Fisheries (Consolidation) Act 1959
Duties on ordinary fishing licences.
68.—F81[(1) (a) Subject to paragraphs (b) and (c) of this subsection, the ordinary licence duty in respect of a freshwater rod ordinary licence of the class specified in column (2), (3), (4), (5), (6), (7) or (8) of Part I of the Fourth Schedule to this Act shall be the sum set out in whichever of those columns relates to a freshwater rod ordinary licence of that class.
(b) The Minister may, from time to time, with the consent of the Minister for Finance, by order alter the freshwater rod ordinary licence duty of a particular class specified in Part I of the Fourth Schedule to this Act.
(c) This subsection shall not apply to the ordinary licence duty payable in respect of—
(i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or
(ii) a trout rod (annual) ordinary licence to which subsection (2A) of this section applies, or
(iii) a composite freshwater angling ordinary licence to which subsection (2B) of this section applies.]
(2) (a) This subsection applies to a salmon rod (annual) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a F81[season game fishing rod and line] (Foyle Area) licence which is valid for that year.
(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be F81[£17].
(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies.
F82[(2A) (a) This subsection applies to a trout rod ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year.
(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a trout rod (annual) ordinary licence to which this subsection applies shall be £10.
(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a trout rod (annual) ordinary licence, he may by order alter the licence duty payable in respect of a trout rod (annual) ordinary licence to which this subsection applies.]
F82[(2B) (a) This subsection applies to a composite freshwater angling ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year.
(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies shall be £30.
(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a composite freshwater angling ordinary licence, he may by order alter the licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies.]
(3) F83[…]
(4) (a) Subject to paragraph (b) of this subsection, the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number shall be the sum set out in column (3) of the said Part II at that reference number.
(b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number, F84[…]
(5) Where the licence duty in respect of a licence to use an engine (not being a scheduled engine) has been fixed under section 69 in respect of a particular fishery district, then, as respects such fishery district, the following provisions shall have effect—
(a) such engine shall for the purposes of this Act become and be a scheduled engine,
(b) the ordinary licence duty payable in respect of a licence to use such engine shall, subject to paragraph (c) of this subsection, be that so fixed under the said section 69,
(c) the Minister may, from time to time, by order alter the ordinary licence duty in respect of a licence to use such engine, F84[…]
(6) Where the ordinary licence duty in respect of an ordinary fishing licence is altered under any of the following provisions of this section, namely, paragraph (b) of subsection (1), paragraph (c) of subsection (2), F81[paragraph (c) of subsection (2A), paragraph (c) of subsection (2B)], paragraph (b) of subsection (4) and paragraph (c) of subsection (5), the duty as so altered shall be payable in respect of any such ordinary fishing licence which is to be valid for a period commencing on or after the 1st day of January next following the making of the order which effected the alteration.
F81[(7) Where an order under subsection (4) or (5) of this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.]
Annotations
Amendments:
F81
Substituted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 6(b), (c), (d), (f), (g), S.I. No. 346 of 1987.
F82
Inserted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 6(a), S.I. No. 346 of 1987.
F83
Deleted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 6(e), S.I. No. 346 of 1987.
F84
Repealed (7.07.1976) by Fisheries (Amendment) Act 1976 (23/1976), s. 4(1)(b), (c), commenced on enactment.
Modifications (not altering text):
C44
Functions under subs. (1)(b) 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) |
|
… |
… |
… |
Editorial Notes:
E83
Power pursuant to subs. (4)(b) exercised (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), in effect as per art. 2.
E84
Power pursuant to subs. (1)(b) exercised (1.01.2022) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2021 (S.I. No. 732 of 2021), in effect as per art. 2.
E85
Power pursuant to section exercised (1.01.2006) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2005 (S.I. No. 838 of 2005), in effect as per art. 2.
E86
Power pursuant to section exercised (1.01.2005) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2004 (S.I. No. 861 of 2004), in effect as per art. 2.
E87
Power pursuant to section exercised (1.01.2003) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2002 (S.I. No. 625 of 2002), in effect as per art. 2.
E88
Power pursuant to subss. (1), (2B) exercised (1.01.1989) by Freshwater Rod Ordinary Licence (Alteration of Licence Duties) Order 1988 (S.I. No. 364 of 1988), in effect as per art. 3.
E89
Power pursuant to section exercised (1.01.1983) by Salmon, Eel and Oyster (Miscellaneous Licences) (Alteration of Duties) Order 1982 (S.I. No. 386 of 1982), in effect as per arts. 3, 4, 5, 6(2).
E90
Power pursuant to subss. (1), (2), (3), (4) exercised (1.01.1977) by Salmon, Eel and Oyster Fishing Licences (Alteration of Licence Duties) Order 1976 (S.I. No. 305 of 1976), in effect as per arts. 3, 4, 5.
E91
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.01.2012) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2011 (S.I. No. 613 of 2011), in effect as per art. 2; revoked (1.01.2022) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2021 (S.I. No. 732 of 2021), art. 4, in effect as per art. 2.
E92
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.01.2011) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2010 (S.I. No. 629 of 2010), in effect as per art. 2; revoked (1.01.2012) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2011 (S.I. No. 613 of 2011), art. 4, in effect as per art. 2.
E93
Previous affecting provision: power pursuant to subs. (4)(b) exercised (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), in effect as per art. 2; revoked (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), art. 8, in effect as per art. 2.
E94
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.01.2010) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2009 (S.I. No. 537 of 2009), in effect as per art. 2; revoked (1.01.2011) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2010 (S.I. No. 629 of 2010), art. 4, in effect as per art. 2.
E95
Previous affecting provision: power pursuant to subs. (4)(b) exercised (1.01.2008) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2007 (S.I. No. 812 of 2007), in effect as per art. 2; revoked (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), art. 8, in effect as per art. 2.
E96
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.01.2008) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2007 (S.I. No. 794 of 2007), in effect as per art. 2; revoked (1.01.2010) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2009 (S.I. No. 537 of 2009), art. 4, in effect as per art. 2.
E97
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2006 (S.I. No. 670 of 2006), in effect as per art. 2; revoked (1.01.2008) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2007 (S.I. No. 794 of 2007), art. 4, in effect as per art. 2.
E98
Previous affecting provision: power pursuant to subs. (4)(b) exercised (1.01.2006) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2005 (S.I. No. 793 of 2005), in effect as per art. 2; revoked (1.01.2007) by Fisheries (Commercial Fishing Licences) (Alteration of Duties) Order 2006 (S.I. No. 628 of 2008), art. 8, in effect as per art. 8.
E99
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2003 (S.I. No. 687 of 2003), in effect as per art. 2; revoked (1.01.2005) by Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2004 (S.I. No. 861 of 2004), art. 4, in effect as per art. 2.
E100
Previous affecting provision: power pursuant to section exercised (18.12.1984) by Salmon, Eel and Oyster Fishing Licences (Alteration of Licence Duties) Order 1984 (S.I. No. 343 of 1984); revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.
E101
Previous affecting provision: subs. (1)(a) amended (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980; subs. (1) substituted (1.01.1988) as per F-note above.
E102
Previous affecting provision: subs. (7) inserted (7.07.1976) by Fisheries (Amendment) Act 1976 (23/1976), s. 3(a), commenced on enactment; subs. (7) substituted (1.01.1988) as per F-note above.
E103
Previous affecting provision: subs. (1)(b) amended (7.07.1976) by Fisheries (Amendment) Act 1976 (23/1976), s. 4(1)(a), commenced on enactment; subs. (1) substituted (1.01.1988) as per F-note above.