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17 1939

FISHERIES ACT, 1939

PART III.

Amendment and Extension of Fisheries (Tidal Waters) Act, 1934 .

“The Act of 1934”.

51. —In this Part of this Act, the expression “the Act of 1934” means the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934).

Collective citation of the Act of 1934 and Part III of this Act.

52. —The Act of 1934 and this Part of this Act may be cited together as the Fisheries (Tidal Waters) Acts, 1934 and 1939.

Continuance of the Act of 1934.

53. —The Act of 1934 shall, notwithstanding anything contained in sub-section (2) of section 18 of that Act or sub-section (1) of section 4 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), remain in force until otherwise provided by the Oireachtas.

Payment of special local licence duties by instalments.

54. —(1) Where a board of conservators is authorised by order of the Minister under the Act of 1934 to issue special local licences to use, in particular tidal waters to which the said Act applies situate in its fishery district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things, that is to say:—

(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;

(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof.

(2) An order under this section may relate to different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of engine, net, instrument or device for the taking of salmon or trout to which the order relates,

(3) The Minister may by order revoke or amend any order made under this section (including this sub-section).

(4) Where a special local licence is issued by a board of conservators in exercise of the powers conferred on such board by an order under this section, the following provisions shall have effect, that is to say:—

(a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and

(b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.

(5) In this section the expressions “special local licence” and “the appropriate special local licence duty” have the same respective meanings as they have in the Act of 1934.

(6) Any order made by the Minister under section 2 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937) and in force at the commencement of this section shall be deemed to be made under this section and may accordingly be revoked or amended by an order made under this section, and until so revoked and subject to any such amendment shall continue in force.

Amendment of section 13 of the Act of 1934.

55. —In paragraph (a) of sub-section (1) of section 13 of the Act of 1934—

(a) the reference to the Fisheries Acts, 1842 to 1925, shall be construed as a reference to the said Acts as amended by Part II of this Act,

(b) the reference to an ordinary licence shall be construed as including a reference to a trout rod licence.

Amendment of section 14 of the Act of 1934.

56. —For the purposes of sub-sections (1) and (2) of section 14 of the Act of 1934, the expression “fishery year” shall, notwithstanding sub-section (3) of the said section 14 or section 3 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), be construed as meaning the fishery year current at the date of the passing of this Act and each subsequent fishery year.