Fisheries (Consolidation) Act 1959

Payment of special local licence duty by instalments.

77

77.(1) Where F95[Inland Fisheries Ireland] is authorised by order of the Minister under this Act to issue special local licences to use, in special tidal waters F96[], any particular kind of fishing engine for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things:—

(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;

(b) authorise F95[Inland Fisheries Ireland] to issue during the first issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(c) authorise F95[Inland Fisheries Ireland] to issue during the second issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(d) authorise F95[Inland Fisheries Ireland] to issue during the third issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof.

(2) An order under this section may relate to different kinds of fishing engine for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of fishing engine for the taking of salmon or trout to which the order relates.

(3) The Minister may by order revoke or amend any order made under this section (including this subsection).

(4) Where a special local licence is issued by F95[Inland Fisheries Ireland] in exercise of the powers conferred on F95[Inland Fisheries Ireland] by an order under this section, the following provisions shall have effect:—

(a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and

(b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.

Annotations

Amendments:

F95

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 14(a), (c), S.I. No. 262 of 2010.

F96

Deleted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 14(b), S.I. No. 262 of 2010.

Modifications (not altering text):

C49

References in subs. (4) 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:

E138

Power pursuant to subs. (3) 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).

E139

Power pursuant to subs. (3) exercised (7.08.1961) by River Erne (Special Local Licence Duty) (Method of Payment) (Amendment) Order 1961 (S.I. No. 165 of 1961), in effect as per art. 1(2).

E140

Power pursuant to subs. (3) exercised (29.06.1960) by River Erne (Special Local Licence Duty) (Method of Payment) (Amendment) Order 1960 (S.I. No. 138 of 1960), in effect as per art. 1(2).

E141

Previous affecting provision: references in subs. (4) 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.

E142

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(v), commenced on enactment; superseded (1.07.2010) as per F-note above.

E143

Previous affecting provision: power pursuant to subs. (3) exercised (6.08.1972) by River Erne (Special Local Licence Duty) (Method of Payment) (Amendment) Order 1972 (S.I. No. 194 of 1972), in effect as per art. 1(2); revoked (3.05.1976) by River Erne (Special Local Licences) (Amendment) Order 1976 (S.I. No. 99 of 1976), art. 3, in effect as per art. 1(2).