Fisheries (Consolidation) Act 1959

F134[Renewal of Part X licence.

160

160. (1) Where—

(a) either—

(i) the holder of a Part X licence which is for the time being in force (either by virtue of the original issue or a renewal thereof) applies, within fourteen days before its expiration, to the F135[Inland Fisheries Ireland] for a renewal of the licence, or

(ii) the holder of a Part X licence which was in force (either by virtue of the original issue or a renewal thereof) on the 31st day of December in any year applies within one month after its expiration to F135[Inland Fisheries Ireland] for a renewal of the licence, and

(b)F136[There is sent with the application the sum of F137[€117] for any one of a salmon dealer's licence, an eel dealer's licence or a molluscan shellfish dealer's licence issued in respect of a specified place, in the case of holders of a number of Part X licences for a specified place, and, the sum of £20 each for the renewal of a second or third licence issued in respect of the same specified place,]

F135[Inland Fisheries Ireland] may renew such licence.

(2) Every application for the renewal of a Part X licence to F135[Inland Fisheries Ireland] shall—

(a) be made in writing, and

(b) be in the prescribed form and contain the prescribed particulars.

(3) Every renewal of a Part X licence shall be in the prescribed form.

(4) Every renewal of a Part X licence shall (unless the licence is previously terminated) continue in force until the expiration of the calendar year for which the licence was last renewed and shall then expire.

(5) (a) The Minister may, from time to time, by order amend subsection (1) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1) shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976 ) shall apply as regards an order under this subsection as it applies as regards an order under that section.

(6) F138[]]

Annotations

Amendments:

F134

Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 20, S.I. No. 243 of 1994.

F135

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 21(a), (b), S.I. No. 262 of 2010.

F136

Substituted (1.01.1995) by Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (S.I. No. 463 of 1994), art. 4, in effect as per art. 2.

F137

Substituted (1.01.2006) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2005 (S.I. No. 793 of 2005), art. 6, in effect as per art 2.

F138

Repealed (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1, commenced on enactment.

Modifications (not altering text):

C112

Sum under subs. (1)(b) altered (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), art. 7, in effect as per art. 2.

7. The sum standing specified in section 160(1)(b) of the Principal Act is altered to €128.

C113

Application of section restricted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 79, S.I. No. 203 of 1998.

Restriction of application of Part X of Principal Act.

79.— Part X of the Principal Act shall not apply to fish produced pursuant to a licence.

Editorial Notes:

E213

Power pursuant to subs. (5)(a) exercised (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), in effect as per art. 2.

E214

Power pursuant to section exercised (1.01.1995) by Fisheries (Salmon, Eel and Molluscan Shellfish Dealers' Licences) Regulations 1994 (S.I. No. 462 of 1994), in effect as per reg. 2.

E215

Power pursuant to section exercised (1.01.1995) by Licensed Salmon, Eel and Molluscan Shellfish Dealers' Register Regulations 1994 (S.I. No. 461 of 1994), in effect as per reg. 1(2).

E216

Power pursuant to subs. (5)(a) exercised (23.12.1982) by Salmon, Eel and Oyster (Miscellaneous Licences) (Alteration of Duties) Order 1982 (S.I. No. 386 of 1982).

E217

Previous affecting provision: power pursuant to subs. 5(a) exercised (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), in effect as per art. 2; revoked (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), art. 8, in effect as per art. 2.

E218

Previous affecting provision: power pursuant to subs. 5(a) exercised (1.01.2008) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2007 (S.I. No. 812 of 2007), in effect as per art. 2; revoked (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), art. 8, in effect as per art. 2.

E219

Previous affecting provision: power pursuant to subs. 5(a) exercised (1.01.2007) by Fisheries (Commercial Fishing Licences) (Alteration of Duties) Order 2006 (S.I. No. 628 of 2006), in effect as per art. 2; revoked (1.01.2008) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2007 (S.I. No. 812 of 2007), art. 8, in effect as per art. 2.

E220

Previous affecting provision: power pursuant to subs. (5)(a) exercised (1.01.2005) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2004 (S.I. No. 818 of 2004), in effect as per art. 2; revoked (1.01.2006) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2005 (S.I. No. 793 of 2005), art. 7, in effect as per. 2.

E221

Previous affecting provision: subs. (1)(b) amended (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 6, in effect as per art. 2, superseded (1.01.2006) as per F-note above.

E222

Previous affecting provision: power pursuant to section exercised (1.01.1995) by Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (S.I. No. 463 of 1994), in effect as per art. 2; revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.

E223

Previous affecting provision: subs. (1)(b) amended (1.01.1988) by Salmon, Eel and Oyster (Miscellaneous Commercial Licences) (Alteration of Duties) Order 1987 (S.I. No. 343 of 1987), art. 4(1)(b), in effect as per art. 4(2); section substituted (1.08.1994) as per F-note above.

E224

Previous affecting provision: power pursuant to subs. (5) exercised (21.12.1987) by Salmon, Eel and Oyster (Miscellaneous Commercial Licences) (Alteration of Duties) Order 1987 (S.I. No. 343 of 1987); revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.

E225

Previous affecting provision: subs. (1)(b) amended (1.01.1983) by Salmon, Eel and Oyster (Miscellaneous Licences) (Alteration of Duties) Order 1982 (S.I. No. 386 of 1982), art. 6(1)(c), in effect as per art. 6(2); superseded (1.01.1988) as per E-note above.

E226

Previous affecting provision: power pursuant to section exercised (29.01.1981) by Fisheries (Salmon Dealer's Licence) Regulations 1981 (S.I. No. 36 of 1981), in effect as per reg. 2; revoked (1.01.1995) by Fisheries (Salmon, Eel and Molluscan Shellfish Dealers' Licences) Regulations 1994 (S.I. No. 462 of 1994), reg. 8, in effect as per reg. 2.

E227

Previous affecting provision: subs. (1) amended, subs. (5) inserted (1.01.1981) by Fisheries Act 1980 (1/1980), s. 69(2)(a), (b), S.I. No. 414 of 1980; section substituted (1.08.1994) as per F-note above.

E228

Previous affecting provision: references in subs. (2) to “board of conservators” construed (29.10.1980) as references to “regional board” by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 paras. 2(a), (b); superseded (1.07.2010) as per F-note above.

E229

Previous affecting provision: subs. (2)(a) amended (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980, subject to transitional provisions in s. 76; section substituted (1.08.1994) as per F-note above.

E230

Previous affecting provision: subs. (1) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(gg), (hh), commenced on enactment; section substituted (1.08.1994) as per F-note above.