Fisheries (Consolidation) Act 1959
Special local licences and licence duty thereon.
74.—(1) The Minister may from time to time by order authorise F92[Inland Fisheries Ireland] to issue licences (in this Act referred to as special local licences) to use in such tidal waters any specific kind of fishing engine (being a fishing engine of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and no special local licence to use in special tidal waters any kind of fishing engine for the taking of salmon or trout shall be issued unless an order has been made under this section authorising F92[Inland Fisheries Ireland] to issue special local licences to use in such tidal waters such kind of fishing engine.
(2) Whenever the Minister makes an order authorising the issue of special local licences to use in special tidal waters any particular kind of fishing engine for the taking of salmon or trout, he shall by the same order, with the consent of the Minister for Finance, fix the licence duty to be paid in respect of such licences.
(3) Different licence duties may be fixed under this section in respect of special local licences to use in special tidal waters different kinds of fishing engines for the taking of salmon or trout, and different licence duties may be fixed under this section in respect of different special tidal waters.
(4) The licence duty to be fixed under this section in respect of special local licences to use a particular kind of fishing engine for taking salmon or trout shall not in any case be less than the licence duty payable under this Act in respect of ordinary licences to use a similar kind of fishing engine.
(5) Any order under this section may provide that where a special local licence to fish for salmon with rod and line is granted for any year to a person to whom an ordinary licence of a similar kind has been granted for such year, the licence duty payable in respect of such special local licence shall be reduced by such sum as may with the consent of the Minister for Finance be specified in the order.
(6) The Minister may with the consent of the Minister for Finance make an order under this subsection amending any order previously made by him under this section (including this subsection) so far as such order relates to licence duties.
Annotations
Amendments:
F92
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 12, S.I. No. 262 of 2010.
Modifications (not altering text):
C48
Functions under subss. (2), (5), (6) 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:
E108
Power pursuant to subs. (6) exercised (1.01.2022) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2021 (S.I. No. 733 of 2021), in effect as per art. 2.
E109
Power pursuant to subs. (6) exercised (1.01.2012) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2011 (S.I. No. 614 of 2011), in effect as per art. 2.
E110
Power pursuant to section exercised (1.01.2005) by Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2004 (S.I. No. 862 of 2004), in effect as per art. 2.
E111
Power pursuant to section exercised (1.01.2004) by Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2003 (S.I. No. 688 of 2003), in effect as per art. 2.
E112
Power pursuant to section exercised (27.06.1988) by River Erne (Special Local Licences) (Amendment) Order 1988 (S.I. No. 137 of 1988), in effect as per art. 1(2).
E113
Power pursuant to section exercised (14.03.1988) by Special Tidal Waters (Special Local Licences) Order 1988 (S.I. No. 40 of 1988), in effect as per art. 1(2).
E114
Power pursuant to section exercised (1.07.1987) by River Erne (Special Local Licences) (Amendment) Order 1987 (S.I. No. 180 of 1987), in effect as per art. 1(2).
E115
Power pursuant to section exercised (6.06.1986) by River Erne (Special Local Licences) (Amendment) Order 1986 (S.I. No. 212 of 1986), in effect as per art. 1(2).
E116
Power pursuant to section exercised (7.06.1985) by River Erne (Special Local Licences) (Amendment) Order 1985 (S.I. No. 177 of 1985), in effect as per art. 1(2).
E117
Power pursuant to section exercised (11.02.1985) by Special Tidal Waters (Special Local Licences) Order 1985 (S.I. No. 26 of 1985), in effect as per art. 1(2).
E118
Power pursuant to section exercised (27.07.1983) by River Erne (Special Local Licences) (Amendment) Order 1983 (S.I. No. 219 of 1983), in effect as per art. 1(2).
E119
Power pursuant to section exercised (18.02.1983) by Special Tidal Waters (Special Local Licences) Order 1983 (S.I. No. 41 of 1983), in effect as per art. 1(2).
E120
Power pursuant to section exercised (18.04.1977) by Special Tidal Waters (Special Local Licences) Order 1977 (S.I. No. 109 of 1977), in effect as per art. 1(2).
E121
Power pursuant to section exercised (3.05.1976) by River Erne (Special Local Licences) (Amendment) Order 1976 (S.I. No. 99 of 1976), in effect as per art. 1(2).
E122
Power pursuant to section exercised (6.08.1972) by River Erne (Special Local Licences) (Amendment) Order 1972 (S.I. No. 193 of 1972), in effect as per art. 1(2).
E123
Power pursuant to subs. (6) exercised (28.04.1967) by River Erne (Special Local Licences) (Amendment) Order 1967 (S.I. No. 88 of 1967), in effect as per art. 1(2).
E124
Power pursuant to section exercised (16.2.1967) by Rivers Owenmore and Owenduff (Special Local Licences) Order 1967 (S.I. No. 34 of 1967), in effect as per art. 1(2).
E125
Power pursuant to subs. (6) exercised (14.06.1965) by River Erne (Special Local Licences) (Amendment) Order 1965 (S.I. No. 131 of 1965), in effect as per art. 1(2).
E126
Power pursuant to subs. (6) exercised (6.07.1964) by River Erne (Special Local Licences) (Amendment) Order 1964 (S.I. No. 163 of 1964), in effect as per art. 1(2).
E127
Power pursuant to subs. (6) exercised (31.07.1963) by River Erne (Special Local Licences) (Amendment) Order 1963 (S.I. No. 147 of 1963), in effect as per art. 1(2).
E128
Power pursuant to subs. (6) exercised (25.06.1962) by River Erne (Special Local Licences) (Amendment) Order 1962 (S.I. No. 111 of 1962), in effect as per art. 1(2).
E129
Power pursuant to subs. (6) exercised (7.08.1961) by River Erne (Special Local Licences) (Amendment) Order 1961 (S.I. No. 166 of 1961), in effect as per art. 1(2).
E130
Power pursuant to subs. (6) exercised (29.06.1960) by River Erne (Special Local Licences) (Amendment) Order 1960 (S.I. No. 137 of 1960).
E131
Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2011) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2010 (S.I. No. 630 of 2010), in effect as per art. 2; revoked (1.01.2012) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2011 (S.I. No. 614 of 2011), art. 8, in effect as per art. 2.
E132
Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2010) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2009 (S.I. No. 538 of 2009), in effect as per art. 2; revoked (1.01.2011) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2010 (S.I. No. 630 of 2010), art. 8, in effect as per art. 2.
E133
Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2008) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2007 (S.I. No. 795 of 2007), in effect as per art. 2; revoked (1.01.2010) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2009 (S.I. No. 538 of 2009), art. 8, in effect as per art. 2.
E134
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Special Tidal Waters (Special Local Licences Alteration Of Duties) Order 2006 (S.I. No. 671 of 2006), in effect as per art. 2; revoked (1.01.2008) by Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2007 (S.I. No. 795 of 2007), art. 8, in effect as per art. 2.
E135
Previous affecting provision: power pursuant to section exercised (1.01.2006) by Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2005 (S.I. No. 839 of 2005), in effect as per art. 2; revoked (1.01.2007) by Special Tidal Waters (Special Local Licences Alteration Of Duties) Order 2006 (S.I. No. 671 of 2006), art. 8, in effect as per art. 8.
E136
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(t), commenced on enactment; superseded (1.07.2010) as per F-note above.