Fisheries (Consolidation) Act 1959

Amendment of fishery rates.

57

57.—F64[(1) where a fishery rate on a fishery has been struck under section 55 as regards a particular fishery year, F65[Inland Fisheries Ireland] may, but not later than the expiration of the fishery year next following that to which the rate relates, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein.]

(2) Whenever a board of conservators propose to make an amendment of a rate on a fishery under this section—

(a) the board of conservators shall serve by post notice of the proposed amendment on any person who is the occupier of the fishery,

(b) the notice shall contain an intimation that written objections to the proposed amendment may be sent to the board of conservators within seven days after the posting of the notice,

(c) before making the proposed amendment, the board of conservators shall consider the objections (if any) received as the result of the notice.

(3) A board of conservators shall make such refunds or give such credits (as the case may require) in respect of fishery rate and shall be entitled to make such recoveries of fishery rates as may be from time to time appropriate in consequence of any amendment under this section.

Annotations

Amendments:

F64

Substituted (1.01.1983) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 4(c), 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.

F65

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 item 5, S.I. No. 262 of 2010.

Modifications (not altering text):

C37

References in subss. (2), (3) 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 paras. (1), (2), 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:

E72

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)(e), in effect as per art. 5(2); ceased (31.12.1982) as per art. 5(2).

E73

Previous affecting provision: references in subss. (2) and (3) 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.

E74

Previous affecting provision: subs. (1) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(e), commenced on enactment; subs. (1) substituted (1.01.1983) as per F-note above.