Inland Fisheries Act 2010

SCHEDULE 2

Consequential Amendments of Certain Acts

PART 1

Amendment of Fisheries (Consolidation) Act 1959

Item

Provision affected

Amendment

1.

Section 20

In subsection (4) (amended by section 64 of the Act of 1980) substitute subparagraph (i) or (ii) of section 6(3)(a) of the Inland Fisheries Act 2010” for “subparagraph (i) or (ii) of section 10(9)( a) of the Fisheries Act 1980”.

2.

Section 50

( a) In subsection (1) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or any regional board”.

( b) In subsection (3) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or a regional board” and “such board” where occurring.

3.

Section 54 (amended by Part I of the Fourth Schedule)

Substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.

4.

Section 55

In subsection (1) (amended by Part I of the Fourth Schedule)

( a) substitute “Inland Fisheries Ireland” for“Every regional board”,

( b) substitute “within a fishery district” for “within its fisheries region”, and

( c) substitute “Inland Fisheries Ireland’s expenditure” for “the regional board’s expenditure”.

5.

Section 57

In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery is situate”.

6.

Section 59

In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland may be recovered at the suit of Inland Fisheries Ireland” for “a regional board may be recovered at the suit of the board”.

7.

Section 62

( a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland in respect of any special tidal waters there are during that year or part thereof” for “every regional board within whose fisheries region there are during that year or part thereof any special tidal waters”.

( b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland where” for “any regional board within whose fisheries region”.

8.

Section 67

( a) In subsection (6) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board”.

( b) In subparagraph (i) of subsection 6( b) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “the regional board concerned”.

( c) In subsection (7) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “that board”.

( d) In subsection (9) (amended by section 67 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the regional board concerned”.

( e) In subsection (11) (amended by section 5 of the Act of 1987) delete “and being a fishery district in the fisheries region of the regional board by which it was issued”.

9.

Section 69

( a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate” and “such board” where occurring.

( b) In subsection (3) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

( c) In subsection (4) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” and “the said regional board” where occurring.

( d) In subsection (5) (amended by Part I to the Fourth Schedule)—

(i) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate”, and

(ii) substitute “Inland Fisheries Ireland” for “the board”.

10.

Section 70

In subsection (1) (amended by Part I of the Fourth Schedule)

( a) substitute “Inland Fisheries Ireland” for “A regional board”, and

( b) substitute “Inland Fisheries Ireland” for “the board”, “a regional board” and “that board” where occurring.

11.

Section 72

( a) In subsection ( a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such fishery district is situate”.

( b) In subparagraph (i) of subsection ( b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “such regional board”.

12.

Section 74

In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region special tidal waters are situate” and for “the regional board within whose fisheries region such tidal waters are situate”.

13.

Section 75

In subsection (1)( b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.

14.

Section 77

In subsection (1) (amended by Part I of the Fourth Schedule)

( a) substitute “Inland Fisheries Ireland” for “a regional board”,

( b) delete “situate in the fisheries region of the board”, and

( c) in paragraphs ( b), ( c) and ( d) substitute “Inland Fisheries Ireland” for “such board”.

15.

Section 100

( a) In subsection (5) (amended by section 27 of the Act of 1999) substitute—

(i) in paragraphs ( a), ( b), ( c) and ( d) “Inland Fisheries Ireland” for “A regional board”, and

(ii) in paragraph ( d) “Inland Fisheries Ireland” for “the board”.

( b) In subsection (6) (amended by section 27 of the Act of 1999) substitute—

(i) in paragraph ( a) “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring,

(ii) in paragraphs ( b)(i) and (ii) “Inland Fisheries Ireland” for “the regional board”, and

(iii) in paragraph ( c) “Inland Fisheries Ireland” for “the regional board”.

( c) In subsection (6A) (inserted by section 27 of the Act of 1999) substitute—

(i) “Inland Fisheries Ireland” for “A regional board”, and

(ii) delete “except in relation to its own fisheries region and”.

16.

Section 115

In subsection (4) (amended by Part I of the Fourth Schedule)

( a) substitute “Inland Fisheries Ireland” for “A regional board”,

( b) delete “in its fisheries region”, and

( c) substitute “Inland Fisheries Ireland” for “the said board”.

17.

Section 118

In subsection (6) (amended by Part I of the Fourth Schedule)

( a) substitute “Inland Fisheries Ireland” for “A regional board”,

( b) delete “in its fisheries region”, and

( c) substitute “Inland Fisheries Ireland” for “the said board”.

18.

Section 154 (inserted by section 20 of the Act of 1994)

In paragraph ( a) of the definition of “inspector” substitute “Inland Fisheries Ireland” for “a regional board”.

19.

Section 158 (inserted by section 20 of the Act of 1994)

In subsection (2) substitute “Inland Fisheries Ireland” for “the regional board in whose fisheries region is situate any fisheries district in which he carries on or proposes to carry on the business of selling, or exporting for sale, salmon and trout, eels or molluscan shellfish, as the case may be” and “each such board” where occurring.

20.

Section 159 (inserted by section 20 of the Act of 1994)

( a) In subsection (1) substitute “Inland Fisheries Ireland” for “the board”.

( b) In subsection (1)( a)—

(i) substitute “Inland Fisheries Ireland” for “the regional board”, and

(ii) delete “within such board’s fisheries region”.

( c) In subsection (2) substitute “Inland Fisheries Ireland” for “a regional board”.

21.

Section 160 (inserted by section 20 of the Act of 1994)

( a) In subsection (1) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “the board” where occurring.

( b) In subsection (2) substitute “Inland Fisheries Ireland” for “a Regional Board”.

22.

Section 161 (inserted by section 20 of the Act of 1994)

In subsection (2)( b) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “board” where occurring.

23.

Section 170

In subsection (2)( b) and (2)( c) (amended by section 12 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board” and “that board” where occurring.

24.

Section 294

In subsection (2A)( a) (inserted by section 17 of the Act of 1991) substitute “Inland Fisheries Ireland” for “the appropriate regional board”.

25.

Section 297

In subsection (2)( b) (amended by Section 71 of the Act of 1980) substitute “Inland Fisheries Ireland” for “a regional board” and “that board”.

26.

Section 298

( a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

( b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

27.

Section 301

( a) In subsection (1)( b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” where occurring.

( b) In subsection (2A) (as inserted by section 53 of the Act of 1980) substitute “ paragraph (a), (b), (c) or (d) of section 57(4) of the Inland Fisheries Act 2010” for “paragraph ( a), ( b), ( c) or ( d) of section 46(4) of the Fisheries Act 1980”.

28.

Section 315

In subparagraph (i) of section 315(2)( a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

29.

Section 318

( a) In subparagraph (i)(I) of section 318(1)( b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

( b) In subparagraph (ii) of section 318(1)( b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the said regional board”.

30.

Section 319

In subparagraph (i)(I) of section 319(1)( c) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.

(2) The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).

(3) References in this Part to the Fourth Schedule are to be read as references to the Fourth Schedule to the Act of 1980.

PART 2

Amendment of Wildlife Act 1976

Item

Provision affected

Amendment

1.

Section 40(2)

In paragraph ( cc) (inserted by the Wildlife (Amendment) Act 2000) substitute “Inland Fisheries Ireland” and “ Inland Fisheries Acts 1959 to 2010” for “the Central Fisheries Board or a regional fisheries board” and “Fisheries Acts 1959 to 1999” respectively.

PART 3

Amendment of Local Government (Water Pollution) Act 1977

Item

Provision affected

Amendment

1.

Section 1

Delete the definitions (inserted by section 2 ofthe Local Government (Water Pollution) (Amendment) Act 1990) of “fisheries region” and “regional board”.

2.

Section 10 (inserted by section 7 of the Local Government (Water Pollution) (Amendment) Act 1990)

Substitute the following subsection for subsection (4)

“(4) ( a) Where a person does not comply with an order under subsection (1), Inland Fisheries Ireland or the local authority in whose functional area the waters concerned are situated, may take any steps specified in the order to mitigate or remedy the effects of the entry or discharge concerned.

( b) The amount of any expenditure incurred by a local authority or Inland Fisheries Ireland in relation to steps taken by it under paragraph ( a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or Inland Fisheries Ireland, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.”.

3.

Section 15(6) (inserted by section 11 of the Local Government (Water Pollution) (Amendment) Act 1990)

Substitute the following subsection for subsection (6)

“(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.”.

Annotations:

Modifications (not altering text):

C6

Certain references to “sanitary authority” construed as “Irish Water” (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 7(3), (4), S.I. No. 575 of 2013.

Transfer of functions from water service authorities to Irish Water

7.— ...

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

PART 4

Amendment of Worker Participation (State Enterprises) Act 1977

Item

Provision affected

Amendment

1.

First Schedule (inserted by section 24 of the Worker Participation (State Enterprises) Act 1988)

In Part III to the First Schedule substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.

PART 5

Amendment of Ombudsman Act 1980

Item

Provision affected

Amendment

1.

Second Schedule (as amended by the Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985 ( S.I. No. 69 of 1985))

Substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.

PART 6

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

Item

Provision affected

Amendment

1.

Section 26

Substitute “Inland Fisheries Ireland” for “a regional board”, “board concerned” and “board” where occurring.

2.

Section 27

In Part II of the Table to section 27 substitute “Inland Fisheries Ireland” for “a regional board in whose functional area any of the waters concerned are situated”.

3.

Section 28

Substitute “Inland Fisheries Ireland” for “regional board concerned” and “or board”.

PART 7

Amendment of Fisheries (Amendment) Act 1991

Item

Provision affected

Amendment

1.

Section 16

( a) In subsection (1) substitute “within the State” for “in the fisheries region of the regional board by which it was issued”.

( b) In subsection (3) substitute “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring.

( c) In subsection (4) substitute “Inland Fisheries Ireland” for “each regional board”.

PART 8

Amendment of Fisheries (Amendment) Act 1995

Item

Provision affected

Amendment

1.

Section 2

( a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board”.

( b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board in respect of which a report is being prepared under this section” and “a report under this section” for “the report” respectively.

( c) In subsection (3) substitute “Inland Fisheries Ireland” for “the board concerned”.

( d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

( e) In subsection (6) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

2.

Section 3

( a) In subsection (1)( a), ( b) and ( b)(ii) substitute “Inland Fisheries Ireland” for “a board” or “the board” where occurring.

( b) In subsection (2)( a) substitute “Inland Fisheries Ireland” for “the board concerned”.

( c) In subsection (3) substitute “Inland Fisheries Ireland” for “a board” and “the said board” where occurring.

( d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board”.

( e) In subsection (7) substitute “Inland Fisheries Ireland” for “a board”.

3.

Section 4

( a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring.

( b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board to which a notice aforesaid is given”.

4.

Section 5

In subsection (10) substitute Subsections (6) and (7) of section 18 of the Inland Fisheries Act 2010” for “Subsections (4) and (5) of section 24 of the Act of 1980” and substitute “ subsection (4) of that section” for “subsection (2) of that section”.

5.

Section 6

( a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

( b) In subsection (2) substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring.

( c) In subsection (4) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring.

( d) In subsection (6) substitute “Inland Fisheries Ireland” for “the board concerned”.

6.

Section 7

Substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring.

7.

Section 8

Substitute the following for section 8:

“8.— (1) The Minister may remove from office a member of IFI who is responsible for a failure to comply with a requirement or request made of IFI under subsection (2) or (3) of section 2, or section 7 of this Act.

(2) This section is without prejudice to the provisions of sections 17(1) and 18(1) of the Inland Fisheries Act 2010.

(3) References to sections 17(1) and 18(1) of the Inland Fisheries Act 2010 shall be construed as including references to this section.”.

8.

Section 9

In subsection (3) substitute “Inland Fisheries Ireland” for “a board concerned”.

9.

Section 10

Substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

PART 9

Amendment of Dumping at Sea Act 1996

Item

Provision affected

Amendment

1.

Section 6

( a) In subsection (1)( b)—

(i) delete “, in relation to the fisheries regions created under section 10 of the Fisheries Act, 1980,”, and

(ii) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board established by the said Act,”.

( b) Delete subsection (1)( c).

PART 10

Amendment of Freedom of Information Act 1997

Item

Provision affected

Amendment

1.

Third Schedule

At the end of Part I insert

( a) in column (2), “ Inland Fisheries Act 2010.”, and

( b) in column (3), “ Section 36. ” opposite the mention in column (2) of the Inland Fisheries Act 2010.

PART 11

Amendment of Fisheries (Amendment) Act 1997

Item

Provision affected

Amendment

1.

Section 39

In subsection (2) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.

2.

Section 77

In subsection (1) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.

PART 12

Amendment of Prompt Payment of Accounts Act 1997

Item

Provision affected

Amendment

1.

Schedule

( a) Insert “Inland Fisheries Ireland”, and

( b) delete “Central Fisheries Board” and “Regional Fisheries Boards”.

PART 13

Amendment of Taxes Consolidation Act 1997

Item

Provision affected

Amendment

1.

Schedule 4

( a) Delete—

(i) “18. The Central Fisheries Board.”,

(ii) “33. Eastern Regional Fisheries Board.”,

(iii) “80. The Northern Regional Fisheries Board.”,

(iv) “81. The North Western Regional Fisheries Board.”,

(v) “93. The Shannon Regional Fisheries Board.”,

(vi) “94. The Southern Regional Fisheries Board.”,

(vii) “95. “The South Western Regional Fisheries Board.”, and

( b) insert the following after paragraph 53A, “53AB. Inland Fisheries Ireland.”.

2.

Schedule 13

( a) Delete paragraphs 96 and 97, and

( b) insert after paragraph 173—

“174. Inland Fisheries Ireland.”.

PART 14

Amendment of Official Languages Act 2003

Item

Provision affected

Amendment

1.

Schedule 1

( a) In paragraph 1(2) of the Irish text substitute “Iascach Intíre Éireann” for “An Príomh-Bhord Iascaigh agus Boird Iascaigh Réigiúnacha”.

( b) In paragraph 1(2) of the English text substitute “Inland Fisheries Ireland” for “Central and Regional Fisheries Boards”.

PART 15

Amendment of Maritime Safety Act 2005

Item

Provision affected

Amendment

1.

Section 18

In paragraph ( e) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board (within the meaning of the Fisheries Act 1980)”.