Fisheries (Consolidation) Act 1959
Legal Proceedings.
Trial of offences.
309.—F275[(1) Notwithstanding anything contained in any other enactment, an offence under the Fisheries Acts 1959 to 2006, other than the Sea-Fisheries Acts 2003 and 2006, may be heard and determined in a summary way by a judge of the District Court upon the complaint, verbal or otherwise, of a member of the Garda Síochána, the Central Board, a regional board, an officer or employee of a board, a private waterkeeper (within the meaning of Part XVIII) or any other person.]
(2) F276[…]
(3) Where an offence under the repealed enactments or an offence under any provision of this Act has been, or is alleged to have been committed in or upon any waters forming the boundary between two or more Districts established for the purposes of the District Court, then, notwithstanding section 79 of the Courts of Justice Act 1924 (No. 10 of 1924), proceedings in respect of the offence may be brought, heard and determined before and by a District Justice for the time being assigned to any one of the said Districts and such offence may be alleged and stated in an information or summons to have been committed in the District where it is proposed to bring the proceedings.
Annotations
Amendments:
F275
Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 95, commenced on enactment.
F276
Repealed (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 4(1) and sch. 1, commenced on enactment.
Modifications (not altering text):
C231
Application of section restricted (26.02.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 65(3), S.I. No. 46 of 1998.
Offences and general penalty for contravention or failure to comply with provision of Act.
65.—…
(3) Notwithstanding section 309 of the Principal Act, a summary offence under the Fisheries (Amendment) Act, 1997, shall be prosecuted only—
(a) by the Minister; or
(b) at the suit of the Director of Public Prosecutions.
C232
Section applied with modifications and references to "penalty" and “the forfeiture” construed (4.07.1978) by Fisheries (Amendment) Act 1978 (18/1978), s. 2(5)(b), commenced on enactment.
Indictable and summary proceedings for certain offences.
2.—…
(5) …
(b) Part XIX of the Principal Act shall apply to the fines and forfeitures provided for by this section and the Tables to this section as it applies to the fines and forfeitures referred to in that Part and references in sections 316 and 317 of the Principal Act to a District Justice and the District Court shall, in the case of a conviction by a court other than the District Court, be construed as references to that other court.
Editorial Notes:
E1636
Previous affecting provision: subs. (2) applied with modifications (23.07.2003) by Sea Fisheries (Conservation and Rational Exploitation) Regulations 2003 (S.I. No. 332 of 2003), reg. 8, in effect as per reg. 1(2); subs. (2) repealed (4.04.2006) as per F-note above.
E1637
Previous affecting provision: subs. (2) applied with modifications (12.12.2001) by Sea Fisheries (Conservation and Rational Exploitation) Order 2001 (S.I. No. 557 of 2001), art. 8, in effect as per art. 1; subs. (2) repealed (4.04.2006) as per F-note above.
E1638
Previous affecting provision: subs. (2) applied with modifications (6.09.2001) by Sea Fisheries (Conservation and Rational Exploitation of Hake) Order 2001 (S.I. No. 409 of 2001), art. 11, in effect as per art. 1; revoked (10.04.2002) by Sea Fisheries (Conservation and Rational Exploitation of Hake) Order 2002 (S.I. No. 124 of 2002), art. 7, in effect as per art. 1.
E1639
Previous affecting provision: subs. (2) applied with modifications (1.04.1988) by Sea Fisheries (Conservation and Rational Exploitation) Order 1988 (S.I. No. 49 of 1988), art. 7, in effect as per art. 1(2); revoked (12.12.2001) by Sea Fisheries (Conservation and Rational Exploitation) Order 2001 (S.I. No. 557 of 2001), art. 9, in effect as per art. 1.
E1640
Previous affecting provision: subs. (2) applied with modifications and references construed (2.01.1987) by Sea Fisheries (Conservation and Rational Exploitation) Order 1987 (S.I. No. 2 of 1987), art. 7, in effect as per art. 1(2); revoked (1.04.1988) by Sea Fisheries (Conservation and Rational Exploitation) Order 1988 (S.I. No. 49 of 1988), art. 8, in effect as per art. 1(2).
E1641
Previous affecting provision: subs. (2) applied with modifications and references construed (5.06.1984) by Salmon (Restriction of Fishing At Sea) Order 1984 (S.I. No. 117 of 1984), art. 3; subs. (2) repealed (4.04.2006) as per F-note above.
E1642
Previous affecting provision: subs. (2) applied with modifications and references construed (5.04.1984) by Sea Fisheries (Conservation and Rational Exploitation) Order 1984 (S.I. No. 87 of 1984), art. 7; revoked (2.01.1987) by Sea Fisheries (Conservation and Rational Exploitation) Order 1987 (S.I. No. 2 of 1987), art. 8, in effect as per art. 1(2).
E1643
Previous affecting provision: subs. (1) substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 49, commenced on enactment; subs. (1) substituted (4.04.2006) as per F-note above.
E1644
Previous affecting provision: subs. (2) substituted (4.07.1978) by Fisheries (Amendment) Act 1978 (18/1978), s. 15(2), commenced on enactment; subs. (2) repealed (4.04.2006) as per F-note above.