Inland Fisheries Act 2010

67.

Provisions relating to orders made under sections 60 , 61 , 62 or 63 .

67.— (1) Where the Minister proposes to amend an order under section 60 , 61 or 62 , the following provisions apply:

( a) the Minister shall as soon as may be give notice in writing of his or her intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister’s intention in such newspapers and in such manner as the Arbitrator shall determine;

( b) the Minister shall give notice in writing of his or her intention to any person by whom an appeal relating to the order proposed to be amended was brought or in case the order is an order which has previously been amended to any person by whom an appeal relating to the original order was brought, or if in either case such person is deceased, to his or her personal representative;

( c) the Minister shall not make the order unless a draft of the order has been submitted to and approved by the Arbitrator;

( d) the Arbitrator shall not determine an application by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published, or in case such publication is made on different days, the day of the first such publication;

( e) any one or more of the following may, within such period of 30 days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his or her intention to make an application to the Arbitrator in relation to the proposed order, namely—

(i) any person by whom such an appeal was so brought, or, in case such person is deceased, his or her personal representative, or

(ii) the person who, immediately before the making of the order proposed to be amended, was the owner of the fishery or land acquired by that order or the successor in title of such person, or, if any right has been acquired by such order, the person who immediately prior to the making of that order was entitled to the enjoyment of such right or the successor in title of such person, or, if the order was made under section 62 , the owner of the relevant servient tenement;

( f) where a notice is served on the Minister the Arbitrator shall, before deciding whether or not to approve the proposed order, give the person by whom the notice was served an opportunity of being heard (either in person or through counsel or a solicitor); and

( g) the Arbitrator may in determining the matter approve the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his or her approval.

(2) The Commissioners may by order under their seal amend an order made by them under section 63 .

(3) If in relation to an application under subsection (1) the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.