Fisheries (Consolidation) Act 1959
The Salmon Conservancy Fund.
49.—(1) In this section—
“the Act of 1954” means the Salmon Conservancy Fund Act 1954 (No. 4 of 1954) (repealed by the Act of 1958);
“the Act of 1958” means the Fisheries (Amendment) Act 1958 (No. 15 of 1958) (repealed by this Act);
“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958;
“salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish,
(2) The Minister shall continue to maintain the Fund.
(3) (a) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.
(b) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph (a) of this subsection.
(4) (a) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment.
(b) Different rates of levy may be prescribed for different periods.
(c) Subject to paragraph (d) of this subsection the rate of levy shall not exceed two pence per lb.
(d) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.
(5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected.
(6) F50[…]
(7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund.
(8) (a) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph (a) of subsection (9) of this section.
(b) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.
(9) (a) The Minister may pay out of the Fund—
(i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties,
F51[(ia) F50[…]]
(ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper.
(b) The Minister shall pay out of the Fund the costs of the administration of the Fund.
(c) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section.
(10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.
(11) (a) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.
(b) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(12) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section.
Annotations
Amendments:
F50
Repealed (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980.
F51
Inserted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 8, S.I. No. 216 of 1962.
Modifications (not altering text):
C29
Functions under subss. (3)(b), (4)(a), (8), (12) 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) |
|
… |
… |
… |
C30
References in subss. (5), (9) to “regional board” construed (1.07.2010) as references to “IFI” by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1, commenced on enactment. Note “board of conservators” previously construed (29.10.1980) as reference to “regional board”, see further E-note below.
A fine of €1000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.
Transfer of functions to IFI.
8.— …
(3) (a) The Acts specified in Schedule 2 are amended on the establishment day as indicated in that Schedule.
…
SCHEDULE 2
Consequential Amendments of Certain Acts
Section 8
PART 1
Amendment of Fisheries (Consolidation) Act 1959
…
(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.
(2) The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).
C31
Penalties under section altered (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 77(1), (8) and table part 1, S.I. No. 262 of 2010. Note that the full history of the alteration of penalties under this section can be found in the annotations at the beginning of the Act under “be it enacted by the Oireachtas as follows”.
Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.
77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
…
(8) This section has effect in respect of offences committed after the establishment day.
|
Reference Number |
Section of Principal Act |
Penalty |
|
(1) |
(2) |
(3) |
|
… |
… |
… |
|
2. |
49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323. |
A fine not exceeding €1000. |
|
… |
… |
… |
Editorial Notes:
E58
Power pursuant to section exercised (1.10.1974) by Salmon Export Levy (Revocation) Order 1974 (S.I. No. 273 of 1974), in effect as per art. 2.
E59
Power pursuant to subs. (4) exercised (1.01.1964) by Salmon Export Levy (Amendment) Regulations 1964 (S.I. No. 292 of 1964), in effect as per reg. 1(2).
E60
Previous affecting provision: references in subss. (5), (9) to “board of conservators” construed (29.10.1980) as references to “regional board” by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 paras. 2(a), (b); superseded (1.07.2010) as per C-note above.