Fisheries (Consolidation) Act 1959
Saving for rights of the State.
269.—Where any portion of the seashore proposed to be comprised in an oyster fishery (1959 Act) order belongs to the State, the Minister shall not make the order without the consent of the Minister for Industry and Commerce.
Annotations
Amendments:
F240
Repealed by Fisheries (Amendment) Act 1997 (23/1997), s. 5(6), not commenced as of date of revision.
Modifications (not altering text):
C190
Prospective affecting provision: section repealed by Fisheries (Amendment) Act 1997 (23/1997), s. 5(6), not commenced as of date of revision.
269.—F240[…]
C191
Functions transferred and references to “Minister for Communications” and “Department of Communications” construed as Minister for and Department of Marine (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4, and sch. part IV ref. no. 9, in effect as per art. 1(2), subject to transitional provisions in arts. 5, 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 the Marine.
(2) References to the Department of Communications contained in any Act or 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 the Marine.
4. (1) The functions vested in the Minister for Communications—
(a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983) which relate to functions under any of the statutes and orders mentioned in Parts I and II of the Schedule to this Order, or
(b) by or under any of the statutes mentioned in Part III of the Schedule to this Order, or
(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number
are hereby transferred to the Minister for the Marine.
(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 and after the commencement of this Order, be construed as references to the Minister for the Marine.
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SCHEDULE
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PART IV
Statutes, certain functions under which are transferred from the Minister for Communications to the Minister for the Marine
Ref. No. |
Statute |
Provisions of the Statutes mentioned in the second column, functions under which are transferred to the Minister for the Marine |
(1) |
(2) |
(3) |
… |
… |
… |
9. |
Fisheries (Consolidation) Act 1959 |
Section 269 |
… |
… |
… |
Note that the name of the Minister for and Department of Marine was changed:
• to the Minister for and Department of Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).
Note that the full history of functions transferred under this section can be found at the beginning of the Act in the annotation section under "Be it enacted by the Oireachtas as follows".
C192
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.
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