Inland Fisheries Act 2010


Number 10 of 2010


INLAND FISHERIES ACT 2010

REVISED

Updated to 1 March 2018


This Revised Act is an administrative consolidation of the Inland Fisheries Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Telecommunications Services (Ducting and Cables) Act 2018 (4/2018), enacted 4 April 2018, and all statutory instruments up to and including Inland Fisheries Ireland Superannuation Scheme 2018 (S.I. No. 112 of 2018), made 29 March 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 10 of 2010


INLAND FISHERIES ACT 2010

REVISED

Updated to 1 March 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Inland Fisheries Acts 1959 to 2017: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Inland Fisheries (Amendment) Act 2017 (16/2017), s. 5(3)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) (No. 2) Act 1987 (32/1987)

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997) (in so far as it relates to IFI)

Fisheries (Amendment) Act 1999 (35/1999)

Water Services Act 2007 (30/2007), s. 111

Inland Fisheries Act 2010 (10/2010)

Inland Fisheries (Amendment) Act 2017 (16/2017)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1988, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Inland Fisheries (Amendment) Act 2017 (16/2017)

Workplace Relations Act 2015 (16/2015)

Freedom of Information Act 2014 (30/2014)

Protected Disclosures Act 2014 (14/2014)

Water Services (No. 2) Act 2013 (50/2013)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

All Acts up to and including Telecommunications Services (Ducting and Cables) Act 2018 (4/2018), enacted 4 April 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Inland Fisheries Ireland Superannuation Scheme 2018 (S.I. No. 112 of 2018)

Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (S.I. No. 602 of 2017)

Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016 (S.I. No. 636 of 2016)

Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 (S.I. No. 581 of 2015)

Wild Salmon and Sea Trout Tagging Scheme (Amendment) (No. 2) Regulations 2014 (S.I. No. 610 of 2014)

Inland Fisheries (Fixed Charge Notice) Regulations 2014 (S.I. No. 363 of 2014)

Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2014 (S.I. No. 301 of 2014)

Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2013)

Inland Fisheries (Fixed Charge Notice) Regulations 2013 (S.I. No. 76 of 2013)

Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012)

Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 (S.I. No. 706 of 2011)

Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Wild Salmon and Sea Trout Tagging Scheme Regulations 2011 (S.I. No. 326 of 2011)

Inland Fisheries (Fixed Charge Notice) Regulations 2011 (S.I. No. 81 of 2011)

Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010)

Inland Fisheries (Fixed Charge Notice) Regulations 2010 (S.I. No. 324 of 2010)

Wild Salmon and Sea Trout Tagging Scheme Regulations 2010 (S.I. No. 323 of 2010)

Inland Fisheries Act 2010 (Form of Instrument of Appointment) Regulations 2010 (S.I. No. 316 of 2010)

Inland Fisheries Act (Establishment Day) Order 2010 (S.I. No. 262 of 2010)

All statutory instruments up to and including Inland Fisheries Ireland Superannuation Scheme 2018 (S.I. No. 112 of 2018), made 29 March 2018, were considered in the preparation of this revision.


Number 10 of 2010


INLAND FISHERIES ACT 2010

REVISED

Updated to 1 March 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction and collective citation.

2. Definitions.

3. Expenses.

4. Repeals.

5. Establishment day.

PART 2

Establishment of Inland Fisheries Ireland

Chapter 1

Inland Fisheries Ireland

6. Inland Fisheries Ireland.

7. Functions of IFI.

8. Transfer of functions to IFI.

9. Regional operations of IFI.

10. Ministerial directions.

11. Seal of IFI.

12. Membership of IFI.

13. Election of staff representative to IFI.

14. Term of office of members of IFI.

15. Chairperson of IFI.

16. Role of IFI.

17. Conditions of office.

18. Removal of members from office.

19. Resignations and casual vacancies.

20. Meetings and procedures.

21. Committees of IFI.

22. Remuneration and expenses for members of IFI and committees.

23. Chief executive officer.

24. Functions of chief executive and their performance by deputy.

25. Delegation of functions.

26. Effects of delegation and sub-delegation of functions.

27. Certificate evidence concerning delegation of functions.

28. Chief executive to be accountable person.

29. Attendance of chief executive before Oireachtas Committee.

30. Employees.

31. Appointment of authorised persons.

32. Superannuation.

33. Staff schemes.

34. Consultants and advisers.

35. Standards of integrity.

36. Unauthorised disclosure of confidential information.

37. Protection from civil liability of persons who report certain misconduct.

38. Prohibition on penalisation.

39. False Statements.

40. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities.

41. IFI to prepare and submit corporate plan for Minister’s approval.

42. Publication and implementation of approved corporate plan.

43. Borrowings.

44. Estimates.

45. Grants to IFI.

46. Accounts of IFI.

47. Annual report of IFI.

Chapter 2

Transitional Arrangements

48. Dissolution of Central Board and regional boards.

49. Transfer of employees of Central Board and regional boards to IFI.

50. Transfer of pension liabilities relating to former employees of Central Board and regional boards.

51. Transfer of property, assets and liabilities to IFI.

52. Preservation of contracts, etc. and adaptation of references.

53. Pending legal proceedings.

54. Preservation of notices, records, etc.

55. Final accounts of Central Board and regional boards.

56. IFI to prepare final annual report for Central Board and regional boards.

PART 3

Inland Fisheries Administration

Chapter 1

Fisheries Bye-laws

57. Fisheries bye-laws.

Chapter 2

Fishery Year

58. Fishery year.

Chapter 3

Fishery Improvement

59. Powers of IFI in relation to improvement of fisheries.

Chapter 4

Acquisition and Transfer of Fisheries, etc.

60. Acquisition of fisheries, etc.

61. Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries.

62. Right of way (acquisition).

63. Transfer of fisheries to Minister or IFI by Commissioners.

64. Transfer of certain fisheries to IFI.

65. Compensation.

66. Arbitrator.

67. Provisions relating to orders made under sections 60, 61, 62 or 63.

68. Sale by Minister of certain fisheries, fishing rights and businesses.

Chapter 5

Wild Salmon and Sea Trout Tagging Scheme

69. Management of wild salmon and sea trout.

70. Provisions relating to certain offences under regulations made under section 69.

Chapter 6

Prohibitions

71. Prohibition of sale of certain fish.

72. Prohibition of sale of certain nets or netting.

Chapter 7

Register of Sea Anglers

73. Register of sea anglers.

Chapter 8

Issue of Licences for Fishing of a Specified Class or Description

74. Issue by IFI of licences for fishing of specified class or description.

PART 4

Legal Proceedings, Penalties, etc.

75. Certain offences to be tried on indictment.

76. Jurisdiction.

77. Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.

78. Forfeiture of licences and consequential disqualification orders.

79. Payment of certain fines as compensation — delivery of oysters or other fish.

80. Fixed charge notice.

80A. Summary proceedings.

PART 5

Miscellaneous

81. Certain rights to fish given to former life members of Trust.

82. Powers of Minister in operating a fishery.

83. Liability of Minister or IFI for damage by flooding.

SCHEDULE 1

Repeal of Existing Enactments

SCHEDULE 2

Consequential Amendments of Certain Acts

PART 1

Amendment of Fisheries (Consolidation) Act 1959

PART 2

Amendment of Wildlife Act 1976

PART 3

Amendment of Local Government (Water Pollution) Act 1977

PART 4

Amendment of Worker Participation (State Enterprises) Act 1977

PART 5

Amendment of Ombudsman Act 1980

PART 6

Amendment of Local Government (Water Pollution) (Amendment) Act 1990

PART 7

Amendment of Fisheries (Amendment) Act 1991

PART 8

Amendment of Fisheries (Amendment) Act 1995

PART 9

Amendment of Dumping at Sea Act 1996

PART 10

Amendment of Freedom of Information Act 1997

PART 11

Amendment of Fisheries (Amendment) Act 1997

PART 12

Amendment of Prompt Payment of Accounts Act 1997

PART 13

Amendment of Taxes Consolidation Act 1997

PART 14

Amendment of Official Languages Act 2003

PART 15

Amendment of Maritime Safety Act 2005

SCHEDULE 3

Consequential Amendments of Certain Statutory Instruments

PART 1

Amendment of Superannuation (Designation of Approved Organisations) Regulations 1981 (S.I. No. 437 of 1981)

PART 2

Amendment of Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992)

PART 3

Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993)

PART 4

Amendment of Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994)

PART 5

Amendment of Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994)

PART 6

Amendment of District Court Rules 1997 (S.I. No. 93 of 1997)

PART 7

Amendment of Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998)

PART 8

Amendment of Control of Dogs Regulations 1998 (S.I. No. 442 of 1998)

PART 9

Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999)

PART 10

Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001)

PART 11

Amendment of Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

PART 12

Amendment of Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002)

PART 13

Amendment of European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003)

PART 14

Amendment of Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)

PART 15

Amendment of European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006)

PART 16

Amendment of Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

SCHEDULE 4

Redress for Contravention of Section 38

SCHEDULE 5

Provisions Referred to in Sections 60 , 61 and 62

SCHEDULE 6

Fixed Charge Notice

PART 1

Provision of Fisheries (Consolidation) Act 1959

PART 2

Bye-laws made or deemed to have been made under Section 57


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act 1919

1919, c. 57

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Civil Service Regulation Acts 1956 and 1958

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Courts Act 1981

1981, No. 11

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Dumping at Sea Act 1996

1996, No. 14

Employees (Provision of Information and Consultation) Act 2006

2006, No. 9

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Fisheries (Amendment) (No. 2) Act 1987

1987, No. 32

Fisheries (Amendment) Act 1962

1962, No. 31

Fisheries (Amendment) Act 1964

1964, No. 23

Fisheries (Amendment) Act 1976

1976, No. 23

Fisheries (Amendment) Act 1987

1987, No. 14

Fisheries (Amendment) Act 1991

1991, No. 26

Fisheries (Amendment) Act 1994

1994, No. 23

Fisheries (Amendment) Act 1995

1995, No. 27

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Amendment) Act 1999

1999, No. 35

Fisheries (Amendment) Act 2000

2000, No. 34

Fisheries (Commissions) Act 1997

1997, No. 1

Fisheries (Consolidation) Act 1959

1959, No. 14

Fisheries Act 1980

1980, No. 1

Fisheries Acts 1959 to 1999

Forestry Acts 1919 and 1928

Forestry Acts 1946 to 1988

Freedom of Information Act 1997

1997, No. 13

Heritage Act 1995

1995, No. 4

Lands Clauses Consolidation Act 1845

1845, c. 18

Local Government (Water Pollution) Act 1977

1977, No. 1

Local Government (Water Pollution) (Amendment) Act 1990

1990, No. 21

Local Government Act 2001

2001, No. 37

Maritime Safety Act 2005

2005, No. 11

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Official Languages Act 2003

2003, No. 32

Ombudsman Act 1980

1980, No. 26

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Planning and Development Acts 2000 to 2006

Prompt Payment of Accounts Act 1997

1997, No. 31

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Act 1967

1967, No. 21

Redundancy Payments Acts 1967 to 2007

Registration of Title Act 1964

1964, No. 16

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Sea-Fisheries and Maritime Jurisdiction Act 2006

2006, No. 8

Standards in Public Office Act 2001

2001, No. 31

Superannuation and Pensions Act 1976

1976, No. 22

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

Water Services Act 2007

2007, No. 30

Wildlife (Amendment) Act 2000

2000, No. 38

Wildlife Act 1976

1976, No. 39

Worker Participation (State Enterprises) Act 1977

1977, No. 6

Worker Participation (State Enterprises) Act 1988

1988, No. 13


Number 10 of 2010


INLAND FISHERIES ACT 2010

REVISED

Updated to 1 March 2018


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, INLAND FISHERIES IRELAND OR, IN THE IRISH LANGUAGE, IASCACH INTÍRE ÉIREANN AND TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE CENTRAL FISHERIES BOARD AND REGIONAL FISHERIES BOARDS, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING AND TO AMEND AND EXTEND THE FISHERIES ACTS 1959 TO 2007.

[1 st June, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References in Act to employer construed for certain purposes as being to Inland Fisheries Ireland (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 3(5), S.I. No. 338 of 2015.

Construction of references to employer and employee

3. ...

(5) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Inland Fisheries Act 2010 (in this subsection referred to as the “Act of 2010”), references in this Act to employer shall be construed as references to IFI within the meaning of the Act of 2010.

...

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under—

( a) the provisions of the enactments specified in the Schedule, and

...

are transferred to the Minister for Public Expenditure and Reform.

4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 10 of 2010

Inland Fisheries Act 2010

Sections 7(3)(j), 18(8), 22(3), 30(2), 45, 60(1), 63(1), 64(1), 65(2), 68(1) and (2), 73(6)(a), 82(2) and Schedule 5, paragraph 9(a)

...

...

...