Fisheries (Consolidation) Act 1959
Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.
69.—(1) Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, F85[coarse fish] or eels, in respect of which no ordinary licence duty has been fixed under this section by F86[Inland Fisheries Ireland], such person may apply in accordance with this section, to the said board of conservators to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application F86[Inland Fisheries Ireland] may, with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines.
(2) Every application under this section in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.
(3) Where F86[Inland Fisheries Ireland], under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in F87[a] fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty.
(4) Where F86[Inland Fisheries Ireland] fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in F87[a] fishery district a non-scheduled engine, the following provisions shall have effect:—
(a) the applicant or any other person aggrieved by the amount of the licence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county registrar for the county or county borough wherein the said engine is proposed to be used, and to the F86[Inland Fisheries Ireland] notice of intention to do so, appeal against the said amount,
(b) the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough,
(c) the said Judge, after hearing the appellant and the said board of conservators, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,
(d) the decision on the said appeal shall relate back to the date on which such duty was fixed by the said board of conservators and accordingly—
(i) if the amount of such duty is reduced on the said appeal, the excess paid shall be refunded by the said board of conservators,
(ii) if the amount of such duty is increased on the said appeal, the payment already made shall operate by way of discharge pro tanto.
(5) If any person (other than the Minister) uses in any fishery district any non-scheduled engine, without previously having complied with subsections (1) and (2) of this section and without having deposited with the F86[Inland Fisheries Ireland] such sum as F86[Inland Fisheries Ireland] may demand on account of the licence duty thereafter to be fixed in respect of such engine, then such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than five pounds and, in the case of a continuing offence, a further fine of not less than fifty pounds for each day on which such person has so used such engine.
Annotations
Amendments:
F85
Inserted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 7, S.I. No. 346 of 1987.
F86
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 9(a), (b), (c), (d)(i), (ii), S.I. No. 262 of 2010.
F87
Substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(o), (p), commenced on enactment.
Modifications (not altering text):
C45
Prosecution on indictment provided for, penalties under section altered and references to “summary conviction” construed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), ss. 75(1), (3), 77(1), (2)(d), (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”.
A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010; a fine of €250 translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 1, S.I. No. 662 of 2010.
Certain offences to be tried on indictment.
75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.
…
(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.
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.
(2) …
(d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.
…
(8) This section has effect in respect of offences committed after the establishment day.
Reference Number |
Section of Principal Act |
Penalty |
(1) |
(2) |
(3) |
… |
… |
… |
5. |
69, 123, 128, 129. |
A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the offence is continued. |
… |
… |
… |
Editorial Notes:
E104
Previous affecting provision: subs. (1), (3), (4), (5) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(n), (o), (p), (q), commenced on enactment; superseded (1.07.2010) as per F-note above.