FISHERIES (TIDAL WATERS) (AMENDMENT) ACT, 1937

AN ACT TO AMEND THE FISHERIES (TIDAL WATERS) ACT, 1934, AND TO EXTEND FOR A LIMITED PERIOD THE TIME DURING WHICH THE SAID ACT, AS SO AMENDED, SHALL CONTINUE IN FORCE. [25th November, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934);

the expression “the Amending Act of 1935” means the Fisheries (Tidal Waters) (Amendment) Act, 1935 (No. 33 of 1935);

the expression “the Minister” means the Minister for Agriculture.

2 Payment of certain special local licence duties by instalments.

2.—(1) Where a board of conservators are authorised by order of the Minister under the Principal Act to issue special local licences to use, in particular tidal waters to which the Principal Act applies situate in their district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the Minister may, whenever and so often as he thinks fit, by order do the following things, that is to say:—

• (a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;

• (b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters any engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

• (c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

• (d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof.

• (2) An order under this section may relate to different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of engine, net, instrument or device for the taking of salmon or trout to which the order relates.

• (3) The Minister may by order revoke or amend any order made under this section (including this sub-section).

• (4) Where a special local licence is issued by a board of conservators in exercise of the powers conferred on such board by an order under this section, the following provisions shall have effect, that is to say:—

• (a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and

• (b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.

• (5) In this section the expressions “special local licence” and “the appropriate special local licence duty” have the same respective meanings as they have in the Principal Act.

3 Amendment of section 14 of the Principal Act.

3.—For the purposes of sub-sections (1) and (2) of section 14 of the Principal Act, each of the following periods, shall, in addition to those mentioned in sub-section (3) of the said section 14 and in section 2 of the Amending Act of 1935, be a fishery year, that is to say:—

• (a) the period of twelve months ending on the 30th day of September, 1938, and

• (b) the period of twelve months ending on the 30th day of September, 1939.

4 Continuance of the Principal Act.

4.—(1) The Principal Act, as amended by section 2 of the Amending Act of 1935 and by this present Act, shall continue in force until the 31st day of December, 1939, and shall then expire.

• (2) When the Principal Act expires by virtue of this section, sub-section (2) of section 13 of the Interpretation Act, 1923 (No. 46 of 1923), shall apply to and have effect in relation to such expiry as if such expiry were a repeal by an Act passed on the 1st day of January, 1940, and the Principal Act were repealed by such Act as on and from that date.

5 Short title and collective citation.

5.—This Act may be cited as the Fisheries (Tidal Waters) (Amendment) Act, 1937, and the Fisheries (Tidal Waters) Acts, 1934 and 1935, and this Act may be cited together as the Fisheries (Tidal Waters) Acts, 1934 to 1937.