Fisheries (Consolidation) Act 1959
F63[Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries.
56.—Where as regards any fishery year a regional board strike a rate under section 55 or the Minister, by reason of the failure of the board to strike the rate, strikes a rate under that section for the fisheries region of the board, the board or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, and the board may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board—
(a) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and
(b) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal.]
Annotations
Amendments:
F63
Substituted (1.01.1983) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 4(b), in effect as per art. 4. Note: the effects of art. 4 are technically non-textual; however, since there is no circumstance in which its effects do not apply they are represented here as if they were textual for convenience.
Modifications (not altering text):
C36
References 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.
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).
Editorial Notes:
E70
Previous affecting provision: references construed for transitional period (1.10.1982) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 5(2)(d), in effect as per art. 5(2); ceased (31.12.1982) as per art. 5(2).
E71
Previous affecting provision: references 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 (1.01.1983) as per F-note above.