Shannon Fisheries Act , 1935

PART I. Preliminary.

1 Short title.

1.—This Act may be cited as the Shannon Fisheries Act, 1935.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Board” means the Electricity Supply Board;.

the expression “the Act of 1925” means the Shannon Electricity Act, 1925 (No. 26 of 1925);

the expression “the Act of 1927” means the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression “the Shannon fisheries” means all fisheries and fishing rights which are for the time being vested in the Board in or over the waters of the River Shannon or any part thereof;

the expression “the waters of the River Shannon” means the River Shannon from the source to an imaginary line drawn from the Ordnance Trigonometrical Station at Kilconly Point in the townland of Kilconly North, in the Parish of Kilconly, Barony of Iraghticonnor, and County of Kerry, to Kilcredaun Point in the townland of Kilcredaun in the Parish of Moyarta, and County of Clare, and every river and stream tributary to the River Shannon above the said imaginary line, and every lake, pond, and canal on or connected with the River Shannon above the said imaginary line, or on or connected with any such tributary, river, or stream;

the expression “the waters of the Shannon fisheries” means all waters in which there exists a fishery or fishing right for the time being included in the Shannon fisheries;

the expression “the Shannon hydro-electric works” means the works constructed (whether before or after the passing of this Act) by the Minister or the Board under statutory authority on, in, or in the neighbourhood of the River Shannon for or in connection with the production and generation of electricity by means of hydraulic power.

3 Expenses of the Minister.

3.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Compensation for Injuries to Fisheries.

4 Compensation for injuries to fisheries.

4.—(1) Every person who has suffered loss or damage (whether before or after the passing of this Act) by reason of injury to a fishery or fishing right owned or held by or vested in him and situate in or exercisable over the waters or any part of the waters of the River Shannon shall be entitled to be paid by the Board compensation, assessed under and in accordance with this Act, in respect of such loss or damage if, but only if, such injury was caused by the operation of the Shannon hydro-electric works, whether by the operation generally of those works or by any particular mode or course of or negligence in the operation of the said works.

(2) Every application for compensation under this section shall be made in writing to the Board and, in the case of an injury alleged to have happened or begun before the passing of this Act, shall be made within one year after the passing of this Act and, in every other case, shall be made within three years after the injury is alleged to have happened or begun.

(3) No compensation shall be payable under this section in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act nor in respect of an injury in relation to which no application for compensation is duly made under and in accordance with and within the time limited by this section.

(4) No action shall lie or be deemed ever to have lain against any person and no compensation under the Act of 1925 shall be or be deemed ever to have been payable in respect of any loss or damage or any injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.

5 Power to purchase in lieu of paying compensation.

5.—(1) Whenever an application is made to the Board for compensation under this Part of this Act in respect of injury to a fishery or fishing right, the Board may, at any time before the assessment of such compensation, give to the person by whom such application was made and to all other persons (if any) who appear to the Board to be interested in such fishery or fishing right or any such land, way-leave, or other right as is hereinafter mentioned a notice in writing declaring the intention of the Board to acquire such fishery or fishing right and any land, way-leave, or other right which, in the opinion of the Board, is ancillary to or necessary for the enjoyment of such fishery or fishing right.

(2) Every notice given by the Board under the foregoing sub-section of this section shall specify, as fully as reasonably may be, the fishery or fishing right, land, way-leaves, and other rights to which such notice relates.

(3) Whenever the Board has given a notice under the foregoing provisions of this section, the Board shall be entitled to purchase and shall purchase and all owners, lessees, and other persons interested shall sell to the Board the fishery or fishing right and any land, way-leave, or other right specified in such notice.

6 Transfer of fisheries by the Minister.

6.—(1) The Minister may by order transfer to the Board any fishery or fishing right in the waters of the River Shannon or any part thereof which was acquired by him (whether before or after the passing of this Act) under the Act of 1925, and also any land, easement, way-leave, water-right, or other right which was so acquired by him and is ancillary to any such fishery or fishing right so transferred.

(2) An order made under this section shall operate to vest in the Board, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Board by such order.

7 Transfer of fisheries by the Commissioners of Public Works.

7.—(1) The Commissioners of Public Works in Ireland may by order under their seal transfer to the Board, on such terms and conditions as shall be agreed upon between the said Commissioners and the Board with the sanction of the Minister for Finance, all the estate and interest of the said Commissioners in any fishery or fishing right in the waters of the River Shannon or any part thereof which is in the possession or occupation of the said Commissioners at the passing of this Act and also any land, easement, way-leave, water-right, or other right which is so in the possession or occupation of the said Commissioners and is ancillary to any such fishery or fishing right so transferred.

(2) An order made under this section shall operate to vest in the Board, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Board by such order.

PART III. Management of the Shannon Fisheries.

8 Duties of the Board in relation to the Shannon fisheries.

8.—In addition, but subject and without prejudice to, the primary function of maintaining, working, and developing the Shannon hydro-electric works under and in pursuance of the Act of 1927 as amended or extended by subsequent legislation, the Board shall have and perform the duty of managing, conducting, and preserving the Shannon fisheries under and in accordance with this Act.

9 Powers of the Board in relation to the Shannon Fisheries.

9.—(1) It shall be lawful for the Board to do all such things, carry out all such transactions, and fulfil all such functions as shall be necessary or proper for or incidental or ancillary to the due performance of the duties in relation to the Shannon fisheries imposed on the Board by this Part of this Act, and in particular and without prejudice to the generality of the foregoing powers, it shall be lawful for the Board to do all or any of the following things, that is to say:—

(a) acquire, either permanently or temporarily and either compulsorily or by agreement, any fishery or fishing right in or over the waters of the River Shannon or any part thereof, and any land, way-leave or other right ancillary to or necessary for the enjoyment of any such fishery or fishing right so acquired;

(b) acquire, either permanently or temporarily and either compulsorily or by agreement, land (including land covered by water) and also easements, profits-a-prendre, and other rights over or in relation to land or water,

(c) acquire, either permanently or temporarily and either compulsorily or by agreement, any weir, dam, or bridge in or across the waters of the Shannon fisheries;

(d) terminate, restrict, or otherwise interfere with, either permanently or temporarily and either compulsorily or by agreement, any easement, way-leave, water-right, fishing right, or other right over or in respect of any land or water;

(e) divert, close, remove, or otherwise interfere with, either permanently or temporarily and either compulsorily or by agreement, any private road or way, or any canal or other artificial water-way, or water-course;

(f) subject to the provisions of this section, demise by lease or let by way of licence the whole or any part of the Shannon fisheries to such persons, for such period, at such rent, and on such terms and conditions as the Board shall, subject as aforesaid, think proper.

(2) Nothing in this section shall operate to authorise the Board—

(a) to do anything compulsorily without paying compensation therefor, or

(b) to acquire or interfere with any public road or way or any bridge carrying a public road or way, or

(c) to acquire or interfere with (otherwise than by agreement) any property belonging to a railway company, or

(d) to acquire any property belonging to the State compulsorily or otherwise than in accordance with the law for the time being regulating or restricting the disposition of such property, or

(e) to construct or erect any work or structure on tidal lands below the line of high water of ordinary or medium tides without the consent of the Minister or otherwise than in accordance with the terms and conditions of such consent, or

(f) to make any demise by lease or any letting by way of licence of the whole or any part of the Shannon fisheries for any period exceeding one year or with or subject to any covenant or condition for renewal without the approval of the Minister and the Minister for Finance, nor to make any such demise or letting of a fishery to which Article Eleven of the Constitution applies for any period exceeding ninety-nine years or with a provision for renewal.

(3) No demise by lease nor letting by way of licence of the whole or any part of the Shannon fisheries nor any agreement for any such demise or letting shall be made by the Board under this section unless the Board shall, at least twenty-one days before making such demise, letting, or agreement, have published at least once in each of two newspapers circulating in the neighbourhood of the fishery or fisheries which is or are the subject matter of such demise, letting, or agreement, a notice stating the intention or desire of the Board to demise or let such fishery or fisheries and inviting offers to take such demise or letting.

10 Application of the income of the Board from the Shannon fisheries.

10.—The income of the Board derived from the performance of the duties in relation to the Shannon fisheries imposed on the Board by this Part of this Act, after discharging all expenses incurred by the Board in the performance of the said duties and properly chargeable to income, shall be applied to the following purposes in the following order, that is to say:—

(a) payment of all interest payable in the current year or owing in respect of any previous year to the Minister for Finance on advances made for the purposes of this Part of this Act by the said Minister to the Board under this Act;

(b) setting aside such sums as the Board, with the approval of the Minister, shall think proper for reserve fund, extensions, and other like purposes relating to the performance of the said duties;

(c) payment of all moneys payable in the current year or owing in respect of any previous year to the Minister for Finance on account of the repayment of advances made by the said Minister to the Board under this Act;

(d) appropriation for any other purpose which the Board shall think proper.

11 Power to sell salmon and trout without licence.

11.—Notwithstanding anything contained in Part III of the Fisheries Act, 1925 (No. 32 of 1925), it shall be lawful for the Board to sell, expose for sale, and keep for sale salmon and trout without being licensed in that behalf under that Act.

12 Appointment of ex-officio members of boards of conservators.

12.—(1) Section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), shall not apply in respect of any fishery for the time being included in the Shannon fisheries and in lieu thereof it is hereby enacted that—

(a) if and so long as the Board is the owner, lessee or occupier of a fishery which was on the 1st day of January, 1931, a several or exclusive fishery within the meaning of the said section 6 and was on that day valued under the Valuation Acts at not less than fifty pounds the Board shall be entitled to nominate one person to be an ex-officio member in respect of such fishery of the board of conservators of the district in which such fishery is situate, and

(b) if and so long as the Board is the owner, lessee, or occupier of a number of fisheries situate in the same fishery district which were on the 1st day of January, 1931, several or exclusive fisheries within the meaning of the said section 6, and were on that date owned, held, or occupied by the same person, and were on the said date valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the Board shall be entitled to nominate one person to be an ex-officio member in respect of such fisheries of the board of conservators of the district in which such fisheries are situate.

(2) Where the Board is entitled under the foregoing sub-section of this section to nominate two or more ex-officio members of a board of conservators, the Board may, in lieu of nominating such two or more members, nominate one person only to be an ex-officio member of such board of conservators, and in such cases such one person shall have and may exercise at meetings of such board of conservators a number of votes equal to the number of ex-officio members of such board of conservators which the Board is for the time being entitled to nominate under the said foregoing sub-section.

(3) A person nominated by the Board under this section to be an ex-officio member of a board of conservators shall, subject and without prejudice to the next foregoing sub-section of this section, have and may exercise as such member all the rights and privileges which are conferred by section 6 of the Fisheries (Ireland) Act, 1848, on a person who is an ex-officio member of a board of conservators under that section.

PART IV. Miscellaneous and General.

13 Advances by the Minister for Finance.

13.—(1) The Minister for Finance may (subject to the provisions of this section) advance out of the Central Fund or the growing produce thereof to the Board, as and when requested so to do by the Board, all such sums as the Minister shall from time to time certify to be reasonably and properly required by the Board for any purpose arising in the performance of its functions under this Act.

(2) All advances made to the Board under this section shall, for the purposes of section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), but for no other purpose, be deemed to be advances made under section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), and the said section 1 shall apply accordingly.

(3) Sub-sections (4) and (5) of section 12 of the Act of 1927 shall apply in relation to advances made to the Board under this section as if such advances were made under the said section 12.

(4) All advances made to the Board under this section shall, for the purposes of sections 13, 14 and 16 of the Act of 1927 as amended by any subsequent enactment, be deemed to be made under that Act, and those sections as so amended shall apply in respect of such advances accordingly.

(5) All moneys payable by the Board to the Minister for Finance under or by virtue of this section shall, in so far as such moneys relate to advances made under this section for the purposes of Part II of this Act, be defrayed out of the income of the Board derived from the performance of its functions under the Act of 1927, and, in so far as such moneys relate to advances made under this section for the purposes of Part III of this Act, be defrayed out of the income of the Board derived from the performance of the duties in relation to the Shannon fisheries imposed on the Board by the said Part III.

14 Assessment of compensation or price.

14.—(1) The amount of any price or compensation payable by the Board under this Act shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as modified by this Act, and, in the case of compensation, in like manner as if such compensation were the price of land compulsorily acquired.

(2) When the price to be paid by the Board for any property is being assessed in pursuance of this section, no regard shall be had to anything which was done or occurred in relation to such property on or after the 1st day of October, 1929, whereby the value of such property was increased, decreased or otherwise affected.

(3) When the price to be paid by the Board for a fishery or fishing right is being assessed in pursuance of this section and it is shown to the satisfaction of the arbitrator that the owner of such fishery or fishing right or a person entitled to a portion of such price by virtue of his having an estate or interest in such fishery or fishing right worked such fishery or exercised such fishing right personally by his own skill and labour and that the profits derived from such working or exercise formed the whole or a substantial part of the livelihood of such owner or person, the arbitrator shall add to and include in the price so payable to such owner or to the portion thereof so payable to such person (as the case may be), as assessed under the provisions of this Act other than this sub-section, such sum as appears to the arbitrator to be a reasonable compensation for the whole or partial (as the case may be) loss of livelihood suffered by such owner or person in consequence of the acquisition of such fishery or fishing right by the Board, regard being had to the likelihood of such owner or person being able, in the circumstances of his case, to transfer his skill and labour to some other profitable occupation.