Inland Fisheries Act 2010

70.

Provisions relating to certain offences under regulations made under section 69 .

70.— (1) This section applies to an offence under section 69(6) , in respect of such contraventions of regulations made under section 69 (1) , as may be declared by the Minister by regulations to be contraventions to which this section applies.

(2) Where an authorised officer has reasonable grounds for believing that a person is contravening or has contravened a regulation made under section 69(1) , being a contravention to which this section applies, he or she may serve the person with a fixed charge notice in the prescribed form stating that—

( a) the person is alleged to have so contravened,

( b) the person may, during the period of 21 days beginning on the date of the notice, make to IFI at the address specified in the notice a payment of the prescribed amount (“fixed charge”) specified in the notice accompanied by the notice, and

( c) a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged contravention will be instituted.

(3) Where a fixed charge notice is given under subsection (2)

( a) a person to whom the notice applies may, during the period specified in the notice, make to IFI at the address specified in the notice the payment specified in the notice accompanied by the notice,

( b) IFI may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

( c) a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged contravention shall be instituted.

(4) In a prosecution for an offence under section 69(6) the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(5) The Minister may by regulations prescribe the amount of a fixed charge applicable under this section and different amounts may be prescribed in respect of different contraventions.

(6) In this section a reference to a contravention of a regulation made under section 69(1) includes a reference to a failure to comply with such a regulation.

Annotations

Editorial Notes:

E21

Power pursuant to section exercised (1.01.2019) by Inland and Fisheries (Fixed Charge Notice) Regulations 2018 (S.I. No. 643 of 2018), in effect as per reg. 2.

E22

Previous affecting provision: amount of fixed charge applicable under section prescribed (25.07.2014) by Inland Fisheries (Fixed Charge Notice) Regulations 2014 (S.I. No. 363 of 2014), reg. 6; revoked (1.01.2019) by Inland and Fisheries (Fixed Charge Notice) Regulations 2018 (S.I. No. 643 of 2018), in effect as per reg. reg. 2.

E23

Previous affecting provision: power pursuant to section exercised (28.02.2013) by Inland Fisheries (Fixed Charge Notice) Regulations 2013 (S.I. No. 76 of 2013); revoked (25.07.2014) by Inland Fisheries (Fixed Charge Notice) Regulations 2014 (S.I. No. 363 of 2014), reg. 7.

E24

Previous affecting provision: application of section extended (16.12.2011) by Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 (S.I. No. 706 of 2011), reg. 3; revoked (28.02.2013) by Inland Fisheries (Fixed Charge Notice) Regulations 2013 (S.I. No. 76 of 2013), reg. 7.

E25

Previous affecting provision: power pursuant to section exercised (16.12.2011) by Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 (S.I. No. 706 of 2011); revoked (28.02.2013) by Inland Fisheries (Fixed Charge Notice) Regulations 2013 (S.I. No. 76 of 2013), reg. 7.

E26

Previous affecting provision: application of section exercised (24.02.2011) by Inland Fisheries (Fixed Charge Notice) Regulations 2011 (S.I. No. 81 of 2011), reg. 3; revoked (16.12.2011) by Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 (S.I. No. 706 of 2011), reg. 7.

E27

Previous affecting provision: power pursuant to section exercised (24.02.2011) by Inland Fisheries (Fixed Charge Notice) Regulations 2011 (S.I. No. 81 of 2011); revoked (16.12.2011) by Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 (S.I. No. 706 of 2011), reg. 7.

E28

Previous affecting provision: application of section exercised (1.07.2010) by Inland Fisheries (Fixed Charge Notice) Regulations 2010 (S.I. No. 324 of 2010), reg. 3, in effect as per reg. 1(2); revoked (24.02.2011) by Inland Fisheries (Fixed Charge Notice) Regulations 2011 (S.I. No. 81 of 2011), reg. 7.

E29

Previous affecting provision: power pursuant to section exercised (1.07.2010) by Inland Fisheries (Fixed Charge Notice) Regulations 2010 (S.I. No. 324 of 2010), in effect as per reg. 1(2); revoked (24.02.2011) by Inland Fisheries (Fixed Charge Notice) Regulations 2011 (S.I. No. 81 of 2011), reg. 7.