Fisheries (Consolidation) Act 1959
Restrictions on Minister's powers.
217.—Nothing in this Act shall operate to authorise the Minister—
(a) to construct or erect on tidal lands (within the meaning of the Foreshore Act 1933 (No. 12 of 1933)), any work or structure, other than a fixed engine for the capture of salmon, trout or eels lawfully existing, or for which a certificate granted under section 6 of the Salmon Fishery (Ireland) Act 1863, existed, in the year 1939, without the consent of the Minister for Industry and Commerce or otherwise than in accordance with the terms and conditions of such consent;
(b) to erect any buildings or structures which may interfere with the amenities of the residence or pleasure grounds of a person who was the owner or occupier of a fishery vested in the Minister under Chapter II of this Part or operate such fishery in such a way as to interfere with such amenities.
Annotations
Modifications (not altering text):
C146
Functions under subpara. (a) 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).
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".