following provisions shall have effect, that is to say:—

(i) the Minister may, if he so thinks fit, pay to such board of conservators a sum not exceeding the amount of such fishery rate and any costs and expenses incurred by such board of conservators in relation to the obtaining and attempted enforcement of such judgment,

(ii) any sum so paid shall be a debt due by such lessee to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

Non-user of Vested Fisheries.

84. —(1) The Minister may, subject to the consent of the Minister for Finance, from time to time refrain from using any vested fishery which is not for the time being the subject of a lease under this Chapter of this Part of this Act.

(2) Where the Minister proposes to refrain from using any vested fishery he shall give notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery and thereupon such fishery shall, unless and until the Minister makes a lease of such fishery or operates such fishery, be an unused fishery for the purposes of this Part of this Act.

85. —The following provisions shall have effect in relation to any unused fishery, that is to say:—

(a) in case such fishery is a weir (tidal waters) fishery or a weir (fresh water) fishery—

(i) the Minister may demolish the weir forming part of such fishery, and thereafter shall not be liable for any effects due to changes in the flow or level of the water to whomsoever caused, save only that any obstruction to the migration of fish which may be caused by the demolition of such weir shall be remedied by him,

(ii) if the weir is not demolished the Minister shall remain liable for its maintenance in such condition that it shall not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while it was being used for the purposes of the fishery;

(b) in case such fishery is a mill-dam fishery—

(i) the Minister may demolish or remove any structures incidental to the use of the fishery, but in doing so he shall leave the mill-dam in such a condition that the water supply to the mill shall not be prejudiced and the cost of the maintenance of the mill-dam shall not be increased,

(ii) if the structures incidental to the use of the fishery are not demolished the Minister shall remain liable for their maintenance in such condition that they shall not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while they were being used for the purposes of the fishery;

(c) in case such fishery is a fixed engine (tidal waters) fishery, the Minister shall remove all stakes or other structures which may constitute a danger to navigation or to the use of lawful nets under common law rights.

86. —(1) Where a vested fishery which is a weir (tidal waters) fishery or a weir (fresh water) fishery or a mill-dam fishery has become an unused fishery and the Minister has demolished the structure by means of which such fishery was carried on, the Minister may within five years after the date on which such fishery became an unused fishery but not later re-erect it on the same site for fishing in the same place and with the same dimensions and, in the case of a weir (tidal waters) fishery or a weir (fresh water) fishery, the same provision for a free gap (if any) as is shown in the record survey of the fishery.

(2) Where a vested fishery which is a fixed engine (tidal waters) fishery has become an unused fishery, the Minister may at any time re-erect or re-equip it in accordance with the certificate issued in respect thereof under the provisions of the Salmon Fishery (Ireland) Act, 1863.