Fisheries (Consolidation) Act 1959

General powers of authorised persons.

296

296.(1) Any F254[member of the Garda Síochána or] authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things:—

(a) enter into and pass through or along F254[or remain on] the banks or borders of any lakes or rivers frequented by salmon F255[F256[trout (including any rainbow trout or char)] or their spawn or fry, eels or coarse fish] or of the tributaries thereof,

(b) with boats or otherwise enter upon any such lakes or rivers,

(c) enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such lakes or rivers,

(d) enter any boat engaged or about to engage in fishing,

(e) examine all standing, floating or other nets whatsoever,

(f) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,

(g) do all such other acts and things as he is authorised to do by or under this Act.

F254[(1A) Any member of the Garda Síochána or authorised person may enter any land for the purpose of enabling him to exercise elsewhere a power conferred on him by subsection (1) of this section.]

(2) Nothing in this section shall be construed as authorising any F254[member of the Garda Síochána or] authorised person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke is through such garden or curtilage.

Annotations

Amendments:

F254

Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(nn)(i), (oo), (pp), commenced on enactment.

F255

Substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(nn)(ii), commenced on enactment.

F256

Substituted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 14, S.I. No. 346 of 1987.