Inland Fisheries Act 2010

60.

Acquisition of fisheries, etc.

60.— (1) Where on an application made to him or her by IFI the Minister is satisfied that—

( a) for the purpose of enabling a corporate plan prepared by IFI to be carried out, it is necessary that a particular fishery be acquired under this section, or

( b) it is, for the purposes of managing, operating, protecting, conserving or developing any fishery in accordance with such a plan, expedient that the fishery should be acquired under this section,

the Minister may, with the consent of the Minister for Finance and in accordance with such guidelines and procedures, if any, as the Minister, with the approval of the Minister for Finance, specifies, authorise such acquisition by IFI.

(2) ( a) A fishery to which an authorisation under subsection (1) relates may be acquired by IFI by agreement or, in default of agreement, by means of an order under this section made by the Minister.

( b) Paragraph (a) shall be construed as enabling IFI to acquire, by agreement or by an order under this section, either or both of the following—

(i) the bed and soil of waters when they form part of a fishery,

(ii) any estate or interest in land, or any way-leave, right of access or other easement or other right over, in or under land which in the opinion of IFI is required for or in connection with the preservation, conservation, operation, development or improvement of the fishery being acquired under the agreement or order.

(3) ( a) Every application for an authorisation under this section to acquire a way-leave or right of way shall indicate, by reference to a plan sent with the application, the way-leave or right of way sought to be acquired.

( b) In determining an application under this section to acquire a way-leave or a right of way, the Minister or the Arbitrator may, if he or she thinks fit, substitute a way-leave on, over or under the proposed servient tenement, or a right of way over such tenement, different from that specified in the application; provided that the Minister or the Arbitrator shall not exercise the power conferred on him or her by this paragraph without first affording to the person on whom, under paragraph 1(c)(i) of Schedule 5 , notice has been served an opportunity of stating why the power should not be exercised.

(4) Before giving an authorisation under subsection (1) the Minister shall (in addition to consulting the Minister for Finance) consult such other Minister of the Government, if any, as appears to him or her to be concerned.

(5) Where it is proposed that a fishery be acquired under this section by IFI and the Minister is satisfied that a public right to fish exists in relation to the fishery, the fishery shall be so acquired only if the Minister is satisfied that, notwithstanding the existence of such right, it is in the public interest that the fishery should be so acquired.

(6) ( a) Any person who is aggrieved by an authorisation of the Minister under subsection (1) may, not later than 30 days after the day on which the authorisation is given, serve on the Minister a notice of appeal to the Arbitrator against the authorisation, and the Arbitrator may on such appeal either confirm or annul the authorisation.

( b) Any person who is aggrieved by an order made by the Minister under subsection (2) may, not later than 30 days after the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, and the Arbitrator may on such appeal either confirm the order as made by the Minister or confirm the order with such modifications as he or she considers appropriate.

(7) Nothing in this section shall be construed as prohibiting or restricting the acquisition from the Minister by IFI, on such terms as may be agreed and in accordance with any directions or guidelines given or issued by the Minister, of any fishery in the possession or occupation of the Minister.

(8) Nothing in this section shall authorise IFI to acquire compulsorily—

( a) any land vested in the State or any right over, in, under or in respect of such land, or

( b) any dwelling or the curtilage thereof, or any enclosed premises, yard, garden or land appurtenant to a dwelling or any right over, in, under, or in respect of such premises, yard, garden or land.

(9) Nothing in this section shall authorise IFI to acquire (either compulsorily or by agreement) save with the consent of the Minister for Agriculture, Fisheries and Food, any land which is subject to a land purchase annuity or any right over, in, under or in respect of such land.

(10) Where a fishery is acquired by IFI under this section, then, notwithstanding the existence in relation to the fishery of any public right to fish, IFI shall have power to prohibit or control the taking of fish from the fishery.

(11) The provisions contained in Schedule 5 shall, as the context requires, apply in relation to any or all of the following, namely, an application to the Minister under subsection (1), an authorisation or order under this section, an application for such an order, or a decision by the Minister or an appeal to the Arbitrator under this section.