Fisheries (Consolidation) Act 1959
Alteration of abandoned and disused dams.
117.—(1) Whenever the Minister is satisfied that any dam constructed or placed in any river has been abandoned or disused for not less than five years or has not during that period effectively been used for the purpose for which it was constructed and directly or indirectly obstructs or contributes to the obstruction of the free passage and migration of fish or affords facilities for the unlawful destruction of fish, the Minister may cause to be served on any person who appears to him to be the owner or the occupier of such dam a notice requiring such person to execute within the time (not being less than one month from the service of such notice) specified in such notice such alterations (including additions and complete or partial removal) of such dam as shall appear to the Minister to be requisite for securing the free passage and migration of fish or removing the facilities for the unlawful destruction of fish (as the case may be) and shall be specified in such notice.
(2) Where a notice has been served under subsection (1) of this section and the alterations specified in such notice are not executed within the time specified in that behalf in such notice, the Minister may enter on the dam to which such notice relates and any land adjoining such dam and execute the said alterations of such dam.
(3) Where the Minister executes under this section any alterations of a dam and is satisfied that such alterations became necessary by reason of the wilful neglect of the owner or the occupier of such dam, the Minister may recover as a simple contract debt in any court of competent jurisdiction from such owner or occupier the expenses incurred by the Minister in the execution of such alterations.
(4) Whenever the Minister is entitled under this section to serve a notice requiring alterations of a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or other person appointed by the Minister to make such inspection and examination shall be entitled for that purpose to enter at all reasonable times on such dam and any land adjoining thereto.
(5) The Minister shall not be liable for any charges for the maintenance of any dam required by him to be altered or altered by him under this section, or for any consequential damages to any property or person arising out of such alteration or the carrying out thereof.
(6) Whenever the Minister proposes, in relation to any abandoned or disused dam which was constructed or placed in a river for or in connection with the sustaining of water for navigation, to serve a notice or execute any alterations under this section, he shall consult with the Minister for Industry and Commerce before serving such notice or executing such alterations.
Annotations
Modifications (not altering text):
C76
Functions under subs. (6) 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.
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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).
Note that the full history of transfer of functions under this section can be found in the annotations at the beginning of the Act under "Be it enacted by the Oireachtas as follows".