C1

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. …

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

SECOND SCHEDULE

C2

Functions transferred and references to “Minister for Finance” and “Department of Finance” construed as Minister for and Department of Public Expenditure and Reform (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), subject to transitional provisions in arts. 5, 6, 7, 9.

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.

…

Article 3(a)

SCHEDULE

Enactments

C3

Functions of the “Central Board” and “regional boards” transferred to “Inland Fisheries Ireland”, references construed and Central Board and regional boards dissolved (1.07.2010) by Inland Fisheries Act 2010 (10/2010), ss. 7(11), 8, 48(1) and sch. 2 part 1, commenced on enactment.

Functions of IFI.

7.— …

(11) The powers under the Principal Act to issue licences, for fishing for salmon or eels and to issue oyster fishing licences which, immediately before the establishment day, were exercisable by a regional board shall, on and from the establishment day, be exercisable by IFI. Duties payable as regards licences issued under the Principal Act shall be paid to IFI.

Transfer of functions to IFI.

8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.

(2) The functions vested in the Central Board or a regional board by or under—

(a) the provisions of the enactments mentioned in Schedule 2, and

(b) the regulations mentioned in Schedule 3,

are, on the establishment day, transferred to IFI.

…

(5) The functions transferred by this Act to IFI include the functions specified in any enactment referred to in Schedule 2 or Schedule 3 as a function of the following—

(a) the chief executive officer of the Central Board, and

(b) the chief executive officer of any regional board.

…

Dissolution of Central Board and regional boards.

48.— (1) On the establishment day the Central Board and each of the regional boards are dissolved.

…

SCHEDULE 2

Consequential Amendments of Certain Acts

Section 8

PART 1

Amendment of Fisheries (Consolidation) Act 1959

(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).

…

C4

Application of Act restricted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 57(8), S.I. No. 262 of 2010.

Fisheries bye-laws.

57.— …

(8) Notwithstanding anything contained in the Principal Act, the Minister may, if he or she thinks fit—

(a) make a bye-law, without previously having held an inquiry into the feasibility of making the bye-law, under any provision of the Principal Act empowering him or her to make a bye-law, and

(b) make a bye-law, without an application having been made to the Minister to have an inquiry held into the feasibility of making the bye-law—

(i) altering the period which is in any locality the annual close season for salmon and trout, the annual close season for angling for salmon, the annual close season for angling for trout, the annual close season for pollen, the annual close season for eels, or the close season for oysters, or

(ii) under section 272 of the Principal Act.

…

C5

Trial on indictment provided for, certain penalties under Act altered and references to “summary conviction” construed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), ss. 75(1), (3), 77(1), (2)(a), (b), (c), (d), (8) and table part 1, S.I. No. 262 of 2010. Note application of Fines Act 2010 (8/2010), Part 2.

Certain offences to be tried on indictment.

75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.

…

(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.

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

77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.

(2) (a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both and that section shall be read and have effect accordingly.

(b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly.

(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75 (1), is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both.

(d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.

…

(8) This section has effect in respect of offences committed after the establishment day.

TABLE

PART 1

C6

Application of Act restricted (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 9, 11, in effect as per reg. 1(2).

Emission controls and environmental quality standards

…

9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.

…

Review of existing authorisations

11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,

(a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and

(b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or

(c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.

(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.

C7

Penalties under ss. 171, 172 altered (31.12.2007) by Water Services Act 2007 (30/2007), s. 111, S.I. No. 846 of 2007.

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act 1959.

111.— A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation) Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of 1990—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.

C8

Application of Act extended (8.10.2005) by European Communities (Satellite-Based Vessel Monitoring Systems) Regulations 2005 (S.I. No. 641 of 2005), reg. 9.

9. A sea fisheries protection officer may for the purposes of enforcing the Commission Regulation exercise any of the powers conferred on a sea fisheries protection officer under the Act of 1959.

C9

Application of Act extended (23.07.2003) by Sea Fisheries (Conservation and Rational Exploitation) Regulations 2003 (S.I. No. 332 of 2003), reg. 8(1), in effect as per reg. 1(2).

8. (1) For the purpose of enabling these Regulations to have full effect all of the powers conferred on a sea fisheries protection officer by the Principal Act are hereby extended to such extent as is appropriate for the enforcement of these Regulations.

C10

Application of Act extended (12.12.2001) by Sea Fisheries (Conservation and Rational Exploitation) Order 2001 (S.I. No. 557 of 2001), art. 8(1), in effect as per art. 1.

8. (1) For the purpose of enabling this Order to have full effect all of the powers conferred on a sea fisheries protection officer by the Principal Act are hereby extended to such extent as is appropriate for the enforcement of this Order.

C11

Application of Act restricted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 77(2), S.I. No. 203 of 1998.

Recapture of escaped stock.

77.— …

(2) The Minister, or an officer of the Minister designated by the Minister for the purposes of this section, may, notwithstanding any other provision of this Act or of the Fisheries Acts 1959 to 1995, authorise a licensee or other person or body to take such action as is specified in the authorisation to recapture stock which has escaped from a facility operated under a licence.

C12

Functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e) transferred and references to "Minister for Communications" and “Department of Communications” construed as Minister for and Department of Tourism, Transport and Communications (8.02.1991) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1991 (S.I. No. 26 of 1991), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 6, 7, 9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Tourism, Transport and Communications.

(2) References to the Department of Communications contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Transport and Communications.

4. (1) There are hereby transferred to the Minister for Tourism, Transport and Communications the functions vested in the Minister for Communications by or under the Ministers and Secretaries (Amendment) Act 1983.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on or after the commencement of this Order, be construed as references to the Minister for Tourism, Transport and Communications.

…

Note that the name of the Minister for and Department of Tourism, Transport and Communications was changed:

• to the Minister for and Department of Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993), arts. 2, 3, in effect as per art. 1(2);

• to the Minister for and Department of Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997), arts. 2, 3, in effect as per art. 1(2);

• to the Minister for and Department of Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Transport (17.09.2020) by Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 351 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C13

Functions under s. 269 transferred and references to “Minister for Communications” and "Department of Communications" construed as Minister for and Department of Marine (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4, and sch. part IV ref. no. 9, in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of the Marine.

(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine.

4. (1) The functions vested in the Minister for Communications—

(a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983) which relate to functions under any of the statutes and orders mentioned in Parts I and II of the Schedule to this Order, or

(b) by or under any of the statutes mentioned in Part III of the Schedule to this Order, or

(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for the Marine.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine.

…

SCHEDULE

…

PART IV

Statutes, certain functions under which are transferred from the Minister for Communications to the Minister for the Marine

Note that the name of the Minister for and Department of Marine was changed:

• to the Minister for and Department of Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C14

Functions transferred and references to “Minister for Agriculture and Fisheries” and "Department of Agriculture and Fisheries" construed as “Minister for Lands” and "Department of Lands" (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(1)(a), (6), subject to transitional provisions in arts. 6, 7, 8.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Lands.

(2) References to the Department of Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Lands.

4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under the following Acts are hereby transferred to the Minister for Lands:

(a) the Fisheries Acts 1959 to 1976,

…

(6) References to the Minister for Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Lands.

Note that the name of the Minister for and Department of Lands was changed:

• to the Minister for and Department of Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Fisheries and Forestry (15.07.1978) by Fisheries (Alteration of Name of Department and Title of Minister) Order 1978 (S.I. No. 195 of 1978), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Tourism, Fisheries and Forestry (19.02.1986) by Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 40 of 1986), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Marine (19.03.1987) by Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 82 of 1987), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C15

Provisions of Act applied with modifications (1.03.1962) by Foyle Fisheries (Amendment) Act 1961 (44/1961), s. 10(1) and table, S.I. No. 24 of 1962.

Application of Fisheries (Consolidation) Act 1959 to Moville Area.

10.— (1) The provisions of the Fisheries (Consolidation) Act 1959 indicated in the Table to this section shall, notwithstanding section 325 of that Act, extend to the Moville Area with the substitution, for references to boards of conservators, of references to the Commission and, for references to a fishery district, of references to the Moville Area and subject also to the modifications mentioned in the Table.

…

TABLE

Provisions of Fisheries (Consolidation) Act 1959, Extended to Moville Area.

Part II.

Miscellaneous Powers and Duties of the Minister.

Sections 15 and 17.

Part IV.

Boards of Conservators.

Section 49 except subsection (6).

Part V.

Rates on Fisheries.

Sections 55(4), (7), 56, 57: with the modification that references to a rate shall be read as references to a rate under section 23 of the Principal Act.

Part VII.

Regulations as to Nets.

Section 93.

Part VIII.

Fixed Engines, Fishing Weirs, Fishing Mill Dams and other Obstructions to the Passage of Fish.

Sections 97 to 100, 109, 115 to 125.

Part IX.

(Chapter I, Divisions II and III.)

Prohibition of Export of Salmon and Capture, Sale, etc., of Trout at Certain Times.

Sections 135 and 136.

Part X.

Restrictions on Sale and Export for Sale of Salmon and Trout.

Sections 154 to 163: with the modifications that references to the clerk to a Board of Conservators shall be read as references to an officer of the Commission, and that sections 156(1) and 157(1) shall be read as if “the Foyle Fisheries Commission” were inserted after “the Minister”.

Part XI.

Miscellaneous Provisions in relation to Salmon and Freshwater Fisheries.

Sections 168, 171, 172 177 to 181, 183.

Part XII.

Transfer to the Minister of Certain Fisheries.

Sections 192, except subsection (1), 193, 194, except subsection (2), 197, 210 to 215, 217: with the modification that “transferable fishery” shall not include a fishery vested in the Minister and the Ministry or in the Commission.

Part XVIII.

Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána and other Persons.

Sections 295 to 297, 301: with the modifications that references to “conservators' water keepers” and “private water keepers” shall be read, respectively, as including references to river watchers and private river watchers under the Principal Act and that references to “instruments of appointment” shall be read as including references to instruments of appointment under the Principal Act.

Part XIX.

Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.

Sections 309 1(1) 3(3), 310 to 314, 316, 317, 319, 320, 324.