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Number 8 of 2006
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| | SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General
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Section
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1. Short title, collective citation and construction.
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2. Definitions.
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3. Regulations.
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4. Repeals and Revocations.
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5. Expenses.
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PART 2
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Sea-Fisheries
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Chapter 1
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Preliminary
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6. Definitions (Part 2).
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7. Moville and Louth areas.
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Chapter 2
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Regulation of Sea-Fishing
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8. Restriction on foreign sea-fishing boats entering exclusive fishery limits.
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9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits.
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10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive fishery limits.
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11. Contravention of EC Regulation (common fisheries policy).
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12. Management of State’s fishing quota — notices.
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13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.
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14. Regulations to give effect to common fisheries policy.
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15. National regulatory measures to supplement common fisheries policy.
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Chapter 3
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Sea-Fisheries Protection Officers — Detention of boats — Related offences
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16. Sea-fisheries protection officers.
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17. Powers of sea-fisheries protection officer related to the inspection, examination and detention of sea-fish, etc.
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18. Powers of sea-fisheries protection officer relating to fishing boats.
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19. Detention of boats and persons on board when offences suspected.
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20. Detention of boats and persons charged or to be charged pending prosecution.
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21. Detention of boats pending determination of any proceeding (including appeals) under relevant provision.
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22. Recovery of fine for offence under relevant provision and possession by sea-fisheries protection officer of articles forfeited.
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23. Trial in District Court of person charged with offence on boat detained by sea-fisheries protection officer.
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24. Offence — obstruction, etc., of sea-fisheries protection officer.
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25. Offence — assaulting sea-fisheries protection officer.
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26. Immunity of sea-fisheries protection officer.
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Chapter 4
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Matters relating to indictable fishery offences, proceedings, forfeiture
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27. Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.
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28. Penalties and forfeiture for certain indictable fishery offences.
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29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls as a statutory consequence of conviction.
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30. Disposal of forfeitures.
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31. Forfeiture of proceeds from disposal of illegally-caught fish.
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32. Prosecutor may appeal dismissal of proceedings in District Court.
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33. Proof that boat is foreign sea-fishing boat.
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34. Offence by body corporate, etc.
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35. Service of trial documents — persons resident outside State.
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36. Defence.
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37. Presumption.
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38. Prosecution of summary offences — Sea-Fisheries Acts 2003 and 2006.
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39. Prosecution of sea-fisheries offences by DPP and saver.
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Chapter 5
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Sea-Fisheries Protection Authority
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40. Establishment day.
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41. Establishment of Sea-Fisheries Protection Authority.
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42. Independence of Authority.
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43. Functions of Authority.
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44. Transfer of functions.
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45. Transfer of assets and liabilities of staff, etc., transferred.
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46. Policy directions by Minister to Authority.
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47. Members of Authority.
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48. Consultative Committee.
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49. Complaints procedures.
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50. Staff of Authority.
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51. Sea-fisheries protection officers.
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52. Transfer of staff from Minister to Authority.
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53. Consultants and advisers.
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54. Indemnity.
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55. Membership of House of Oireachtas, European Parliament and local authorities.
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56. Code of Conduct.
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57. Disclosure of interests.
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58. Disclosure of confidential information.
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59. Superannuation of members of Authority.
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60. Superannuation of staff of Authority.
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61. Resources made available by Minister to Authority.
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62. Grants to Authority.
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63. Fees.
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64. Borrowings.
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65. Accounts and annual report of Authority.
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66. Strategy Statement of Authority.
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67. Publication of reports of Authority.
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68. Accountability of Authority to Committees of Oireachtas.
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69. Premises of Authority.
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70. Seal of Authority.
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71. Authority to keep itself informed on certain matters.
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72. Provision of services by Authority.
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73. Definitions (Chapter 5).
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Chapter 6
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Registration of sea-fishing boats and miscellaneous offences involving sea-fishing boats
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74. Register of Fishing Boats.
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75. Registration, lettering and numbering of sea-fishing boats.
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76. Regulations.
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77. Fees.
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78. Continuance of Regulations of 2005.
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79. Miscellaneous offences involving sea-fishing boats.
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80. Definitions (Chapter 6).
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PART 3
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Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State
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81. Definitions (Part 3).
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82. Territorial seas.
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83. Outer limit of territorial seas.
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84.
Contiguous zone.
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85. Baseline.
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86. Internal waters.
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87. Exclusive economic zone of State.
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88. Exclusive fishery limits of State.
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89. Jurisdiction in case of offence.
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90. Prosecution of non-national for offence on foreign ship.
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91. Saving as to jurisdiction.
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92. Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits.
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93. Adaptation of enactments.
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94. Laying of orders before Houses of Oireachtas.
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PART 4
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Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005
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Chapter 1
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Trial of Offences
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95. Provisions in relation to cases in District Court.
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96. Prosecution of summary offences — Fisheries Acts 1959 to 2006.
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Chapter 2
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Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003
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97. Sea-fishing boat licences.
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98. Tax clearance certification requirement for applicants for sea-fishing boat licences.
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99. Miscellaneous amendments to Act of 2003.
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Chapter 3
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Mercantile Marine
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100. Amendment of Act of 1955.
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Chapter 4
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Aquaculture
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101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture.
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Chapter 5
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Fishery Harbour Centres
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102. Amendment of section 4 of Fishery Harbour Centres Act 1968.
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Chapter 6
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Dumping at Sea
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103. Amendment of Dumping at Sea Act 1996.
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Chapter 7
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Maritime Safety
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104. Amendment of Maritime Safety Act 2005.
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SCHEDULE 1
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Enactments Repealed
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SCHEDULE 2
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United Nations Convention on the Law of the Sea 1982
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Part V — Exclusive Economic Zone
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SCHEDULE 3
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Functions under Regulations which are Transferred
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Acts Referred to
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British-Irish Agreement Act 1999
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1999, No. 1
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Carer’s Leave Act 2001
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2001, No. 19
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Comptroller and Auditor General (Amendment) Act 1993
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1993, No. 8
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Continental Shelf Act 1968
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1968, No. 14
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Copyright and Related Rights Act 2000
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2000, No. 28
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Courts Act 1964
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1964, No. 11
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Courts of Justice Act 1924
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1924, No. 10
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Courts of Justice Act 1936
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1936, No. 48
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Criminal Justice Act 1994
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1994, No. 15
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Criminal Justice Act 1999
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1999, No. 10
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Criminal Procedure Act 1967
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1967, No. 12
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Dumping at Sea Act 1996
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1996, No. 14
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Dumping at Sea Acts 1996 and 2004
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European Communities Act 1972
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1972, No. 27
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European Parliament Elections Act 1997
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1997, No. 2
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Finance Act 2002
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2002, No. 5
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Fisheries Act 1980
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1980, No. 1
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Fisheries Acts 1959 to 2003
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Fisheries (Amendment) Act 1962
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1962, No. 31
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Fisheries (Amendment) Act 1974
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1974, No. 25
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Fisheries (Amendment) Act 1978
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1978, No. 18
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Fisheries (Amendment) Act 1983
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1983, No. 27
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Fisheries (Amendment) Act 1994
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1994, No. 23
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Fisheries (Amendment) Act 1997
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1997, No. 23
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Fisheries (Amendment) Act 2001
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2001, No. 40
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Fisheries (Amendment) Act 2003
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2003, No. 21
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Fisheries and Foreshore (Amendment) Act 1998
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1998, No. 54
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Fisheries (Consolidation) Act 1959
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1959, No. 14
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Fisheries (Ireland) Act 1845
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8 & 9 Vic., c. 108
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Fisheries (Ireland) Act 1846
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9 Vic., c. 3
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Fisheries (Revision of Loans) Act 1931
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1931, No. 33
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Fishery Harbour Centres Act 1968
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1968, No. 18
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Fishery Harbour Centres Acts 1968 to 2005
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Fishing Licences (Moville District) Act 1951
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1951, No. 25
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Food Safety Authority of Ireland Act 1998
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1998, No. 29
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Foyle Fisheries Act 1952
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1952, No. 5
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Freedom of Information Act 1997
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1997, No. 13
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Freshwater Fisheries (Prohibition of Netting) Act 1951
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1951, No. 21
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Local Government Act 2001
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2001, No. 37
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Maritime Jurisdiction Act 1959
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1959, No. 22
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Maritime Jurisdiction Acts 1959 to 1988
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Maritime Jurisdiction (Amendment) Act 1964
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1964, No. 32
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Maritime Jurisdiction (Amendment) Act 1988
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1988, No. 9
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Maritime Safety Act 2005
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2005, No. 11
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Maritime Safety Acts 1992 to 2005
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Maritime Security Act 2004
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2004, No. 29
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Mercantile Marine Act 1955
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1955, No. 29
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Merchant Shipping Act 1894
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57 & 58 Vic., c. 60
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Merchant Shipping Acts 1894 to 2005
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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Organisation of Working Time Act 1997
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1997, No. 20
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Parental Leave Act 1998
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1998, No. 30
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Patents Act 1992
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1992, No. 1
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Petty Sessions (Ireland) Act 1851
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14 & 15 Vic., c. 93
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Prosecution of Offences Act 1974
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1974, No. 22
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Protection of Employees (Fixed-Term Work) Act 2003
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2003, No. 29
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Protection of Employees (Part-Time Work) Act 2001
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2001, No. 45
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Public Offices Fees Act 1879
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42 & 43 Vic., c. 58
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Radiological Protection Act 1991
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1991, No. 9
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Redundancy Payments Acts 1967 to 2003
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Sea Pollution Act 1991
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1991, No. 27
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Sea Pollution Acts 1991 to 1999
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Sea Pollution (Amendment) Act 1999
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1999, No. 18
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Sea Pollution (Hazardous Substances) (Compensation) Act 2005
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2005, No. 9
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Taxes Consolidation Act 1997
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1997, No. 39
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Terms of Employment (Information) Acts 1994 and 2001
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Trawling in Prohibited Areas Prevention Act 1909
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9 Edw. 7, c. 8
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Unfair Dismissals Acts 1977 to 2005
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Wildlife Act 1976
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1976, No. 39
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Number 8 of 2006
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| | SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
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