Fisheries Act , 1980

PART I Preliminary and General

1 Short title, collective citation and construction.

1.—(1) This Act may be cited as the Fisheries Act, 1980.

(2) The Fisheries Acts, 1959 to 1978 and this Act may be cited together as the Fisheries Acts, 1959 to 1980.

(3) The Fisheries Acts, 1959 to 1976, the Fisheries (Amendment) Act, 1978, and this Act shall be construed together as one.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1962” means the Fisheries (Amendment) Act, 1962;

“the Act of 1977” means the European Assembly Elections Act, 1977;

“the appointed day” means the day appointed by the Minister under section 3;

“the arbitrator” has the meaning assigned to it by section 44 (2);

“board”, except in Part II of the Second Schedule or where the context otherwise requires, means the Central Board or a regional board;

“the Central Board” has the meaning assigned to it by section 7 (1);

“the Central Board's transferred staff” has the meaning assigned to it by section 29 (1);

“the Commissioners”, except in sections 27 and 28, means the Commissioners of Public Works in Ireland;

“easement” includes a profit prendre and any right in or over water;

“election year”, subject to section 15 (2), means the year fixed by the Minister under section 12 (5) and every fifth successive year thereafter;

“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;

“fisheries region” has the meaning assigned to it by section 10;

“functions” includes powers and duties;

“the Principal Act” means the Fisheries (Consolidation) Act, 1959;

“the proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 37 (3) or section 39 (2) passes;

“Register of Trout, Coarse Fish and Sea Anglers” has the meaning assigned to it by section 58 (1);

“the required right of way” has the meaning assigned to it by section 39 (1);

“regional board” has the meaning assigned to it by section 10 (3);

“the regional board's transferred staff” has the meaning assigned to it by section 30 (1);

“the Salmon Conservancy Fund” means the fund described in section 49 of the Principal Act;

“strokehaul” means any weighted instrument or device which may be used, whether with a rod and line or otherwise, to foul-hook fish;

“the Trust” means Iontaobhas Iascaigh Intíre Ioncorportha (The Inland Fisheries Trust Incorporated).

(2) Apart from section 8 (1), (b), insofar as it enables the Minister to give directions for the protection of molluscs, section 8 (1) (g) and subparagraphs (iii) and (iv) of section 11 (1) (c) of this Act, nothing in this Act shall be construed as enabling the Minister to give directions in relation to sea-fish or stocks of sea-fish or as assigning to either the Central Board or a regional board any function in relation to sea-fish or stocks of sea-fish.

3 Appointed day.

3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

4 Fishery year.

4.—(1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31st day of December as may be specified in the order be construed and have effect as a reference to a period which is co-extensive with the calendar year.

(2) The Minister may as regards any provision contained in the Principal Act which relates to the determining, making, levying, collection or recovery of fishery rates and which is directly or indirectly related to or affected by the order described in subsection (1) of this section adapt, modify or otherwise amend the provision in such manner as he considers is appropriate having regard to the provision.

(3) Where an order under this section is for the time being in force, the Principal Act shall be construed and have effect subject to and in accordance with the provisions of the order.

5 Orders.

5.—(1) Subject to sections 10 (1) (b) and 54 (6) of this Act and to subsection (5) of this section, the Minister may by order amend or revoke an order made under section 8 (3) (b), 10, 11, 15, 24 (6), 54, 55, 56, or 57 of this Act, this subsection or section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69, respectively, of this Act).

(2) (a) Subject to paragraph (b) of this subsection, the Minister may—

(i) by order amend an order made under section 37, 38, 39 or 42 of this Act,

(ii) by order amend an order made under subparagraph (i) of this paragraph.

(b) In case the Minister proposes to amend an order under section 37, 38 or 39 of this Act or this subsection, the following provisions shall apply:

(i) the Minister shall as soon as may be give notice in writing of his intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister's said intention in such newspapers and in such manner as the Arbitrator shall determine,

(ii) the Minister shall give notice in writing of his said intention to any person by whom an appeal relating to the order proposed to be amended was brought under this Act, or, in case the order is an order under subparagraph (ii) of paragraph (a) of this subsection, to any person by whom an appeal relating either to the original order under section 37, 38 or 39 of this Act or to any order under the said paragraph (a) which relates to such original order was so brought, or, if in either case any such person is deceased, to his personal representative,

(iii) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this paragraph by the Arbitrator,

(iv) the Arbitrator shall not determine an application under this paragraph by the Minister before the expiration of the period of thirty days beginning on the day on which the relevant notice is published pursuant to this subparagraph, or in case such publication is made on different days the day of the first such publication,

(v) any one or more of the following may, within such period of thirty days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his 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 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 the said order was entitled to the enjoyment of such right or the successor in title of such person, or, if such order was made under section 39 of this Act, the owner of the relevant servient tenement,

(vi) in case a notice is served on the Minister pursuant to this paragraph the Arbitrator shall, before deciding whether or not to approve of 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

(vii) the Arbitrator may in determining the matter approve of 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 approval.

(3) (a) The Commissioners may by order under their seal amend an order made by them under section 40 of this Act.

(b) The Irish Land Commission may by order under their seal amend an order made by them under section 41 of this Act.

(4) If in relation to an application under subsection (2) (b) of this section the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required by subsection (2) (b) (ii) of this section 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.

(5) Subsection (7) of section 68 of the Principal Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this section by which it is proposed to amend an order made under section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69, respectively, of this Act), as it applies as regards an order made under section 68 of the Principal Act.

6 Repeals.

6.—(1) The Principal Act is hereby repealed to the extent specified in column (2) of the First Schedule to this Act.

(2) In subparagraph (i) of section 33 (b) of the Act of 1962 the words “(provided that it has been fixed not less than three years previously)” are hereby repealed.

(3) Subsection (1) of this section, except in so far as it amends section 163 of the Principal Act and repeals clause (b) of paragraph 2 (1) of the Fifth Schedule to that Act, shall come into force on the appointed day.

PART II Central Fisheries Board and Regional Fisheries Boards

CHAPTER I Central Fisheries Board

7 Central Fisheries Board.

7.—(1) On the appointed day there shall be established a body to be known as the Central Fisheries Board (which body is in this Act referred to as “the Central Board”) to perform the functions assigned to it by this Act.

(2) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the Central Board.

8 Functions of Central Board.

8.—(1) (a) The Central Board shall—

(i) co-ordinate and, where it considers it necessary so to do, direct the performance by regional boards of the functions assigned to them under this Act,

(ii) ensure that any fishery, hatchery or fish farm which is in its possession or occupation is managed, conserved, protected, developed and improved, or otherwise dealt with, both properly and in accordance with any direction given by the Minister under paragraph (b) of this subsection,

(iii) ensure that directions given by the Minister under this section are carried into effect,

and in performing the function mentioned in subparagraph (i) of this paragraph the Central Board shall ensure that regional boards in the performance of their functions have regard to such directions by the Minister under this section as are for the time being in force.

(b) The Minister may from time to time give to the Central Board directions containing general policy for the management, conservation, protection, development and improvement of fisheries or for the protection of molluscs, and the Central Board shall, if so directed by the Minister, as soon as may be, communicate to every regional board any direction given by the Minister under this paragraph.

(c) (i) The Central Board shall within the period of two years beginning on the appointed day (or such longer period as the Minister may allow) prepare and submit to the Minister for his consideration an inland fisheries development programme.

(ii) Where the Central Board has prepared and submitted a development programme under this subsection, it shall from time to time as occasion may require, and at least once in every five years after the date of the submission to the Minister of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Minister for his consideration the results of the review.

(iii) A programme under this subsection may contain recommendations regarding the conservation of inland fisheries and may have regard to any programme under section 11 of this Act.

(d) The Central Board may make recommendations to the Minister as to the exercise by the Minister of the powers conferred on him by section 29 of the Act of 1962, the levels of fishery rates, fishery licence duties payable under the Fisheries Acts, 1959 to 1980, and levies payable under section 55 of this Act.

(e) (i) The Central Board may with the approval of the Minister provide education courses or facilities for training or otherwise instructing persons in any matter relating to the management, conservation, protection, development or improvement of fisheries,

(ii) subject to the approval of the Minister, the Central Board may as regards any course or facility provided in pursuance of this paragraph charge fees of such amount as may be so approved.

(f) The Central Board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection, development or improvement of fisheries, or such other matter relating to fisheries, or the promotion of such other matter so relating, as it shall think fit.

(g) Subject to section 2 (2) of this Act, the Central Board may as regards any fishery carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling the Central Board to carry out research or experimental work on, or in relation to, any species of fish which is sea-fish within the meaning of Part XIII of the Principal Act, other than research which is similar or analogous to research in relation to sea-fish which was being carried on by the Trust prior to its dissolution.

(2) The Central Board may, for so long and subject to such conditions as it shall determine, place under the care and management of a regional board any fishery, hatchery or fish farm which is in its possession or occupation.

(3) (a) The Minister may, if he thinks fit, authorise the Central Board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) The Minister may by order assign to the Central Board such other functions relating to fisheries (being functions additional to the functions assigned to the Central Board by this Act) as he thinks fit.

9 Transfer of certain properties of boards of conservators to Central Board.

9.—(1) On the appointed day the following properties (including all easements, rights, powers and privileges relating to or connected with any such property), being properties occupied by or on behalf of boards of conservators, shall be transferred to the Central Board, namely, the properties known as—

(a) Carrowmore Lake Hatchery, County Mayo,

(b) Inistioge Hatchery, County Kilkenny,

(c) Mallow Hatchery and Rosnalee Weir, County Cork,

(d) Cong Hatchery, County Galway,

(e) Virginia Hatchery and Eel Weir, County Cavan,

and each of which is described in the Third Schedule to this Act, including the buildings, offices and out-offices thereon and any machinery, equipment or other moveable property which was on those properties immediately before the appointed day and was used for or in connection with the culture of fish.

(2) The properties referred to in this section shall on the appointed day without any conveyance or assignment become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board for all the estate, term or interest by which they were held immediately before the appointed day but subject to all trusts, equities, interests, conditions, rights and statutory requirements affecting the properties and then subsisting and capable of being performed.

(3) On and after the appointed day every debt and other liability (including any unliquidated liability) which, immediately before the appointed day, is owing and unpaid and has been incurred and is undischarged by a board of conservators in relation to any property transferred to the Central Board by this section shall, on such day, become and be the debt or liability of the Central Board and shall be paid or discharged by, and may be recovered from or enforced against, the Central Board accordingly.

(4) Where by virtue of this section any easement or other right over land or any other estate or interest in land is vested in or becomes the property of or is held in trust or subject to a condition for the Central Board and immediately prior to the appointed day such right or other estate or interest was vested in or the property of or was held in trust or subject to a condition for a person other than a board of conservators, compensation shall be payable in respect of—

(a) the right or other estate or interest acquired by the Central Board by virtue of this section,

(b) any other diminution in the value of any right over land or other estate or interest of such person by reason of such acquisition,

(c) any other loss incurred by such person by reason of such acquisition,

and the compensation together with any interest payable thereon by virtue of this subsection shall be paid by the Central Board.

(5) Subsections (2), (3), (6), (7) and (8) of section 43 of this Act shall apply as regards compensation payable under this section as they apply as regards compensation payable under that section.

(6) References in this section to a board of conservators shall be construed as including a reference to a person who, immediately before the appointed day, stands appointed under section 51 of the Principal Act.

CHAPTER II Fisheries Regions and Regional Boards

10 Fisheries regions and regional boards.

10.—(1) (a) Subject to paragraph (b) of this subsection and to compliance with the requirement of subsection (2) of this section, the Minister may by order create, either by union, sub-division or otherwise, such regions (each of which is in this Act referred to as a “fisheries region”) as appear to him to be appropriate having regard to the purposes of this Act and such order shall specify the name of each fisheries region so created.

(b) An order under this section, other than the order referred to in subsection (2) of this section, shall not be made by the Minister without the consent of the Minister for the Public Service.

(2) As soon as may be after the passing of this Act an order shall be made by the Minister under subsection (1) of this section creating seven, and only seven, fisheries regions in the State and such order shall be the first order to be made under this section and shall come into force on the appointed day.

(3) Where an order is made under this section, there shall, by virtue of the order, be established in relation to any fisheries region created by the order a board (in this Act referred to as a “regional board”) and such board shall be known as “The___ Regional Fisheries Board” (the name of the fisheries region being inserted) and shall perform as regards the fisheries region in relation to which it is established the functions assigned to a regional board by this Act.

(4) (a) A regional board shall be comprised of such number of members as shall be specified in the order establishing the relevant fisheries region and of whom—

(i) such number as shall be so specified shall be elected in pursuance of section 12 of this Act of whom such member or members (if any) as may be so specified shall be elected by a class or by such classes of electorate as may be so specified, and

(ii) subject to subsections (5) and (6) of this section, such number as shall be so specified shall be appointed by the Minister after such consultation as he considers appropriate.

(b) (i) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, every elected member of a regional board shall, unless he sooner resigns or becomes disqualified, hold office from the day next following the date of his election until midnight on the day on which the result of the next election for elected members of the board held in pursuance of section 12 of this Act is declared.

(ii) The term of office of a member of a regional board appointed under this subsection shall be fixed by the Minister at the time when the appointment is made and, subject to the said subsection (11) (b), section 24 and Article 11, shall be for a period not exceeding five years.

(c) A member of a regional board appointed or co-opted under subsection (4) or (5) of this section or Article 5 of Part II of the Second Schedule to this Act shall be eligible for nomination as a candidate and for election at an election held under this Act.

(5) (a) Notwithstanding anything otherwise contained in this Act, as soon as may be after the making of an order under subsection (1) of this section, subject to subsection (6) of this section, the Minister, after such consultation as he considers appropriate, shall as regards the regional board, or as may be appropriate, each of the regional boards, established by the order appoint such number of persons to be members of the board as shall be specified in the order.

(b) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, a person appointed to membership of a regional board under paragraph (a) of this subsection shall hold office during the period beginning on the date of his appointment and ending on the day immediately preceding the day on which the term of office of the members first elected under this Act to membership of the board commences.

(6) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall not be eligible for appointment under this section by the Minister to membership of a regional board.

(7) The provisions contained in Part II of the Second Schedule to this Act shall apply to a regional board and for the purpose of applying the said provisions in relation to a particular regional board any reference in the said Schedule to “the Board” shall be construed as a reference to that particular regional board.

(8) Whenever the Minister by an order under this section creates a fisheries region he shall by reference to a map specified in the order appoint the boundaries of such fisheries region.

(9) (a) A fisheries region may include any of the following waters, namely, any waters situate in an area which immediately before the commencement of the order referred to in subsection (2) of this section comprised a fishery district and any other waters which are—

(i) in any area of the sea to which the internal or inland waters of the State extend by virtue of section 5 of the Maritime Jurisdiction Act, 1959,

(ii) in the portion of the sea which lies between the baseline for the purposes of the said Act and the line every point of which is on the seaward side and at a distance of twelve nautical miles from the nearest point of that baseline.

(b) The Minister may by order substitute for the reference to twelve nautical miles in paragraph (a) (ii) of this subsection a reference to a number of nautical miles specified in the order.

(c) In case an order under paragraph (b) of this subsection is for the time being in force, paragraph (a) (ii) of this subsection shall be construed and have effect as if for the reference therein to twelve nautical miles there were substituted a reference to the number of nautical miles specified in the order.

(d) Where waters are included in a fisheries region created under this section and by reason of the making or revocation of an order under this subsection such waters cease to be waters described in subparagraph (ii) of subsection (9) (a) of this section, then for so long as the aforesaid waters continue to be waters other than those so described the order creating the fisheries region shall have effect subject to the following modifications, namely, the waters so included shall be accordingly regarded as not being within the fisheries region and the relevant map prepared by the Minister in pursuance of subsection (8) of this section shall be regarded as having been modified to the extent necessary to place the waters so included outside the boundaries appointed by the order.

(10) The Minister may by order alter the boundaries of a fisheries region and an order under this subsection shall, by reference to a map specified in the order, indicate the boundaries of the relevant fisheries region or regions as altered by the order.

(11) (a) The Minister may by order alter the number of members of which a regional board is to be comprised, and in case the Minister makes such an order, the order shall specify the number of members of the regional board who are to be appointed by the Minister and the number of such members who are to be elected under this Act.

(b) In case the Minister makes an order under subsection (1) of this section, he may by the order reduce the number of members of any regional board other than that established by the order, and notwithstanding subsection (4) (b) (i) of this section such an order may provide for the termination in a specified manner of the term of office of specified members (whether elected or appointed) of such other regional board.

(12) (a) The Minister shall cause to be prepared maps showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fisheries regions in existence for the time being.

(b) Paragraphs (b) to (e) of section 19 (3) of the Principal Act shall apply in relation to maps prepared under this subsection as they apply to maps prepared under that section and for the purposes of the foregoing each of the references in those paragraphs to the official maps shall be construed as including a reference to a map prepared under this subsection.

(13) The following provisions shall apply in relation to an order under this section creating a fisheries region (whether by union, subdivision or otherwise):

(a) the Minister may by the order provide that—

(i) all or any specified part of the property (other than property referred to in section 9 (1) of this Act), whether real or personal (including any right to recover any rate and any other chose-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for—

(A) a board of conservators dissolved under section 34 of this Act and specified in the order, or

(B) a person who by virtue of the said section 34 ceases to be appointed under section 51 of the Principal Act, and is so specified, or

(C) a regional board for a fisheries region affected by the order and so specified,

and that all rights, powers and privileges relating to or connected with any such property, shall on such commencement, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) such regional board as is specified in the order,

(ii) every or any specified contract which was entered into and is in force immediately before the commencement of the order between such a board of conservators, person so appointed or regional board and any other person shall continue in force on and after such commencement, but shall be construed and have effect as if the board established by virtue of the order were substituted therein for the board or the person so appointed by whom the contract was entered into and that accordingly such contract shall be enforceable by or against the board so established,

(iii) every or any specified debt or other liability (including any unliquidated liability arising from torts or breaches of contract but excluding any liability transferred to the Central Board by virtue of section 9 (3) of this Act), which immediately before such commencement is owing and unpaid or has been incurred and is undischarged by such a board of conservators, person so appointed or regional board shall, on such commencement, become and be the debt or liability of the board established by virtue of the order and shall be paid or discharged by and may be recovered from and enforced against such board accordingly,

(iv) in case property transferred by the order was immediately before such commencement standing in the books of any bank or was registered in the books of any bank, corporation or company, such property shall, upon a request of the board established by virtue of the order being made any time after such commencement, be transferred by such bank, corporation or company into the name of such board,

(v) after such commencement any chose-in-action transferred by the order may be sued upon, recovered or enforced by the board so established in its own name and that it shall not be necessary for such board to give notice to the person bound by such chose-in-action of the transfer effected by the order,

(vi) where immediately before such commencement there are pending—

(A) in case the order is that referred to in subsection (2) of this section, any legal proceedings instituted by virtue of section 309 of the Principal Act by an officer or employee of such a board of conservators or person so appointed, or any other legal proceedings instituted by a person on behalf of, or instituted against a person on behalf of, such a board or a person so appointed,

(B) in the case of any other order under this section, any legal proceedings to which a regional board affected by the order is a party,

the name of the board so established shall be substituted for that of such board of conservators, person so appointed or regional board (as the case may require) and the proceedings shall not abate by reason of such substitution,

(vii) the making of the order shall not invalidate or affect any payable order or cheque or any authority given for the payment of the amount of any payable order or cheque, and that a regional board specified in the order shall make arrangements for the payment of the amount of orders and cheques which are of a class or description so specified upon due presentation within a reasonable time after the establishment of such board,

(b) the Minister may by the order modify a provision of this Act so far, but only so far, as is necessary for carrying the order into effect.

(14) In case the Minister by an order under this section creates a fisheries region by the union of two or more fisheries regions, each of the regional boards for the fisheries regions so united shall on the commencement of the order stand dissolved.

(15) Whenever the Minister makes an order under this section the following provisions shall apply, namely—

(a) he shall, as soon as may be, (in addition to causing notice of the making of the order to be published in the Iris Oifigiúil) cause such a notice to be published in one or more of the newspapers circulating in any fisheries region created by the order or to which the order otherwise relates, and

(b) he shall cause a copy of the order to be deposited with the County Registrar for every county and the District Court Clerk of every District Court District, within which the whole or any part of the fisheries region created by the order is situate.

11 Functions of and other provisions relating to regional boards.

11.—(1) (a) A regional board shall as regards its fisheries region—

(i) subject to the provisions of this Act, protect the fisheries in such region and generally enforce the Fisheries Acts, 1959 to 1980, therein,

(ii) within the period of two years beginning on the appointed day (or such longer period as the Minister may in any particular case allow) prepare and submit to the Central Board for its consideration an inland fisheries development programme.

(b) Where a regional board has prepared and submitted a development programme under this subsection it shall from time to time as occasion may require, and at least once in every five years from the date of the submission to the Central Board of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Central Board for its consideration the results of the review.

(c) A regional board shall—

(i) ensure that any fishery which is in the possession or occupation of the board or any fishery, hatchery or fish farm which by virtue of section 8 (2) of this Act is under the care and management of the board, is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with both the current development programme prepared under this section by the board and any direction given by the Minister under section 8 (1) (b) of this Act and which is for the time being in force,

(ii) promote and encourage the management, conservation, protection, development and improvement in accordance with such development programme of the fisheries in its fisheries region which are not in such possession or occupation,

(iii) ensure that any oyster or other mollusc fishery situated in its fisheries region is protected in accordance with such of the provisions of any such direction as relate to a fishery of that kind, and

(iv) encourage, promote and develop angling for salmon, trout, coarse fish and sea-fish, and for the purposes of any or all of those kinds of angling provide such facilities and amenities (if any) as the regional board thinks fit.

(2) A regional board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection or improvement of fisheries, or such other matter relating to fisheries, as it shall think fit.

(3) (a) Subject to Article 1 (b) of the Fourth Schedule to this Act, the power under Part V of the Principal Act of striking a rate on fisheries, in so far as before the commencement of this section it was exercisable by a board of conservators, and the powers under that Part to amend, collect and recover such a rate are, in so far as they apply to a fishery district, hereby assigned to the regional board concerned.

(b) Where a regional board strikes a rate on fisheries, the Minister in considering whether to confirm the rate with or without modification or to exercise the power conferred on him by section 55 of the Principal Act to strike a rate shall have regard to any relevant recommendation made by the Central Board under section 8 (1) (d) of this Act.

(4) The powers under the Principal Act to issue licences, for fishing for salmon or eels (other than salmon rod (twenty-one day) ordinary licences) and to issue oyster fishing licences which, immediately before the passing of this Act, were exercisable by a board of conservators shall, on and from the appointed day, be exercisable by a regional board.

(5) The amendments to the Principal Act or the Act of 1962 specified in the Fourth Schedule to this Act shall have effect as on and from the appointed day.

(6) (a) The Minister may, if he thinks fit, authorise a regional board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) (i) The Minister may by order provide for the issue by any regional board, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order.

(ii) In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect, namely, any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine and any such licence shall for the said purposes be regarded as being an ordinary fishing licence.

(iii) In case an order under this paragraph is for the time being in force, the powers conferred by the order on regional boards shall be in addition to and not in substitution for the powers conferred on such boards by subsection (4) of this section.

(c) The Minister may by order assign to—

(i) regional boards generally,

(ii) regional boards of a particular class or description,

(iii) one or more particular regional boards,

such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit.

(d) Duties payable as regards licences issued by virtue of this section shall be paid to the regional board by whom the licence is issued.

(e) In this Act “fishing licence”, when used without qualification, shall include a licence issued pursuant to an order under paragraph (b) of this subsection.

12 Election of members of regional boards.

12.—(1) Elections of members of a regional board, other than members appointed by the Minister under section 10 of this Act, shall in each election year be held in accordance with this Act as regards each fisheries region and each such election shall be conducted in accordance with this Act and regulations under this section.

(2) (a) Where a person is for the time being the holder of two or more licences issued under this Act the holding of any of which would under this Act, apart from this subsection, entitle him to vote at an election of members of a particular regional board, notwithstanding the fact that he is such a holder he shall be entitled to vote once and once only at the election.

(b) Where a person is for the time being a rate-payer who is entitled to vote at an election of members of a particular regional board and is either or both—

(i) the holder of any licence issued under, the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board,

(ii) registered in a Register of Trout, Coarse Fish and Sea Anglers and thereby entitled so to vote,

notwithstanding the fact that he is both such a rate-payer and such a holder, or as the case may be such a holder and so registered, he shall be entitled to vote once and once only at the election.

(c) Where a person is for the time being registered in a Register of Trout, Coarse Fish and Sea Anglers and is the holder of any licence issued under the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board, notwithstanding the fact that he is so registered he shall be entitled to vote once and once only at the election.

(3) (a) The Minister may make such regulations as he thinks proper in relation to elections under this section of members of regional boards.

(b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may provide for—

(i) the nomination of different classes of candidates for election as members of regional boards and for the election of such candidates by different classes of electors,

(ii) postal voting at elections under this section of members of regional boards.

(4) Where regulations under this section which are for the time being in force provide for the nomination of different classes of candidates for election as members of regional boards, subject to the provisions of this Act apart from this subsection, a person shall be entitled to be nominated as a candidate of one class, and one class only, at an election to which the regulations apply.

(5) The Minister shall by order fix the year in which elections of members of regional boards are first to be held under this Act.

13 Electorate for election of elected members of regional boards.

13.—(1) (a) Subject to section 12 (2) of this Act, every person who is the holder of an ordinary fishing licence or an oyster fishing licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall be entitled to vote at the election to be held in that year as regards the regional board by which the licence is issued.

(b) (i) Subject to section 12 (2) of this Act and to subparagraph (ii) of this paragraph, every person who for the time being is registered in a Register of Trout, Coarse Fish and Sea Anglers (other than a person who is so registered as non-voting) and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act as regards the regional board by which the register is maintained, shall be entitled to vote at the election.

(ii) A person shall be entitled to vote pursuant to this paragraph at an election under this Act which is not the election first held as regards a regional board if, and only if, he has been registered in the register maintained by the board to which the election related for a continuous period of not less than three years ending on the day fixed under this Act for the receipt of nominations at the election.

(2) Every person who is the holder of a special local licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall, subject to section 12 (2) of this Act, be entitled to vote at the election in that election year of elected members of the regional board within whose fisheries region the special tidal waters to which the licence relates are situate.

(3) Where a person who is the rated occupier of a fishery has, as regards the fishery, for the time being complied with the requirements (if any) regarding the payment of fishery rates and contained in regulations made by the Minister for the purpose of this subsection, the following provisions shall have effect:

(a) subject to section 12 (2) of this Act, such person or his agent duly appointed under section 328 of the Principal Act shall be entitled to vote at an election of elected members of the regional board within whose fisheries region the fishery is situate, and

(b) in case regulations made for the purposes of this subsection are for the time being in force, the production of the receipt for the relevant fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election.

(4) References in this Act to the electorate of a fisheries region for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of elected members of the regional board for that region to be held in that year.

14 Qualification for elected members of regional boards.

14.—A person shall not be eligible for election under this Act to membership of a regional board if on the day fixed under this Act for the receipt of nominations at the election—

(a) he is entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) he is a representative in the Assembly of the European Communities,

(c) he is not entitled to vote at the election,

(d) he is an undischarged bankrupt,

(e) within the period of three years ending on such day he has made a composition with his creditors,

(f) within the period of seven years ending on such day he has been convicted of an offence under the Fisheries Acts, 1959 to 1980.

15 Postponement of elections of members of regional boards.

15.—(1) Notwithstanding anything contained in this Act the elections pursuant to this Act of members of regional boards may be held in a year which is later than that in which the elections would, apart from this section, fall to be held and which the Minister, if he thinks fit, fixes by order.

(2) In case the Minister makes an order under this section, the elections pursuant to this Act of members of regional boards, other than the elections to which the order relates, shall be held in each fifth successive year to that fixed by the order.

(3) Where an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Section 36 of the Act of 1962 shall not apply as regards an order made by the Minister under this section.

16 Failure to elect elected members of regional board.

16.—(1) If the electorate for a fisheries region in any election year elect no elected members under section 12 of this Act, the previously existing elected members of the regional board concerned shall continue in office and be deemed to have been elected as such elected members in that election year.

(2) If at an election under this Act the electorate for a fisheries region elect fewer elected members than the number which could have been elected at the election, then there shall be deemed to have occurred immediately after the meeting of the regional board concerned first held after the election—

(a) in case the number of members who could have been so elected exceeds by one the number of members who were so elected, a casual vacancy,

(b) in case the number of members who could have been so elected exceeds by two or more the number of members who were so elected, casual vacancies equal in number to the excess.

17 Disqualification of member of regional board by non-attendance at meetings.

17.—(1) A member of a regional board who absents himself during a period of six consecutive months from all meetings of the Board shall be disqualified from continuing to be a member of such board and one fortnight after the expiration of such period his seat on such board, shall, subject to subsection (2) of this section, become and be vacant.

(2) (a) Whenever a member of a regional board is about to become or has been disqualified under subsection (1) of this section from continuing to be a member of such board, subject to paragraph (b) of this subsection, such board may, not later than one fortnight after the expiration of the period mentioned in the said subsection (1) and if the board is satisfied that the special circumstances of the case justify the board in so doing, extend the said period by such further period as the board thinks proper, and thereupon the said subsection (1) shall have effect in that particular case as if such extended period were substituted for the said period of six consecutive months, but no such period of six consecutive months shall be extended under this subsection more than once.

(b) A period shall not be extended by a regional board under this subsection unless—

(i) at least two-thirds of the members of the board are present at the relevant meeting of the board when the question is determined, and

(ii) of such members so present, at least two-thirds vote in favour of the extension.

CHAPTER III Fishery Improvement

18 Powers of Central Board and regional boards in relation to improvement of fisheries.

18.—(1) Subject to the following subsections of this section, for the purpose of improving any fishery (whether or not the fishery is the property of the Central Board or the regional board concerned) the Central Board or a regional board may do all or any of the following, namely—

(a) take fish from a fishery by any means whatsoever,

(b) implement any other measure intended to alter or regulate the stock in a fishery of fish of one or more particular species,

(c) keep under surveillance and from time to time ascertain by any means the quality of water in a fishery,

(d) alter, repair, remove or demolish any fence, hedge, tree or wall,

(e) dig, break or otherwise temporarily close, cross, extend, divert or otherwise interfere with or alter any navigable waterway, river, stream or other watercourse, bridge, tunnel, culvert, pipe, drain or other thing,

(f) notwithstanding section 327 of the Principal Act, take materials from any river, stream or other watercourse,

provided that a board shall only exercise a power under paragraph (e) or (f) of this subsection after consultation with the Commissioners and provided also that in relation to a fence, hedge, tree or wall which is adjacent to a public road or any property of a public authority, the board shall only exercise a power under this subsection with the consent of the authority concerned, and in case there is a dispute as to whether a particular fence, hedge, tree or wall is adjacent to a public road or any such property, the matter shall be referred by the board concerned to the Minister to determine, whose decision, after consultation with the Minister for the Environment or such other Minister of the Government as he considers appropriate, shall be final.

(2) (a) Subject to paragraph (b) of this subsection, a board shall not, in relation to a several fishery or other thing exercise a power mentioned in subsection (1) of this section without the consent of the owner thereof, and for the avoidance of doubt it is hereby declared that in case the owner of the several fishery or other thing is a Minister of the Government, the Irish Land Commission, the Commissioners or a public authority, the said Minister, the said Commission, the Commissioners or the public authority in giving such consent may attach thereto such reasonable conditions as he or they think fit, and in addition to the foregoing, the board shall not enter on or take possession of any fishery or land without giving the occupier thereof one month's previous notice in writing of its intention so to do.

(b) Where, on an application made to him by a board, the Minister is satisfied that the owner of a several fishery or other thing cannot by diligent inquiry be found or ascertained, he may issue an authorisation under this section as regards the several fishery or other thing and for so long as an authorisation under this section is in force paragraph (a) of this subsection shall not apply as regards the several fishery or other thing to which the authorisation relates.

(c) The Minister may at any time withdraw an authorisation under this section either on his own motion or on the application of any other person.

(3) Subject to section 43 of this Act, the Central Board or any regional board, or their servants or agents or any contractor employed by the board or any workman employed by such contractor may, with or without vehicles, machinery or other apparatus (including boats or other vessels) or equipment, for the purpose of,

(a) gaining access to the site of fishery improvement works which are completed or which are in the course of being carried out or are to be carried out by the board,

(b) gaining access to a fishery (whether or not the fishery is the property of the board) in order to inspect or maintain it, enter on land at any reasonable time.

(4) (a) Subject to paragraphs (b) and (c) of this subsection, to subsection (1) of this section and to section 43 of this Act, a board may for any purpose mentioned in subsection (3) of this section construct on or over any land a bridge, road or pathway of any description, and when constructed by the board, use and maintain such bridge, road or pathway.

(b) Before exercising a power to construct under this subsection a board shall obtain the consent of the local authority within whose functional area the proposed bridge, road or pathway, or any part thereof, is proposed to be situate.

(c) Where a board proposes to construct under this subsection a bridge, road or pathway on any land which is in the possession or occupation of the Minister, any other Minister of the Government, the Irish Land Commission, the Commissioners or a public authority, before exercising any of their powers in relation to the provision of the bridge, road or pathway, the board shall first obtain the consent of—

(i) in case the land is in the possession or occupation of a Minister of the Government, that Minister,

(ii) in case the land is in the occupation or possession of the Irish Land Commission or the Commissioners, the said Commission or the Commissioners, as may be appropriate,

(iii) in case the land is in the occupation or possession of a public authority, that authority,

and the requirements of this paragraph are in addition to and not in substitution for the requirements of paragraph (b) of this subsection.

(5) A person entering on land under this section may do thereon all things ancillary to or reasonably necessary for the purpose for which the entry is made.

(6) A person authorised under Article 20 of Part I of the Second Schedule to this Act or Article 18 of Part II of the said Second Schedule to exercise a power mentioned in subsection (1) of this section shall be furnished by the Central Board or the regional board concerned, as may be appropriate, with a certificate of such authorisation and when doing anything pursuant to the authorisation shall, if requested by the person affected, produce the certificate to that person.

(7) (a) Nothing in this section shall be construed as conferring on any person a power to enter a dwellinghouse, nor except where there is through the garden or curtilage of a dwellinghouse an ordinary road or passage to a fishery, shall it be construed as conferring on any person a power to enter such a garden or curtilage.

(b) Nothing in this section shall be construed as enabling a regional board to exercise outside its fisheries region any of the powers conferred on it by this section.

(c) Nothing in this section shall be construed as modifying or otherwise affecting the application of any requirement under the Local Government (Planning and Development) Acts, 1963 and 1976.

CHAPTER IV Miscellaneous Provisions Relating to Central Board and Regional Boards

DIVISION I

Reports, Finance, Etc.

19 Annual reports and information to Minister.

19.—(1) The Central Board shall, as soon as may be after the commencement of each year, make a report to the Minister of its proceedings in the preceding year and those of each regional board in such year, as reported to the Central Board under subsection (2) of this section, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) A regional board shall, not later than the 1st day of April in each year, make a report to the Central Board of its proceedings during the year ended on the previous 31st day of December.

(3) The Minister may from time to time require the Central Board or a regional board to furnish such information relating to its functions as he shall specify.

20 Estimates.

20.—(1) The Central Board and each regional board shall, as respects each year, prepare an estimate of its total expenditure and, receipts, and such estimates shall be in such form as the Minister may require.

(2) A copy of each estimate prepared by the Central Board in compliance with this section shall be sent by the Central Board to the Minister.

(3) A copy of each estimate prepared by a regional board in compliance with this section shall be sent by that board to the Central Board who shall forward it, together with the Central Board's observations on the estimate, to the Minister.

(4) (a) In case the Minister receives an estimate prepared for the purposes of this section he may confirm the estimate, with or without modification, or refuse to confirm the estimate.

(b) In case the Minister refuses to confirm an estimate so prepared, he may require the Central Board, or in case the estimate is prepared by a regional board, the regional board concerned, to prepare and submit for the purposes of this section a fresh estimate of its expenditure and receipts for the year to which the unconfirmed estimate related.

(c) In case the Minister makes a requirement under this subsection, the requirement shall be complied with by the Central Board or the regional board concerned, as may be appropriate, as soon as may be, and subsection (2) or (3) of this section, as may be appropriate, shall apply as regards estimates prepared in pursuance of a requirement under this subsection as it applies to estimates prepared in pursuance of subsection (1) of this section.

(5) (a) The Minister may, if he thinks fit, direct that, generally or as regards a particular year, estimates required by this section shall be prepared and sent to him under this section not later than a specified date in any year, or as may be appropriate, a particular specified date, and the same date may be so specified as regards all such estimates or different dates may be so specified in relation to two or more classes of such estimates.

(b) In case a direction under this subsection is for the time being in force, the Central Board (if concerned) and any regional board concerned shall comply with the direction.

(6) The Central Board or a regional board shall not, without the permission of the Minister, incur any expenditure other than expenditure included in an estimate under this section as confirmed under this section by the Minister.

21 Grants to Central Board and regional boards.

21.—(1) There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Central Board—

(a) in each year out of moneys provided by the Oireachtas,

(b) from time to time out of the Salmon Conservancy Fund,

a grant of grants of such amount or amounts as the Minister, after consultation with the Central Board, may fix; provided that a grant under this section out of moneys provided by the Oireachtas shall be made by the Minister only with the consent of the Minister for Finance.

(2) There may be paid by the Central Board to a regional board grants of such an amount as the Central Board with the approval of the Minister may fix.

(3) Moneys granted to the Central Board under this section may only be used to defray expenses incurred by the Central Board or by a regional board.

22 Accounts and audits.

22.—(1) The Central Board and, subject to subsection (2) of this section, each regional board shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including in particular all such special accounts as the Minister may from time to time direct.

(2) The amount received by a regional board on account of subscriptions payable under section 58 of this Act shall be shown as a separate item in the accounts kept by such board in pursuance of this section.

(3) Accounts kept in pursuance of this section shall be submitted annually by the board by whom they are kept to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts and any accounts kept pursuant to a direction of the Minister, together with the report of the Comptroller and Auditor General on the accounts, shall be sent by such board to—

(a) in case the accounts are accounts kept by the Central Board, the Minister,

(b) in case the accounts are accounts kept by a regional board, the Central Board.

(4) As soon as may be after the accounts relating to a particular year have been received by the Central Board from all of the regional boards, the Central Board shall send a copy of the accounts to the Minister together with such observations thereon (if any) as the Central Board considers appropriate.

(5) The Minister shall cause copies of accounts presented to him under this section by the Central Board, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

23 Borrowings.

23.—(1) The Central Board and, subject to subsection (2) of this section, any regional board may, with the consent of the Minister given with the consent of the Minister for Finance and subject to any conditions imposed by the Minister, borrow money by means of bank overdraft or otherwise.

(2) An application by a regional board for the consent of the Minister to borrowings by such board shall be made through the Central Board (which may if it thinks fit make observations to the Minister on the application).

DIVISION II

Removal of Members

24 Removal of members of Central Board or a regional board.

24.—(1) If and whenever the Minister is satisfied that—

(a) the Central Board or a regional board has not, in relation to a direction given by the Minister under section 8 (1) (b) of this Act, complied with the requirements of section 8 or 11 (1) (c) of this Act, as the case may be, or

(b) after holding under section 50 of the Principal Act, as amended by section 65 of this Act, an inquiry into the performance of the functions assigned to the Central Board or a regional board by or under this Act, the functions so assigned are not being duly and effectively performed by the Central Board or a regional board, or that the performance in general by any such board of the functions so assigned to it has been unsatisfactory,

he may by order remove from office all the members (including the chairman) of the board.

(2) In case the Minister makes an order under subsection (1) of this section, he shall appoint such person or persons as he thinks fit to perform the functions of the board to which the order relates and may from time to time remove a person or persons appointed under this subsection and appoint another or others in his or their place.

(3) (a) An appointment under this section shall be in writing and shall specify the day on and from which and, subject to subsection (2) of this section, the period during which the appointment is to have effect, and for so long as the appointment remains in force it shall operate to enable the person or persons thereby appointed to perform the functions of the board in relation to which the appointment was made.

(b) An appointment under this section may fix the duties and the remuneration of the person or persons to whom it relates.

(4) The remuneration of all persons appointed under subsection (2) of this section to perform the functions of the Central Board or a regional board shall be paid out of the revenue of the board in relation to which the appointment was made as part of the expenses of performing its functions.

(5) Where a person serving in the Civil Service is appointed under subsection (2) of this section to perform the duties of the Central Board or a regional board, there shall be recouped to the Exchequer from the moneys under the control of the board in relation to which the appointment was made, in such manner as the Minister for the Public Service may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation and Pensions Act, 1976, to or in respect of such person as the Minister for the Public Service shall determine to be proper.

(6) At any time after the members of a regional board have been removed from office by an order under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held.

(7) Whether or not a new election of members of a regional board has been held in pursuance of an order made under subsection (6) of this section, the next subsequent election of members of such board shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved.

(8) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under subsection (6) of this section.

DIVISION III

Staff

25 Staffs of Central Board and regional boards.

25.—(1) Subject to the provisions of this section and to sections 29 and 30 of this Act, the Central Board or a regional board may, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, from time to time appoint such and so many persons as it thinks proper to be its officers and servants.

(2) (a) Subject to sections 27 and 28 of this Act, the chief officer of the Central Board or a regional board (whether that officer is described as the Chief Officer or otherwise) shall be appointed by such board with the concurrence of the Minister.

(b) Subject to section 29 of this Act and subsection (4) of this section, such a chief officer shall be paid such remuneration and allowances for expenses and shall hold his employment on such other terms and conditions as the Minister with the concurrence of the Minister for the Public Service determines, and different terms and conditions may be determined under this paragraph in relation to the office of chief officer of the Central Board, the office of chief officer of any regional board, and the office of chief officer of any regional board which is of a particular class or description.

(3) Subject to sections 29 and 30 of this Act, the officers, other than the chief officer, and the servants of the Central Board or a regional board shall be paid such remuneration and allowances and shall hold their employment on such terms and conditions as the board concerned shall, with the approval of the Minister given with the concurrence of the Minister for the Public Service, determine.

(4) Where a person who is an officer (including the chief officer) or servant of the Central Board, or of a regional board, is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or to the Assembly of the European Communities, or is appointed under section 15 of the Act of 1977 to fill a vacancy in the said Assembly, he shall stand seconded from his employment and shall not be paid, or be entitled to receive, any remuneration or allowances in respect of that employment—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on the acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either such House or to the said Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House, or a representative in the said Assembly or fails to be elected or withdraws his candidature, as may be appropriate,

(c) in case he is so appointed to fill such a vacancy, in respect of the period commencing on the date of his appointment and ending when he ceases to be such a representative,

and in addition to the foregoing he shall not be entitled to reckon the whole or any part of that period for any benefits payable under any scheme under section 33 of this Act.

(5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall, while so entitled, be disqualified from becoming an officer (including the chief officer) or servant of the Central Board, or of a regional board.

26 Instruments of appointment for purposes of Part XVIII of Principal Act.

26.—Every instrument of appointment by the Central Board or a regional board of an officer or other person to be an authorised person for the purposes of Part XVIII of the Principal Act shall be—

(a) prepared and printed in the prescribed form, and

(b) sealed with the seal of the board,

and every document purporting to be such an instrument and to be sealed with the seal of such board as is appropriate in the circumstances shall be admissible in any legal proceedings as prima facie evidence of such appointment.

27 Certain offices etc. to be filled through Local Appointments Commission.

27.—(1) Subject to subsection (2) hereof, this section applies to the following offices and employments, namely:

(a) the chief office under the Central Board,

(b) the chief office under a regional board,

(c) every office and every employment, other than a part-time or temporary employment, under the Central Board or a regional board the qualifications for which are wholly or in part professional,

(d) any other office or employment under the Central Board or a regional board as the Minister shall from time to time, with the concurrence of the Minister for the Public Service and the Commissioners, declare to be an office or employment to which this section applies.

(2) This section shall not be construed as applying to a transfer effected by section 29 or 30 of this Act or to a case in which—

(a) a person is transferred—

(i) from an office or employment under the Central Board to an office or employment under a regional board, or

(ii) from an office or employment under a regional board to an office or employment under the Central Board, or

(iii) from an office or employment under one regional board to an office or employment under another regional board,

and,

(b) the duties attached to the office or employment from which the person is so transferred are similar or analogous to the duties attached to the office or employment to which the person is so transferred.

(3) Every question or dispute as to whether—

(a) a particular office or employment is or is not an office or employment to which this section applies, or

(b) whether a transfer is or is not one to which subsection (2) of this section relates, shall be determined by the Minister after consultation with the Commissioners.

(4) Subject to subsection (2) of this section, in case the Central Board or a regional board proposes to make an appointment to an office or employment to which this section applies, the board shall first request the Commissioners to recommend to it a person for appointment to such office or employment and the Commissioners on receiving such request shall if they so think proper select and recommend under and in accordance with the Act of 1926 to the board a person for appointment to such situation, and the board on receiving from the Commissioners such recommendation shall, subject to the approval required by section 25 (1) of this Act, appoint to such office or employment the person so recommended by the Commissioners.

(5) The Central Board or a regional board shall pay to the Commissioners out of the moneys at its disposal such expenses in respect of the selection and recommendations by the Commissioners under this section to fill offices or employments under the board as shall be fixed by the Commissioners.

(6) Every sum received by the Commissioners under this section shall be deemed for the purposes of section 12 (2) (b) of the Act of 1926 to be a fee paid to the Commissioners under that Act.

(7) In this section and in section 28 of this Act “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926;

“the Commissioners” means the Local Appointments Commissioners.

28 First appointment of chief officer of Central Board or regional board.

28.—(1) The person to be first appointed after the passing of this Act to be—

(a) the chief officer under the Central Board,

(b) the chief officer of a particular regional board,

(whether that officer is described as the Chief Officer or otherwise) shall, subject to subsection (2) of this section, be appointed to that office by the Minister.

(2) Subsections (4) and (5) of section 27 of this Act shall apply in relation to the exercise by the Minister of the power conferred on him by subsection (1) of this section as they apply in relation to the making by the Central Board or a regional board of appointments to offices or employments to which the said section 27 applies, and for the purpose of giving effect to the foregoing each of the references in the said subsections to the Central Board (or “the board”) shall be construed both as including a reference to the Minister and subject to such other modifications as are necessary.

(3) The sum received by the Commissioners under section 27 (5) of this Act, as applied by this section, shall be deemed for the purposes of section 12 (2) (b) of the Act of 1926 to be a fee paid to the Commissioners under that Act.

29 Transfer of staff to Central Board, etc.

29.—(1) Every person who, immediately before the appointed day, is in the whole-time employment of the Trust shall, on such day, be transferred to and become an officer or servant, as may be appropriate, of the Central Board, and all persons so transferred shall, for so long as they remain in the employment of the Central Board, be members of the transferred staff of the Central Board and are in this Act referred to as the “Central Board's transferred staff”.

(2) (a) Subject to subsection (3) of this section, a member of the Central Board's transferred staff shall not, while in the service of the Central Board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which, immediately before his transfer by virtue of this section, he was subject in the service from which he was so transferred.

(b) A member of a regional board's staff who transfers from the service of that board to the service of the Central Board and who immediately before such transfer was a member of the regional board's transferred staff shall not, while in the service of the Central Board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of the regional board immediately before his transfer.

(c) Until such time as a staff scheme applicable to a particular member of the Central Board's transferred staff and approved of by the Minister under section 32 of this Act comes into operation, the conditions of service, restrictions, requirements and obligations to which the member was subject immediately before his transfer to the service of the Central Board shall continue to apply to him and may be exercised or imposed by the Central Board or its chief officer, as may be appropriate, while he is in the service of the Central Board.

(3) (a) The Central Board may, subject to subsection (2) of this section and section 31 (1) of this Act and following consultation with any recognised staff associations or trade unions concerned—

(i) redistribute or rearrange the duties to be performed by members of the Central Board's transferred staff or persons to whom subsection (2) (b) of this section applies who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allotted to him in any such redistribution or rearrangement,

(ii) require any such member or person to transfer, in such manner as is specified by the Central Board, to the service of a regional board so specified, and every such member or person shall be bound to transfer in accordance with the requirement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be a removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

30 Transfer of staff to regional boards etc.

30.—(1) Every person who, immediately before the appointed day, was in the whole-time employment either of a board of conservators or of a person appointed under section 51 of the Principal Act shall, on such day, be transferred to and become an officer or servant, as may be appropriate, of such regional board as the Minister shall determine, and all persons so transferred to a particular regional board shall be members of the transferred staff of that regional board and in relation to that board are in this Act referred to as “the regional board's transferred staff”.

(2) A person employed by a regional board who is a member of the regional board's transferred staff shall not, while in the service of the regional board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject, immediately before being transferred by virtue of this section, in the service from which he was so transferred.

(3) A member of a regional board's staff who, having been in the employment of the Central Board transfers (whether in pursuance of a requirement under section 29 (3) of this Act or otherwise) from the service of the Central Board to the service of a regional board and who immediately before the said transfer was a member of the Central Board's transferred staff shall not, while in the service of the regional board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of the Central Board immediately before his transfer.

(4) (a) A regional board may, subject to subsection (2) of this section and following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the board's transferred staff or persons to whom subsection (3) of this section applies who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

(c) Until such time as a staff scheme applicable to a particular member of a regional board's transferred staff and approved of by the Minister under section 32 of this Act comes into operation, the conditions of service, restrictions, requirements and obligations to which the member was subject immediately before his transfer to the service of the regional board shall continue to apply to him and may be exercised or imposed by the regional board or its chief officer, as may be appropriate, while he is in the service of the regional board.

31 Superannuation of transferred staff.

31.—(1) A member of the Central Board's transferred staff or a person to whom section 29 (2) (b) of this Act applies shall not, while in the service of the Central Board, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions (if any) which applied to him immediately before his transfer to the service of the Central Board.

(2) A person transferred by virtue of section 29 of this Act or a person to whom section 30 of this Act applies shall not, while in the service of the regional board to which he is so transferred, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions (if any) which applied to him immediately before being so transferred.

32 Staff schemes.

32.—(1) As soon as conveniently may be after the commencement of this section, the Central Board shall, subject to sections 29 and 30 of this Act and following consultation with each of the regional boards and with any recognised staff associations or trade unions concerned, prepare and submit to the Minister a staff scheme or schemes providing for—

(a) the regulation, control and management of—

(i) the staff of the Central Board,

(ii) the staffs of the regional boards,

(b) the smooth interchange of staff as between any two of the aforesaid boards,

and indicating in respect of the different grades of staff (either generally or severally, as may be appropriate) the remuneration, tenure of office, qualifications for appointment and conditions of service.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be implemented by the board or boards to which it relates in accordance with its terms.

(3) The Central Board may, after consultation with each of the regional boards and with any recognised staff associations or trade unions concerned, at any time, with the approval of the Minister given with the concurrence of the Minister for the Public Service, amend a scheme under this section.

33 Staff superannuation generally.

33.—(1) The Central Board shall, subject to section 31 of this Act, prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, such whole-time employees of—

(a) the Central Board,

(b) any regional board,

as the Central Board shall think fit; provided that a scheme under this section which relates to the staff of a regional board shall be so submitted by the Central Board only after consultation with that board and provided also that the Central Board shall, as soon as conveniently may be after the commencement of this section, prepare and submit such scheme or schemes under this section as is or are necessary to provide for the granting in accordance therewith of such allowances to or in respect of each person employed for the time being in a whole-time capacity by any regional board.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be implemented by the board or boards to which it relates in accordance with its terms.

(3) The Central Board may at any time, with the approval of the Minister given with the concurrence of the Minister for the Public Service, amend a scheme under this section; provided that in case such a scheme relates to any regional board the scheme shall only be amended under this subsection after consultation with the regional board or, as may be appropriate, each of the regional boards, concerned.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him subject to the agreement of the Minister for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by the Central Board or a regional board to or in respect of a member of its staff to whom a scheme under this section applies, nor shall any other arrangements be entered into by any such board for the provision of such pension, gratuity, allowance or other payment on the resignation, retirement or death of such a member of its staff, otherwise than in accordance with the scheme.

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

CHAPTER V Dissolution of Boards of Conservators and Inland Fisheries Trust

34 Boards of conservators dissolved and certain appointments terminated.

34.—(1) Each of the boards of conservators established by section 21 of the Principal Act and which was in existence immediately before the commencement of this section is hereby dissolved.

(2) Any appointment under section 51 of the Principal Act which was in force immediately before the commencement of this section is hereby terminated.

(3) Nothing in this section shall be construed as affecting the validity of any licence or certificate in force immediately before the commencement of this section.

(4) Any reference to a board of conservators in any enactment apart from the Fisheries Acts, 1959 to 1980, shall be construed as a reference to a regional board.

(5) This section shall come into force on the appointed day.

35 Dissolution of Trust and transfer of its property, etc.

35.—(1) The Trust shall, on the appointed day, become dissolved by virtue of this section.

(2) All property, whether real or personal (including choses-in-action), which immediately before the appointed day was vested in or belonged to or was held in trust or subject to conditions for the Trust and all rights, powers and privileges relating to or connected with any such property, shall on the appointed day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board.

(3) All property transferred by this section which immediately before the appointed day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Trust shall, upon the request of the Central Board made at any time on or after the appointed day, be transferred in those books by the bank, corporation or company into the name of the Central Board.

(4) Every chose-in-action transferred by this section may, on or after the appointed day, be sued upon, recovered, or enforced by the Central Board in its own name and it shall not be necessary for the Central Board to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(5) Every debt and other liability (including any unliquidated liability arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by the Trust shall, on the appointed day, become and be the debt or liability of the Central Board and shall be paid or discharged by and may be recovered from and enforced against the Central Board accordingly.

(6) Every contract which was entered into and is in force immediately before the appointed day between the Trust and any person shall continue in force on and after the appointed day, but it shall be construed and have effect as if the Central Board were substituted therein for the Trust and shall be enforceable by or against the Central Board accordingly.

(7) Where, immediately before the appointed day, any legal proceedings are pending to which the Trust is a party, the name of the Central Board shall be substituted for that of the Trust and the proceedings shall not abate by reason of such substitution.

(8) The dissolution of the Trust by this section shall not invalidate or affect any payable order or cheque issued by the Trust and not presented for payment before the appointed day, or any authority given by the Trust for the payment of the amount of any payable order or cheque and the Central Board shall make arrangements for the payment of the amount of every such order or cheque upon due presentation within a reasonable time after such day.

(9) Notwithstanding subsection (1) of this section each of the following, namely, the Inland Fisheries Trust Staff Superannuation Scheme, dated the 4th day of July, 1966, the Widows' and Children's Contributory Pensions Scheme for Permanent Officers of the Inland Fisheries Trust Incorporated, dated the 18th day of November, 1974, and the Inland Fisheries Trust Incorporated (Regular Wages Staff) Superannuation Scheme, 1975, shall continue in force, and, subject to section 31 of this Act, may be revoked or amended by the Central Board as if it had been made under section 33 of this Act.

36 Saver regarding certain rights of ordinary subscribing members of Trust.

36.—Nothing in this Act shall be construed as terminating or otherwise affecting any right to fish enjoyed by any person immediately before the dissolution of the Trust by virtue of the fact that he was then an ordinary subscribing member of the Trust, and such person shall be entitled to continue to enjoy and to exercise such right for the remainder of the period, but no longer, to which, but for such dissolution, the last annual subscription paid by him to the Trust would have related.

PART III Acquisition and Transfer of Fisheries etc.

37 Acquisition of fisheries, etc.

37.—(1) Where on an application made to him by the Central Board the Minister is satisfied—

(a) that, for the purpose of enabling a development programme prepared by either the Central Board or a regional board 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 programme, expedient that the fishery should be acquired under this section,

he may, with the consent of the Minister for Finance, authorise such acquisition by the Central Board.

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

(b) Paragraph (a) of this subsection shall be construed as enabling the Central Board 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 the Central Board 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 a 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 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 by this paragraph without first affording to the person on whom, pursuant to Article (1) (c) (i) of the Fifth Schedule to this Act, notice has been served an opportunity of stating why the power should not be exercised.

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

(5) Where it is proposed that a fishery be acquired under this section by the Central Board 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) of this section may, not later than thirty 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) of this section may, not later than thirty 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 considers appropriate.

(7) Nothing in this section shall be construed as prohibiting or restricting the acquisition from the Minister by the Central Board, on such terms and conditions as may be agreed, of any fishery owned by the Minister.

(8) Nothing in this section shall authorise the Central Board to acquire compulsorily—

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

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