Fisheries (Consolidation) Act 1959
Disposal of proceeds of sale of fish in pursuance of a direction under section 301(4).
319.—(1) Where any fish are sold in pursuance of a direction under subsection (4) of section 301, the following provisions shall have effect—
(a) in case—
(i) proceedings are duly instituted against any person charging him with an offence under any provision of this Act in relation to such fish, and
(ii) such person is convicted of the offence, and
(iii) such fish would, but for the sale thereof, as a statutory consequence of such conviction stand forfeited, the net proceeds of such sale shall be paid into, or disposed of for, the benefit of the Exchequer in such manner as the Minister for Finance shall direct;
(b) in any other case, the said net proceeds shall on demand be paid to the owner of such fish;
F282[(c) where the said net proceeds are to be dealt with in accordance with paragraph (a), such proceeds shall be paid to Inland Fisheries Ireland.]
(2) All moneys payable under paragraph (c) of subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.
Annotations
Amendments:
F281
Repealed (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980.
F282
Substituted (2.04.2025) by Policing, Security and Community Safety Act 2024 (1/2024), s. 265(c), S.I. No. 107 of 2025.
Modifications (not altering text):
C243
Functions under subs. (1)(a)(iii) transferred and references to “Minister for Finance” and “Department of Finance” construed as Minister for and Department of Public Expenditure and Reform (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(a) the provisions of the enactments specified in the Schedule, and
…
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Article 3(a)
SCHEDULE
Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
… |
… |
… |
|
No. 14 of 1959 |
Fisheries (Consolidation) Act 1959 |
Sections 7(1) and (3), 16(1), 45(2), 49(3)(b), (4)(a), (8), (10) and (12), 50(2) and (4), 62(2), 68(1)(b), 74(2), (5) and (6), 116(2)(b)(iii)(IV), 314(3) and (4), 317(2) and 319(1)(a)(iii) |
|
… |
… |
… |
C244
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:
E1657
Previous affecting provision: subs. (1)(c)(i)(I) amended (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 30, S.I. No. 262 of 2010; substituted (2.04.2025) as per F-note above.
E1658
Previous affecting provision: subs. (1)(c)(ii) amended (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980; substituted (2.04.2025) as per F-note above.
E1659
Previous affecting provision: subs. (1)(c)(i) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(iii), commenced on enactment; superseded (1.07.2010) as per F-note above.