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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART XII.

Transfer To the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred.

Chapter I.

Definitions and Evidence of Existence of Several Fisheries in Tidal Waters.

Definitions for purposes of Part XII.

184. —(1) In this Part—

the expression “fixed engine (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fixed engine in respect of which a certificate has been issued under section 6 of the Salmon Fishery (Ireland) Act, 1863, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “weir (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fishing weir, and the structure of such weir and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “weir (fresh water) fishery” means a fishery for salmon, trout or eels carried on in fresh water by means of a fishing weir, and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “mill-dam fishery” means a fishery carried on by means of so much of a fishing mill-dam as is used for the purpose of catching or facilitating the catching of fish and so much of the structure of such fishing mill-dam as is used for that purpose, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “transferable fishery” means any fishery which is—

(a) a several fishery in tidal waters (other than a fixed engine (tidal waters) fishery or a weir (tidal waters) fishery), and all rights of fishing for salmon, trout and eels in or at the site of such fishery, or

(b) a fixed engine (tidal waters) fishery, or

(c) a weir (tidal waters) fishery, or

(d) a weir (fresh water) fishery, or

(e) a mill-dam fishery,

but does not include—

(i) any fishery vested in the Minister, or

(ii) any fishery vested in the Electricity Supply Board, or

(iii) any fishery vested in the Irish Land Commission, or

(iv) any fishery vested in the Commissioners of Public Works in Ireland;

the expression “vested fishery” means a fishery which is either—

(a) vested in the Minister under Chapter II of this Part, or

(b) transferred to the Minister under Chapter III of this Part.

(2) Where the right to fish with rod and line or by any other means in any portion of a river or lake contiguous to a transferable fishery, which is a weir (fresh water) fishery or a mill-dam fishery, is in the same ownership as such transferable fishery, such transferable fishery shall, for the purposes of this Part, be deemed to include such right and also, in case such right exists by virtue of the ownership of the bed and soil of such portion of such river or lake, the bed and soil of such portion of such river or lake.

Evidence of existence of several fisheries in tidal waters.

185. —(1) Where—

(a) a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for a period of not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, and

(b) an order is made, under subsection (1) of section 186 appointing a day to be the appointed day in respect of the fishery district in which the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary are situate, then, unless it had been judicially determined before the 1st day of January, 1939, by a court of competent jurisdiction that a several or exclusive fishery did not exist in the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary, it shall, as on and from the day so appointed, by virtue of this subsection be deemed for all purposes that a several or exclusive fishery exists in the tidal waters of such river or estuary or in such part of the tidal waters of such river or estuary.

(2) Where a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, the Commissioner of Valuation may, upon the application of any person and upon payment of such fee as may be fixed by the Minister for Finance, issue to such person a certificate under his hand certifying that such fishery was so included, and any certificate issued under this subsection shall be conclusive evidence for all purposes of the matters certified therein.

(3) The following provisions shall have effect in relation to all fees payable under this section:—

(a) such fees shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister;

(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.