110.—(1) Whenever, notwithstanding any decision made by the Special Commissioners under the provisions of the Salmon Fishery (Ireland) Act 1863, or any court of competent jurisdiction prior to the 14th day of July, 1939, the Minister is satisfied that there is not in a fishing weir a gap in accordance with section 107, the Minister may cause to be served on the occupier of such fishing weir a notice requiring such occupier to construct, in accordance with the said section 107 and within the time (not being less than one month from the service of such notice) specified in such notice, a free gap in such fishing weir.

(2) Where a notice has been served under subsection (1) of this section on the occupier of a fishing weir, such occupier may, within one month after the service of such notice, apply to the Judge of the Circuit Court within whose jurisdiction such fishing weir is situate for an order quashing such notice on the ground that there is already in such fishing weir a free gap in accordance with section 107, and thereupon the following provisions shall have effect:—

(a) such occupier shall give notice to the Minister of the application;

(b) such occupier and the Minister shall be entitled to appear on the hearing of the application and to adduce evidence;

(c) if such Judge is satisfied that there is already in such fishing weir a free gap in accordance with section 107 he shall quash such notice and direct the Minister to pay to such occupier the costs of the occupier of and incidental to the application, and such notice shall be deemed not to have been served;

(d) if such Judge is not so satisfied he shall refuse the application and direct such occupier to pay to the Minister the costs of the Minister of and incidental to the application, and may also amend such notice by extending the time specified in such notice for compliance therewith;

(e) the decision of such Judge on the application shall be final and conclusive and not appealable.

(3) Where—

(a) a notice has been served under subsection (1) of this section on the occupier of a fishing weir, and

(b) either—

(i) such occupier has not duly made, in relation to the notice, an application under subsection (2) of this section, or

(ii) such occupier has duly made, in relation to the notice, an application under the said subsection, but the application has been refused, and

(c) the occupier has not complied with the requirements of the notice,

the following provisions shall have effect:—

(I) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than fifty pounds and not more than one hundred pounds,

(II) the Minister may (whether proceedings have or have not been taken against such occupier under paragraph (I) of this subsection) enter on such fishing weir and any land adjoining such fishing weir and construct a free gap in such weir.

(4) Where the Minister constructs under this section a free gap in a fishing weir he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such fishing weir the expenses incurred by the Minister in constructing such free gap.

(5) Where any consequential damages arise out of the construction by the Minister of a free gap in a fishing weir, the occupier of such fishing weir shall be liable for such damages.

(6) This section shall not apply in respect of any fishing weir which is the subject of an order under subsection (2) of section 107.