Inland Fisheries Act 2010
Number 10 of 2010
INLAND FISHERIES ACT 2010
REVISED
Updated to 1 January 2024
This Revised Act is an administrative consolidation of the Inland Fisheries Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the Income Tax (Employments) Regulations 2024 (S.I. No. 1 of 2024), made 4 January 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 10 of 2010
INLAND FISHERIES ACT 2010
REVISED
Updated to 1 January 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, construction and collective citation.
Establishment of Inland Fisheries Ireland
Inland Fisheries Ireland
8. Transfer of functions to IFI.
9. Regional operations of IFI.
13. Election of staff representative to IFI.
14. Term of office of members of IFI.
18. Removal of members from office.
19. Resignations and casual vacancies.
22. Remuneration and expenses for members of IFI and committees.
24. Functions of chief executive and their performance by deputy.
26. Effects of delegation and sub-delegation of functions.
27. Certificate evidence concerning delegation of functions.
28. Chief executive to be accountable person.
29. Attendance of chief executive before Oireachtas Committee.
31. Appointment of authorised persons.
36. Unauthorised disclosure of confidential information.
37. Protection from civil liability of persons who report certain misconduct.
38. Prohibition on penalisation.
41. IFI to prepare and submit corporate plan for Minister’s approval.
42. Publication and implementation of approved corporate plan.
Transitional Arrangements
48. Dissolution of Central Board and regional boards.
49. Transfer of employees of Central Board and regional boards to IFI.
51. Transfer of property, assets and liabilities to IFI.
52. Preservation of contracts, etc. and adaptation of references.
53. Pending legal proceedings.
54. Preservation of notices, records, etc.
55. Final accounts of Central Board and regional boards.
56. IFI to prepare final annual report for Central Board and regional boards.
Inland Fisheries Administration
Fisheries Bye-laws
Fishery Year
Fishery Improvement
59. Powers of IFI in relation to improvement of fisheries.
Acquisition and Transfer of Fisheries, etc.
60. Acquisition of fisheries, etc.
61. Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries.
62. Right of way (acquisition).
63. Transfer of fisheries to Minister or IFI by Commissioners.
64. Transfer of certain fisheries to IFI.
67. Provisions relating to orders made under sections 60, 61, 62 or 63.
68. Sale by Minister of certain fisheries, fishing rights and businesses.
Wild Salmon and Sea Trout Tagging Scheme
69. Management of wild salmon and sea trout.
70. Provisions relating to certain offences under regulations made under section 69.
Prohibitions
71. Prohibition of sale of certain fish.
72. Prohibition of sale of certain nets or netting.
Register of Sea Anglers
Issue of Licences for Fishing of a Specified Class or Description
74. Issue by IFI of licences for fishing of specified class or description.
Legal Proceedings, Penalties, etc.
75. Certain offences to be tried on indictment.
77. Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.
78. Forfeiture of licences and consequential disqualification orders.
79. Payment of certain fines as compensation — delivery of oysters or other fish.
Miscellaneous
81. Certain rights to fish given to former life members of Trust.
82. Powers of Minister in operating a fishery.
83. Liability of Minister or IFI for damage by flooding.
Repeal of Existing Enactments
Consequential Amendments of Certain Acts
Amendment of Fisheries (Consolidation) Act 1959
Amendment of Wildlife Act 1976
Amendment of Local Government (Water Pollution) Act 1977
Amendment of Worker Participation (State Enterprises) Act 1977
Amendment of Ombudsman Act 1980
Amendment of Local Government (Water Pollution) (Amendment) Act 1990
Amendment of Fisheries (Amendment) Act 1991
Amendment of Fisheries (Amendment) Act 1995
Amendment of Dumping at Sea Act 1996
Amendment of Freedom of Information Act 1997
Amendment of Fisheries (Amendment) Act 1997
Amendment of Prompt Payment of Accounts Act 1997
Amendment of Taxes Consolidation Act 1997
Amendment of Official Languages Act 2003
Amendment of Maritime Safety Act 2005
Consequential Amendments of Certain Statutory Instruments
Amendment of Superannuation (Designation of Approved Organisations) Regulations 1981 (S.I. No. 437 of 1981)
Amendment of Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992)
Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993)
Amendment of Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994)
Amendment of Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994)
Amendment of District Court Rules 1997 (S.I. No. 93 of 1997)
Amendment of Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998)
Amendment of Control of Dogs Regulations 1998 (S.I. No. 442 of 1998)
Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999)
Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001)
Amendment of Planning and Development Regulations 2001 (S.I. No. 600 of 2001)
Amendment of Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002)
Amendment of European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003)
Amendment of Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)
Amendment of European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006)
Amendment of Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)
Redress for Contravention of Section 38
Provisions Referred to in Sections 60, 61 and 62
Fixed Charge Notice
Provision of Fisheries (Consolidation) Act 1959
Bye-laws made or deemed to have been made under Section 57
Acts Referred to
|
Acquisition of Land (Assessment of Compensation) Act 1919 |
1919, c. 57 |
|
Adoptive Leave Acts 1995 and 2005 |
|
|
2001, No. 19 |
|
|
Civil Service Regulation Acts 1956 and 1958 |
|
|
1993, No. 8 |
|
|
1981, No. 11 |
|
|
1961, No. 39 |
|
|
1996, No. 14 |
|
|
Employees (Provision of Information and Consultation) Act 2006 |
2006, No. 9 |
|
1995, No. 22 |
|
|
1997, No. 2 |
|
|
1987, No. 32 |
|
|
1962, No. 31 |
|
|
1964, No. 23 |
|
|
1976, No. 23 |
|
|
1987, No. 14 |
|
|
1991, No. 26 |
|
|
1994, No. 23 |
|
|
1995, No. 27 |
|
|
1997, No. 23 |
|
|
1999, No. 35 |
|
|
2000, No. 34 |
|
|
1997, No. 1 |
|
|
1959, No. 14 |
|
|
1980, No. 1 |
|
|
Fisheries Acts 1959 to 1999 |
|
|
Forestry Acts 1919 and 1928 |
|
|
Forestry Acts 1946 to 1988 |
|
|
1997, No. 13 |
|
|
1995, No. 4 |
|
|
Lands Clauses Consolidation Act 1845 |
1845, c. 18 |
|
1977, No. 1 |
|
|
1990, No. 21 |
|
|
2001, No. 37 |
|
|
2005, No. 11 |
|
|
Maternity Protection Acts 1994 and 2004 |
|
|
Minimum Notice and Terms of Employment Acts 1973 to 2005 |
|
|
2003, No. 32 |
|
|
1980, No. 26 |
|
|
1997, No. 20 |
|
|
Parental Leave Acts 1998 and 2006 |
|
|
Planning and Development Acts 2000 to 2006 |
|
|
1997, No. 31 |
|
|
2003, No. 29 |
|
|
2001, No. 45 |
|
|
Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 33 |
|
1967, No. 21 |
|
|
Redundancy Payments Acts 1967 to 2007 |
|
|
1964, No. 16 |
|
|
2005, No. 10 |
|
|
2006, No. 8 |
|
|
2001, No. 31 |
|
|
1976, No. 22 |
|
|
1997, No. 39 |
|
|
Terms of Employment (Information) Acts 1994 and 2001 |
|
|
Unfair Dismissals Acts 1977 to 2007 |
|
|
2007, No. 30 |
|
|
2000, No. 38 |
|
|
1976, No. 39 |
|
|
1977, No. 6 |
|
|
1988, No. 13 |
Number 10 of 2010
INLAND FISHERIES ACT 2010
REVISED
Updated to 1 January 2024
AN ACT TO ESTABLISH A BODY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, INLAND FISHERIES IRELAND OR, IN THE IRISH LANGUAGE, IASCACH INTÍRE ÉIREANN AND TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE CENTRAL FISHERIES BOARD AND REGIONAL FISHERIES BOARDS, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING AND TO AMEND AND EXTEND THE FISHERIES ACTS 1959 TO 2007.
[1st June, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
References in Act to employer construed for certain purposes as being to Inland Fisheries Ireland (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 3(5), S.I. No. 338 of 2015.
Construction of references to employer and employee
3. ...
(5) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Inland Fisheries Act 2010 (in this subsection referred to as the “Act of 2010”), references in this Act to employer shall be construed as references to IFI within the meaning of the Act of 2010.
...
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (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).
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.
SCHEDULE
Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 10 of 2010 |
Inland Fisheries Act 2010 |
Sections 7(3)(j), 18(8), 22(3), 30(2), 45, 60(1), 63(1), 64(1), 65(2), 68(1) and (2), 73(6)(a), 82(2) and Schedule 5, paragraph 9(a) |
|
... |
... |
... |