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7 1938

SHANNON FISHERIES ACT, 1938

PART II.

Vesting of Fisheries and Fishing Rights in the Board.

The appointed day for this Part of this Act.

4. —(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act the expression “the appointed day” means the day appointed under this section to be the appointed day for the purposes of this Part of this Act.

Vesting of certain fisheries and fishing rights in the Board.

5. —(1) On the appointed day, every fishery and every fishing right in or over the waters of the River Shannon above the weir known as Corbally Mill weir, together with all ancillary rights appertaining to or necessary for the enjoyment of such fishery or fishing right, shall, if and in so far as it is not already vested in the Board, become and be transferred to and vested in the Board by virtue of this Act and without any conveyance.

(2) The fisheries and fishing rights (including ancillary rights) which become vested in the Board on the appointed day by virtue of this section are in this Part of this Act referred to as transferred fisheries and fishing rights.

Compensation in respect of transferred fisheries and fishing rights.

6. —(1) Every person who owns or has an estate or interest in a transferred fishery or fishing right immediately before the appointed day and applies to the Board within six years after the appointed day for such compensation as is hereinafter mentioned shall be entitled to be paid by the Board compensation in respect of the transfer to the Board of such fishery or fishing right.

(2) The following provisions shall apply and have effect in relation to the compensation to be paid under this section by the Board to any person, that is to say:—

(a) such compensation shall be calculated by reference to the value on the day before the appointed day of the fishery or fishing right in respect of which, or in respect of an estate or interest in which, such compensation is payable;

(b) sub-sections (1) and (4) of section 14 of the Principal Act shall apply and have effect in relation to such compensation as if it were compensation payable under that Act;

(c) such compensation shall be assessed and paid as soon as reasonably may be after the claim for such compensation has been received by the Board.

(3) No compensation shall be payable in respect of the transfer by this Act of a fishery or a fishing right to the Board unless application for such compensation is made to the Board within six years after the appointed day.

Public notice of transfer of fisheries and fishing rights.

7. —Within thirty days after the appointed day and also within thirty days after the first, second, third, and fourth anniversaries of the appointed day, the Board shall publish, in the Iris Oifigiúil and in such and so many daily newspapers published and circulating in the city of Dublin as the Board shall think proper and in such and so many newspapers published and circulating in the city of Limerick as the Board shall think proper, public notice of the vesting of the transferred fisheries and fishing rights in the Board by this Act and of the right under this Act of the owner of and persons having estates and interests in a transferred fishery or fishing right to compensation in respect thereof and of the time within which and the manner in which application for such compensation may be made.