Fisheries (Consolidation) Act 1959
Special tidal waters.
7.—(1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that any particular tidal waters to which this section applies shall be special tidal waters for the purposes of this Act.
(2) Every order made under this section shall specify and define the tidal waters to which it purports to relate and shall be final and conclusive as to the area of such tidal waters notwithstanding any discrepancy between the extent of the tidal waters as so defined and the extent of the tidal waters in which a several fishery was previously enjoyed.
(3) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made under this section.
(4) This section applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several fishery was believed to exist and was enjoyed as of right, but in respect of which either—
(a) it was, after the 1st day of January, 1933 (whether before or after the passing of this Act), judicially determined in a court of competent jurisdiction that no several fishery existed in such tidal waters, or
(b) the person, who on the 1st day of January, 1933, exercised as of right the said several fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several fishery in such tidal waters.
Annotations
Modifications (not altering text):
C18
Functions under subs. (1), (3) 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:
E38
Power pursuant to section exercised (16.02.1967) by Rivers Owenmore and Owenduff (Tidal Waters) Order 1967 (S.I. No. 33 of 1967), in effect as per art. 1(2).