First Previous (PART XIV. Oysters.) Next (Chapter III. Oyster Fishery Orders.)

14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter II.

Oyster Bed Licences.

Oyster bed licences.

245. —(1) The Minister may, subject to section 11 and to the provisions of this Chapter—

(a) grant to the owner of any several fishery or the owner of the bed and soil of any estuary, a licence to form or plant an oyster bed within the limits of such several fishery or over such bed and soil above or below the lowest water mark of spring tides,

(b) grant to the owner or occupier of any land bordering on the sea or any estuary or, with the consent of such occupier, to any person, a licence to form or plant an oyster bed on the shore adjacent to such land above or below the lowest water mark of spring tides,

(c) grant to any person a licence to form or plant an oyster bed below the lowest water mark of spring tides.

(2) No oyster bed licence shall be granted to lay or plant an oyster bed—

(a) in any place where the Minister is of opinion that the public exercise and enjoy bona fide a substantially profitable fishing for oysters, or

(b) within the limits of any oyster bed or oyster fishery the property of any private person, or

(c) within the limits of any several fishery without the consent in writing of the owner of such fishery.

(3) Where an oyster bed licence is granted to any occupier of land bordering on the sea or any estuary or to any person with the consent of such occupier, such licence shall remain in force only during the continuance in occupation of the person who was in occupation at the time of granting such licence.

(4) Where a licence is granted to any person with the consent of any owner, such licence shall remain in force only for such period as may be named in such consent.

(5) An oyster bed licence shall not, except for the purpose of forming or planting oyster beds or layings, affect any rights in or over the shore or bed of the sea.

Form of oyster bed licences.

246. —Every oyster bed licence shall, by reference to a map or otherwise as to the Minister seems best, define the position and limits of the oyster bed to which it relates and may be made subject to such conditions and limitations and, subject to the provisions of subsections (3) and (4) of section 245, may be perpetual or terminable as to the Minister shall seem proper.

Inquiry into application for an oyster bed licence.

247. —Where an application is made to the Minister for an oyster bed licence authorising the planting or laying of an oyster bed in a particular site—

(a) the Minister shall cause a public inquiry to be held as to the expediency of granting the application and so fix the time as to permit of notice being given of the inquiry and the place in the locality of the said site for holding the said inquiry,

(b) the Minister shall cause to be given, in accordance with section 322, notice (which shall specify the reception by him of the application) of the time and place of such inquiry,

(c) the Minister shall appoint an officer of the Minister to hold such inquiry,

(d) the Minister shall take no decision on the application until he has considered the report of the said officer.

Notice of granting of licence, etc.

248. —Where an oyster bed (1959 Act) licence is granted—

(a) notice of the grant shall be published in some newspaper circulating in the district in which the licence is to operate,

(b) a true copy of the licence shall be lodged with the county registrar for the county in which the licence is to operate,

(c) a copy of the licence certified under the hand of that county registrar shall be evidence of the licence.

Effect of oyster bed licence.

249. —Every oyster bed (1959 Act) licence, if unappealed from under section 11 or if confirmed on such appeal, shall be binding on the State and on all persons whatsoever and shall operate to vest in the licensee, his heirs, executors, administrators and assigns, such rights and privileges as shall be thereby given, according to the tenor thereof, free from all prior or other rights, titles, estates or interests whatsoever.

Determination of licences by certificate of the Minister.

250. —(1) Notwithstanding anything in any oyster bed licence such licence shall be determinable by a certificate of the Minister certifying that he is not satisfied that the licensee is properly cultivating the oyster ground within the limits of such licence, and, on any such certificate being made, the right conferred by the licence shall absolutely determine.

(2) For the purposes of this section the Minister may from time to time with respect to any oyster bed licence or any licensed oyster fishery make such inquiries and examinations and require the licensee to furnish such information as the Minister thinks necessary, and the licensee shall afford all facilities for such inquiries and examinations and give such information accordingly.

Revocation of oyster bed licences.

251. —(1) If it appears to the Minister that the licensee under any oyster bed licence or his assigns within the period of three years from the date of the licence has not taken steps proper in the opinion of the Minister to form the oyster bed in such licence mentioned, the Minister may by order revoke such licence.

(2) The Minister shall, before making an order under this section revoking an oyster bed licence, cause notice in writing of his intention to make such order to be served on the person for the time being entitled to such licence or, if such person cannot be found, shall cause such notice to be inserted as an advertisement three times at least in some newspaper circulating in the district in which the oyster bed mentioned in such licence is situate, and no such order shall be made until after the expiration of one month from the service of such notice or from the date of the last of such advertisements.

Alteration of oyster bed licences to give effect to any agreement.

252. —The Minister may alter any oyster bed (1845 Act) licence or oyster bed (1850 Act) licence or grant any oyster bed (1959 Act) licence in lieu thereof to the licensee or his representative so as to give effect to any agreement or undertaking which may have been given or entered into by or on behalf of any such licensee with any person subsequent to the date of such licence.

Penalty for injuring licensed oyster beds.

253. —If any person (other than the licensee or his assigns, his agents, servants and workmen) knowingly does, within the limits of a licensed oyster bed, any of the following things:—

(a) uses any implement of fishing, except a line and hook or net adapted solely for catching free swimming fish and so used as not to disturb or injure in any manner any oyster bed or oysters or the oyster fishery,

(b) dredges for any ballast or other substance except under lawful authority for improving the navigation,

(c) deposits any ballast, rubbish or other substance,

(d) places any implement, apparatus or thing prejudicial or likely to be prejudicial to any oyster bed or oysters or brood or spawn thereof, or to the oyster fishery, except for a lawful purpose of navigation or anchorage,

(e) disturbs or injures in any manner, except as mentioned in paragraph (d) of this section, any oyster bed or oysters or brood or spawn thereof or the oyster fishery,

(f) interferes with or takes away any of the oysters from such bed without the consent of the licensee or owner or occupier of such bed,

the following provisions shall have effect:—

(1) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof—

(i) in the case of a first offence, to a fine not exceeding two pounds,

(ii) in the case of a second offence, to a fine not exceeding five pounds,

(iii) in the case of a third or any subsequent offence, to a fine not exceeding ten pounds;

(2) such person, whether he has or has not been prosecuted for or convicted of such offence, shall be liable to make full compensation to the licensee for all damage sustained by the licensee by reason of such person's unlawful act, and such compensation shall be recoverable in any court of competent jurisdiction.

Effect of oyster bed (1845 Act) and oyster bed (1850 Act) licences.

254. —Every oyster bed (1845 Act) licence or oyster bed (1850 Act) licence in force at the date of the passing of this Act shall be deemed to have been effectual to vest in the licensee, his heirs and assigns the exclusive right of laying and planting oysters and fishing for oysters in the oyster bed or laying by such licence authorised to be formed, according to the tenor and effect of such licence free from all prior or other rights, titles, estates or interests whatsoever.

Penalty for trespass on licensed oyster bed.

255. —If any person wilfully trespasses on any licensed oyster bed or oyster layings (the licence in respect whereof was granted before the 7th day of August, 1884) 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 pounds.