Fisheries (Consolidation) Act 1959

Oyster bed licences.

245

245.(1) The Minister may, subject to section 11 and to the provisions of this Chapter—

(a) grant to the owner of any several fishery or the owner of the bed and soil of any estuary, a licence to form or plant an oyster bed within the limits of such several fishery or over such bed and soil above or below the lowest water mark of spring tides,

(b) grant to the owner or occupier of any land bordering on the sea or any estuary or, with the consent of such occupier, to any person, a licence to form or plant an oyster bed on the shore adjacent to such land above or below the lowest water mark of spring tides,

(c) grant to any person a licence to form or plant an oyster bed below the lowest water mark of spring tides.

(2) No oyster bed licence shall be granted to lay or plant an oyster bed—

(a) in any place where the Minister is of opinion that the public exercise and enjoy bona fide a substantially profitable fishing for oysters, or

(b) within the limits of any oyster bed or oyster fishery the property of any private person, or

(c) within the limits of any several fishery without the consent in writing of the owner of such fishery.

(3) Where an oyster bed licence is granted to any occupier of land bordering on the sea or any estuary or to any person with the consent of such occupier, such licence shall remain in force only during the continuance in occupation of the person who was in occupation at the time of granting such licence.

(4) Where a licence is granted to any person with the consent of any owner, such licence shall remain in force only for such period as may be named in such consent.

(5) An oyster bed licence shall not, except for the purpose of forming or planting oyster beds or layings, affect any rights in or over the shore or bed of the sea.

Annotations

Modifications (not altering text):

C149

Application of subs. (1) restricted (31.08.1983) by Fisheries Act 1980 (1/1980), s. 54(10)(h), S.I. No. 261 of 1983.

54.— …

(10) …

(h) The Minister shall not after the commencement of this section either grant an oyster bed (1959 Act) licence or make an oyster fishery (1959 Act) order and sections 245(1) and 256 of the Principal Act shall each be construed and have effect subject to the foregoing provisions of this paragraph.

C150

References to “licences” under section construed (18.03.1980) by Fisheries Act 1980 (1/1980), s. 70(1), commenced on enactment.

Amendment of Part XIV of Principal Act.

70.—(1) The placing in or on, or in or on the water above, an oyster bed of any device or other thing which is used, or is intended for use, in the cultivation of oysters shall, for the purposes of section 245 of the Principal Act, be regarded as planting an oyster bed in a manner described in that section, and any licence under that section, whether granted before or after the passing of this Act, shall be construed and have effect in accordance with the foregoing.

C151

Application of section extended (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 30(1), S.I. No. 216 of 1962.

Provision in relation to Moville Area.

30.—(1) Sections 102, 103 and 114 and Parts XIII to XVI (which provisions relate to sea fisheries and certain other matters) of the Principal Act shall (notwithstanding section 325 of that Act) extend to the Moville Area and, for the purpose of giving full effect to the said provisions, every other provision of the Principal Act or of this Act which is applicable in relation to any of the said provisions shall also extend to that Area.