C253

Application of section restricted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 59(1)(f), S.I. No. 262 of 2010.

Powers of IFI in relation to improvement of fisheries.

59.— (1) Subject to this section, for the purpose of improving any fishery (whether or not the fishery is the property of IFI) IFI may do all or any of the following, namely—

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(f) notwithstanding section 327 of the Principal Act, take materials from any river, stream or other watercourse,

provided that IFI shall only exercise a power under paragraphs (e) or (f) after consultation with the Commissioners and provided also that in relation to a fence, hedge, tree or wall which is adjacent to a public road or any property of a public authority, IFI shall only exercise a power under this subsection with the consent of the authority concerned, and in case there is a dispute as to whether a particular fence, hedge, tree or wall is adjacent to a public road or any such property, the matter shall be referred by IFI to the Minister to determine, whose decision, after consultation with the Minister for the Environment, Heritage and Local Government or such other Minister of the Government as he or she considers appropriate, shall be final.

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