Inland Fisheries Act 2010

(h) the imposition of prohibitions or restrictions of an emergency character on the taking by any specified engine or engines of the several species of fish or of any of those species for a specified period not exceeding one year in duration where, in the opinion of the Minister, such prohibitions or restrictions are necessary, and

(i) any other matter or thing relating in any manner to the government and protection of those fisheries or that fishery district.

(2) A person who contravenes or fails to comply with a bye-law made under this section (other than a bye-law referred to in subsection (4)) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) Any fish illegally taken by a person or in his or her possession at the time of an offence referred to in subsection (2) and also any fishing engine or thing by means or in respect of which the offence is committed, as a statutory consequence of conviction, stands forfeited.

(4) A person who contravenes a bye-law made under this section which—

(a) prohibits the use, or attempt to use either generally or in a manner specified in the bye-law in fishing for salmon or trout, any drift net, or 2 or more drift nets joined together, or any drift net, or 2 or more drift nets so joined, which is of a specified class or description,

(b) prohibits the having on board any boat, either generally or in an area which is specified in the bye-law, any such drift net or nets,

(c) prohibits the use, or attempt to use, in fishing for salmon or trout, any net made wholly or partly from monofilament or multistrand monofilament, or

(d) prohibits the having on board any boat, or the possession for the capture of fish on any quay, on or near any bank of a river or estuary, or on or near any sea coast or at sea, any net mounted or otherwise prepared for use in fishing and made wholly or partly of monofilament or multistrand monofilament, or of monofilament or multistrand monofilament with a mesh greater than a size specified in the bye-law,

commits an offence and is liable—

(i) on summary conviction to a fine not exceeding €2,000, or

(ii) on conviction on indictment to a fine not exceeding €10,000,

and fish illegally taken by him or her or in his or her possession at the time of the offence and also any fishing engine or thing by means or in respect of which the offence is committed, as a statutory consequence of conviction, stands forfeited.

(5) A bye-law made under this section—

(a) comes into operation on the day specified in it or, if no such day is specified, on the 28th day after the day on which it is made, and

(b) shall be published as soon as may be after its making—

(i) in the Iris Oifigiúil, and a notice advising of the making of the bye-law and its contents shall be published in one or more newspapers circulating in the district affected by the bye-law, and

(ii) on the website (if any) on the internet maintained by IFI.

(6) A copy of the bye-law shall, within one month after it comes into operation, be forwarded, in such manner as the Minister decides, to—

(a) the county registrar for every county which or part of which is affected by the bye-law,

(b) the District Court Clerk of every Court District which or part of which is affected by the bye-law, and

(c) every station of the Garda Síochána within the area affected.

(7) (a) Any person aggrieved by a bye-law under this section may, within 28 days after its publication in the Iris Oifigiúil, appeal to the High Court against the making of the bye-law. Any appeal does not effect the operation of the bye-law pending the outcome of the appeal.

(b) The judge hearing the appeal may confirm or annul the bye-law but if the bye-law is annulled, the annulment shall be without prejudice to the validity of anything done under or in pursuance of the bye-law before its annulment.

(c) The decision of the High Court on the appeal shall be final and conclusive.

(d) An order made by the High Court on an appeal under paragraph (a) shall be published and deposited in the manner prescribed by subsections (5) and (6).

(8) Notwithstanding anything contained in the Principal Act, the Minister may, if he or she thinks fit—

(a) make a bye-law, without previously having held an inquiry into the feasibility of making the bye-law, under any provision of the Principal Act empowering him or her to make a bye-law, and

(b) make a bye-law, without an application having been made to the Minister to have an inquiry held into the feasibility of making the bye-law—

(i) altering the period which is in any locality the annual close season for salmon and trout, the annual close season for angling for salmon, the annual close season for angling for trout, the annual close season for pollen, the annual close season for eels, or the close season for oysters, or

(ii) under section 272 of the Principal Act.

(9) Any bye-law made under section 9 (repealed by section 4) of the Principal Act which is in force immediately before the establishment day continues in force as if made under this section.

Chapter 2

58.. Fishery year.

58.— (1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31 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) adapt, modify or otherwise amend the provision in such manner as he or she considers 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.

Chapter 3

59.. Powers of IFI in relation to improvement of fisheries.

59.— (1) Subject to this section, for the purpose of improving any fishery (whether or not the fishery is the property of IFI) IFI 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, and

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

provided that IFI shall only exercise a power under paragraphs (e) or (f) 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, IFI 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 IFI to the Minister to determine, whose decision, after consultation with the Minister for the Environment, Heritage and Local Government or such other Minister of the Government as he or she considers appropriate, shall be final.

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

(b) Where, on an application made to him or her by IFI, the Minister is satisfied that the owner of a several fishery or other thing cannot by diligent inquiry be found or ascertained, he or she 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) 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 or her own motion or on the application of any other person.

(3) Subject to section 65, IFI, or its servants or agents or any contractor employed by IFI or any person employed by such contractor may, with or without vehicles, machinery or other apparatus (including boats or other vessels) or equipment, for the purposes 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 IFI, or

(b) gaining access to a fishery (whether or not the fishery is the property of IFI) in order to inspect or maintain it,

enter on land at any reasonable time.

(4) (a) Subject to subsections (1)(b) and (c) and to section 65, IFI may for any purpose mentioned in subsection (3) construct on or over any land a bridge, road or pathway of any description, and when constructed by IFI, use and maintain such bridge, road or pathway.

(b) Before exercising a power to construct under this subsection, IFI 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 IFI 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 Commissioners or a public authority, before exercising any of its powers in relation to the provision of the bridge, road or pathway, IFI 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 Commissioners, the Office of Public Works, or

(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 on it all things ancillary to or reasonably necessary for the purpose for which the entry is made.

(6) A person authorised under section 20(12) to exercise a power mentioned in subsection (1) shall be furnished by IFI with a certificate of such authorisation and when doing anything under 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 dwelling, nor except where there is through the garden or curtilage of a dwelling 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 modifying or otherwise affecting the application of any requirement under the Planning and Development Acts 2000 to 2006.

Chapter 4

60.. Acquisition of fisheries, etc.

60.— (1) Where on an application made to him or her by IFI the Minister is satisfied that—

(a) for the purpose of enabling a corporate plan prepared by IFI 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 plan, expedient that the fishery should be acquired under this section,

the Minister may, with the consent of the Minister for Finance and in accordance with such guidelines and procedures, if any, as the Minister, with the approval of the Minister for Finance, specifies, authorise such acquisition by IFI.

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

(b) Paragraph (a) shall be construed as enabling IFI 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 IFI 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 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 or she 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 or her by this paragraph without first affording to the person on whom, under paragraph 1(c)(i) of Schedule 5, notice has been served an opportunity of stating why the power should not be exercised.

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

(5) Where it is proposed that a fishery be acquired under this section by IFI 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) may, not later than 30 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) may, not later than 30 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 or she considers appropriate.

(7) Nothing in this section shall be construed as prohibiting or restricting the acquisition from the Minister by IFI, on such terms as may be agreed and in accordance with any directions or guidelines given or issued by the Minister, of any fishery in the possession or occupation of the Minister.

(8) Nothing in this section shall authorise IFI to acquire compulsorily—

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

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

(9) Nothing in this section shall authorise IFI to acquire (either compulsorily or by agreement) save with the consent of the Minister for Agriculture, Fisheries and Food, any land which is subject to a land purchase annuity or any right over, in, under or in respect of such land.

(10) Where a fishery is acquired by IFI under this section, then, notwithstanding the existence in relation to the fishery of any public right to fish, IFI shall have power to prohibit or control the taking of fish from the fishery.

(11) The provisions contained in Schedule 5 shall, as the context requires, apply in relation to any or all of the following, namely, an application to the Minister under subsection (1), an authorisation or order under this section, an application for such an order, or a decision by the Minister or an appeal to the Arbitrator under this section.

61.. Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries.

61.— (1) Where the bed and soil of any portion of a river or lake contiguous to a fishery to which this section applies, is not in the same ownership as such fishery, the Minister may, if to him or her it appears necessary or expedient for the maintenance, operation, improvement or development of such fishery, by order transfer to—

(a) in case such bed and soil is contiguous to a fishery owned by the Minister, the Minister, or

(b) in case such bed and soil is contiguous to a fishery acquired by IFI under section 60, IFI,

so much of such bed and soil, not exceeding 50 yards (45.72 metres) either above or below, or 50 yards (45.72 metres) above and 50 yards (45.72 metres) below, such fishery, as the Minister shall specify in the order.

(2) An order under this section shall be expressed and operate to transfer to the Minister or IFI, as the case may be, as on and from the date specified therein in that behalf the bed and soil of the portion of the river or lake to which the order relates, in fee simple, free from encumbrances and from all estates and interests therein (except such angling right, if any, as may be reserved by the order).

(3) Section 60(6)(b) and paragraphs 4, 5, 8 and 9 of Schedule 5 apply, with the necessary modifications, to an order under this section.

(4) Nothing in this section shall enable IFI to acquire compulsorily any land vested in the State.

(5) Where the Minister makes an order under this section he or she shall cause a copy of such order to be served on the owner of the bed and soil of the river or lake to which such order relates.

(6) This section applies to a fishery which is either owned by the Minister or acquired by IFI under section 60 and which, in either case, is a weir (freshwater) fishery.

(7) In this section, “weir (freshwater) fishery” means a fishery for salmon, trout or eels carried on in freshwater by means of a fishing weir, and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery.

62.. Right of way (acquisition).

62.— (1) IFI may apply to the Minister for an order under this section effecting the compulsory acquisition of a right of way (“required right of way”) by a particular route over any land.

(2) Every application for an order under this section shall indicate, by reference to a plan sent with the application, the right of way sought to be acquired.

(3) Where an application for an order under this section is made, subject to subsection (4), the following provisions shall apply, namely:

(a) the Minister, after considering the application—

(i) if he or she is satisfied that the right of way sought is either required to enable IFI to perform a function assigned to it under this Act or is necessary to enable fishermen to gain access to fishing waters for the purpose of lawfully fishing and, in either case, that, in the circumstances of the case, to make an order under this section would be reasonable, may make an order creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement, or

(ii) refuse the application,

(b) if the Minister makes an order under this section, the occupier or the owner of the proposed servient tenement may, within the period of 2 months beginning on 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—

(i) if he or she is so satisfied, confirm the order, or confirm the order but alter the route over the proposed servient tenement of the right of way thereby created, or

(ii) if he or she is not so satisfied, revoke the order,

(c) if the Minister refuses to make an order under this section, IFI may, within the period of 2 months beginning on the date of such refusal, serve on the Minister a notice of appeal to the Arbitrator against such refusal, and the Arbitrator may, on such appeal—

(i) confirm the refusal, or

(ii) if he or she is so satisfied, make an order under this section creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement,

(d) if the Minister makes an order under this section creating a right of way other than the required right of way, IFI may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, in so far as it creates a right of way other than the required right of way, and the Arbitrator may, on such appeal—

(i) confirm the order as made by the Minister, or

(ii) vary such order by substituting a right of way over the proposed servient tenement different from that specified in the order.

(4) Where an application is made under this section, neither the Minister nor the Arbitrator shall exercise the power conferred on him or her to create or substitute a right of way different from that indicated in accordance with subsection (2) without first affording to the person on whom, under paragraph 1(c)(i) of Schedule 5, notice has been served an opportunity of stating why the power should not be exercised.

(5) The provisions contained in Schedule 5 shall, as the context requires, apply in relation to either an order under this section or an application for such an order.

63.. Transfer of fisheries to Minister or IFI by Commissioners.

63.— (1) The Commissioners may by order under their seal transfer to the Minister or, with the consent of the Minister, to IFI, on such terms and conditions as, with the consent of the Minister for Finance, shall be agreed between the Commissioners and the Minister, all the estate and interest of the Commissioners in any fishery or fishing right which is in the possession or occupation of the Commissioners and also any land, way-leave, water-right, right of access or other easement or other right which is in the possession or occupation of the Commissioners and is ancillary to any such fishery or fishing right so transferred.

(2) An order made under this section shall operate to vest in the Minister or IFI, as may be appropriate, without any further or other conveyance, all the estate and interest of the Commissioners in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access and other easements or other rights purported to be transferred to the Minister or IFI by the order.

64.. Transfer of certain fisheries to IFI.

64.— (1) The Minister may, with the consent of the Minister for Finance, by order, transfer to IFI any fishery or fishing right—

(a) subject to the agreement of the Minister for Agriculture, Fisheries and Food, acquired by or vested in that Minister under the Forestry Acts 1919 and 1928, or the Forestry Acts 1946 to 1988, or so vested by virtue of the Forestry (Re-distribution of Public Services) Order 1933 (S.R. & O., No. 158 of 1933),

(b) transferred to the Minister under section 63, or

(c) otherwise acquired by the Minister.

(2) An order under subsection (1) shall operate to vest in IFI, without any further or other conveyance, all the estate and interest of the Minister in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access or other easements or rights, purported to be transferred to IFI by such order.

65.. Compensation.

65.— (1) Subject to subsection (3), the exercise of any power under sections 59, 60, 61 or 62 shall be subject to payment of compensation in respect of—

(a) any estate or interest in any fishery, or any other estate or interest in land, acquired under or by virtue of this Act,

(b) any easement or other right in, over, under or in respect of land or any estate or interest in an easement or such another right, so acquired, or

(c) any diminution, by reason of the exercise of the power, in the value of any easement or other right in, over, under or in respect of land, or any other estate or interest in any land or in any easement or such right,

and the compensation, together with any interest payable on it by virtue of subsection (2), shall be paid by—

(i) in case the power is exercised under section 60, IFI, and

(ii) in any other case, the person in whose favour the power is exercised.

(2) (a) Subject to paragraph (b), where compensation is payable to a person under this section in respect of the exercise of a power under this Act, there shall be paid in accordance with subsection (1) interest on the amount of the compensation payable to the person, at such rate as shall be determined from time to time for the purposes of this section by the Minister for Finance, from the date on which the power is exercised until the payment of such compensation.

(b) If—

(i) the person by whom compensation under this section is payable makes an unconditional offer in writing of any sum as compensation to the person to whom the compensation is payable,

(ii) the offer is not accepted by the person to whom it is made, and

(iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered,

no interest shall be payable on such compensation.

(3) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919, in like manner in all respects as if such claim arose in relation to compulsory acquisition of land, and for this purpose IFI shall be deemed to be a planning authority and a public authority within the meaning of that Act.

(4) The following provisions shall have effect in relation to the fixing of the compensation payable under this section in respect of a fishery to which an authorisation under section 60 relates, namely, IFI or the official arbitrator, as may be appropriate, may have regard to the following—

(a) the current market value of the fishery,

(b) evidence of profitability of the fishery by reference to both—

(i) profits for a period ending prior to such authorisation, and

(ii) a profit forecast regarding the fishery which is—

(I) related to a period equal in length to the period referred to in subparagraph (i) but beginning on a day which is subsequent to such authorisation, and

(II) estimated both on a reasonable basis and on the assumption that the fishery continued to be used by the occupier and had not been so acquired.

(5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act 1845, shall apply to any compensation payable under this section, and for the purposes of such application IFI shall be deemed to be the promoter of the undertaking.

(6) A claim for compensation under this section shall be brought within—

(a) in case the person entitled to the compensation is a minor or a person of unsound mind, a period of 6 years from the date when such person ceases to be under such disability or dies, whichever event first occurs, but not more than 30 years after the exercise of the relevant power under this Act, or

(b) in any other case, a period of 6 years from the date of the exercise of such power.

(7) Subject to subsection (6), compensation under this section may be paid to the personal representatives of a person entitled to it.

(8) In this section “official arbitrator” means the official arbitrator under the Acquisition of Land (Assessment of Compensation) Act 1919.

66.. Arbitrator.

66.— (1) A person appointed under this section by the Minister is in this Act, other than section 65, referred to as the “Arbitrator”.

(2) In case the Minister receives a notice of appeal under section 60 or 62, or by virtue of section 61(3), he or she shall as soon as may be appoint a person, who shall be a barrister of not less than 7 years’ standing, to hear the appeal (which person is hereby authorised to determine the appeal).

(3) In case the Minister proposes to amend an order made under section 60, 61 or 62, he or she shall as soon as may be appoint a person, who shall be a barrister described in subsection (2), to perform the functions assigned to the Arbitrator by paragraphs (a), (d), (e), (f) and (g) of section 67 (1).

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

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

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

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

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

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

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

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

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

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

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

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

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

68.. Sale by Minister of certain fisheries, fishing rights and businesses.

68.— (1) The Minister may, with the consent of the Minister for Finance, sell (otherwise than to IFI) any fishery or fishing right vested in him or her, whether under section 63 or otherwise, and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a fishery) carried on by him or her at such price as he or she may with the concurrence of the Minister for Finance think proper.

(2) Any monies received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(3) The Minister shall, as soon as practicable, notify the Joint Oireachtas Committee of the details of any sale completed in accordance with subsection (1).

Chapter 5

69.. Management of wild salmon and sea trout.

69.— (1) The Minister may, after consultation with IFI, make regulations to provide for a scheme for the management, development and conservation of stocks of wild salmon and sea trout and in particular provide for the gathering of information by the tagging of such fish.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for all or any of the following—

(a) the manner, type, size and colour of tags which are to be affixed to wild salmon and sea trout,

(b) the information to be contained on such tags,

(c) the issue and distribution by persons of tags and log books to persons fishing for wild salmon or sea trout,

(d) matters relating to the sale, display, import, export and transhipment of wild salmon and sea trout or farmed salmon,

(e) log books to be kept and the manner of their keeping by persons fishing for wild salmon or sea trout,

(f) records to be kept by persons selling or dealing in salmon,

(g) registers to be kept by persons providing such tags or log books,

(h) the inspection by authorised officers of such tags, log books, registers and records,

(i) the furnishing of such information on tags, log books, registers and records as may be requested by an authorised officer,

(j) fees to be charged in respect of the issue of any such tag or log book, and

(k) information in relation to any scheme under this section to be provided by IFI to the Minister.

(3) The powers conferred by subsection (1) are in addition to and not in substitution for the powers conferred by section 57.

(4) For the purpose of enforcing any regulations made under this section, an authorised officer may—

(a) stop and question any person who has or is suspected of having in his or her possession any tag or log book issued, or record kept, under regulations made under this section or any salmon or sea trout and request the production of and examine such tag, log book, record or salmon or sea trout and search any person whom he or she has reason to believe has contravened any regulations made under this section,

(b) at all reasonable times, enter and search any place or premises or boat or vehicle in which the officer believes there is any tag or log book issued, or a register maintained, or record kept, under regulations made under this section or any salmon or sea trout and there examine any such tag, log book, register, record, salmon or sea trout and take copies of or extracts from any log book, register or record, found in it,

(c) where he or she finds any wild salmon or sea trout which has not been tagged in accordance with regulations made under this section, the officer may in accordance with such regulations tag the fish or remove any tags affixed to it which do not comply with such regulations or require the person found in possession of the fish or in charge of the place, premises, boat or vehicle where it is found to tag, or cause it to be tagged, in accordance with such regulations or to remove or cause to be removed any tags affixed to it which do not comply with any such regulations,

(d) take, remove and detain in his or her custody any tag, log book, register or record found in the course of the exercise of any of the powers conferred by this section in respect of which a contravention of any regulation made under this section is being or is suspected of having been committed, and

(e) request and take the name and address of the person having custody of any tag, log book, register, record, salmon or sea trout which the officer is authorised under this section to examine.

(5) A person who obstructs or interferes with, or fails to comply with a requirement of, an authorised officer in exercise of any power conferred on the officer under this section or refuses to give his or her name and address when required under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,500.

(6) (a) Subject to paragraph (b), a person (other than an authorised officer or officer of IFI) who contravenes or fails to comply with any regulation made under this section and which is stated to be a penal offence commits an offence and is liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding €1,000,

(ii) in the case of a second or subsequent offence, other than an offence referred to in subparagraph (iii), to a fine not exceeding €1,500, and

(iii) in the case of a third or subsequent offence which is the third or subsequent offence in any period of 12 consecutive months, to a fine not exceeding €2,000.

(b) Paragraph (a) does not apply to an authorised agent (within the meaning of section 70(1) of the Principal Act) in respect of any requirement under any regulation made under this section to issue tags or logbooks.

(7) (a) A person shall not affix a tag to any wild salmon or sea trout, which he or she knows, or in the circumstances ought to know, has been unlawfully caught.

(b) A person shall not forge or fraudulently alter, or cause to have forged or fraudulently altered, any tag, logbook or document.

(c) A person shall not have in his or her possession any tag, logbook or document which he or she knows, or in the circumstances ought to know, has been forged or fraudulently altered.

(d) A person shall not give false information to obtain any tag, logbook or document.

(e) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months, or both.

(8) Where the Minister proposes to make regulations under this section (other than any regulation altering the commencement of any regulations made under this section), the following provisions shall have effect—

(a) the Minister shall publish notice of his or her proposal at least once in such newspaper or newspapers published and circulating in the State as he or she may specify,

(b) the notice shall include a statement of the purposes for which the regulations are proposed to be made and an intimation that a copy of the draft regulations is open for public inspection at a place specified in the notice and that any person may submit to the Minister objections to the draft regulations at any time during the period of 30 days commencing on the day of the first publication of the notice,

(c) the Minister shall, during that period of 30 days, keep a copy of the draft regulations open for public inspection at the place aforesaid,

(d) any person who objects to the draft regulations may submit his or her objection to the Minister in writing at any time during that period of 30 days and the Minister shall consider the objections, and

(e) on the expiration of that period of 30 days, the Minister shall, as he or she may think proper, refrain from making the regulations or make the regulations either without modifications or with such modifications therein as he or she may think proper.

(9) Where the Minister considers that any regulations he or she proposes to make under this section, which amend, revoke or replace regulations which, for the time being, are in force and made under section 24 of the Act of 1999 or this section, do not substantially affect the policy contained in the regulations being amended, revoked or replaced and are necessary administrative changes required as a result of the establishment of IFI or any technical amendments or correction of errors, the Minister need not comply with any of the requirements of subsection (8).

(10) In this Chapter—

“authorised officer” means a person who is an authorised officer (within the meaning of paragraphs (b) (inserted by paragraph 1(vv) of the Fourth Schedule to the Act of 1980) and (c) of section 301 of the Principal Act);

“sea trout” means a wild sea trout Salmo trutta;

“wild salmon” means wild Atlantic salmon Salmo salar.

(11) A reference in this section to a tag, logbook or document is a reference to a tag, logbook or document provided for in regulations made under this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 6

71.. Prohibition of sale of certain fish.

71.— (1) The Minister may by order prohibit the sale and offering for sale at any time during a prescribed period in any year (“annual period”) of any fish which—

(a) is of a species specified in the order, or

(b) is—

(i) caught by rod and line, and

(ii) of a species so specified.

(2) An order under this section may—

(a) apply throughout the State or in a particular area or in particular areas of the State and so specified, and

(b) specify a particular annual period in relation to the whole of the State or specify different such periods in relation to different such areas.

(3) An order under this section shall apply to any fish—

(a) in case the order is made under subsection (1)(a), of the species specified in the order, and

(b) in case the order is made under subsection (1)(b), caught by rod and line and of a species specified in the order.

(4) In case an order under this section is for the time being in force, a person shall not sell or offer for sale any fish to which the order applies—

(a) in case the order applies throughout the State or to a particular area or to particular areas of the State and specifies only one annual period, at any place in either the State, such area or any such area, as may be appropriate, at any time during that period, and

(b) in case the order specifies different annual periods in relation to different areas of the State, at any place in such an area at any time during the annual period so specified in relation to the area.

(5) A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence is committed.

72.. Prohibition of sale of certain nets or netting.

72.— (1) The Minister may by order prohibit the sale of nets or netting of a prescribed class or description.

(2) A person who sells a net or netting in contravention of an order under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

(3) Where in any proceedings for an offence under this section—

(a) the defendant proves—

(i) that prior to the sale to which the alleged offence relates he or she had given to the Minister notice in writing of his or her intention to sell nets or netting of the relevant prescribed class or description,

(ii) that prior to such sale he or she had made of the purchaser inquiries as to the purposes for which the relevant net or netting was to be used, and

(iii) that he or she had kept a record in the manner directed under subsection (4) by the Minister of the result of his or her inquiries,

(b) the defendant produces to the court such record, and, in case the defendant was requested by or on behalf of the Minister so to do, he or she proves that within a reasonable time he or she produced to an officer of the Minister such record and allowed such officer to inspect it, and

(c) the court is satisfied—

(i) that the inquiries were made in good faith, and

(ii) that in the circumstances of the case it would have been reasonable for the defendant, having regard to the results of the inquiries, to have believed that such net or netting was not to be used for or in relation to fishing,

he or she shall be acquitted of the offence.

(4) In case the Minister receives a notification in writing by a person of his or her intention to sell a net or netting of a class or description specified in an order under this section, the Minister shall as soon as may be give to the person directions as to the manner in which a record of the results of inquiries made by him or her for the purposes of subsection (3) is to be kept.

Chapter 7

73.. Register of sea anglers.

73.— (1) IFI shall establish and maintain a register to be known as the Register of Sea Anglers (“register”).

(2) (a) On payment of the appropriate annual subscription to IFI a person shall be registered in accordance with paragraph (b) in the register.

(b) On receipt of an application for registration in the register, accompanied by the appropriate annual subscription, IFI shall register the applicant as a sea angler.

(c) Where on 31 December in any year a person, other than a person entitled under subsection (4), is registered in a register he or she shall be entitled to remain so registered for the duration of the next following year if, but only if, before the day in that next following year which is the day for the time being fixed by the Minister under subsection (5) he or she pays to IFI the appropriate annual subscription.

(d) Where in any year a person who on the last preceding 31 December was registered in a register fails before the day in that year which is the day so fixed for the time being to pay the appropriate annual subscription, IFI shall immediately remove his or her name from the register.

(3) Any person other than a sea angler who is registered in a register by virtue of subsection (4) (being so registered before 1 January 1988) may at any time by an application in writing to IFI apply to IFI to re-register him or her as a sea angler and, on duly receiving an application under this subsection, IFI shall re-register him or her in the register maintained by it with effect from the day the application was received by it.

(4) (a) A person who immediately before the dissolution thereof was a life member of the Trust shall on application to IFI, and on making a declaration in a form approved of for the purposes of this subsection by the Minister, be registered by IFI in the register maintained by IFI.

(b) A person who is registered in a register under paragraph (a) may apply in writing to have his or her name removed from the register and on receipt of such an application IFI shall allow the application.

(c) Subsections (2)(a) and (b) apply to applications under this subsection as they apply to applications under that subsection but subject to the following modification, namely, the requirements of those paragraphs relating to annual subscriptions shall be disregarded.

(5) The Minister may by order fix a day or days for the purposes of subsection (2) and any such day may be so fixed in relation to—

(a) one or more particular years, or

(b) a particular year and the subsequent year thereafter, or

(c) any year.

(6) (a) References in this section to the appropriate annual subscription are references to an annual subscription of such amount as shall be fixed for the time being for the purposes of this section by the Minister, with the consent of the Minister for Finance.

(b) In this section “registered” means registered in the register.

(c) In this section and in section 81 “life member of the Trust” includes any person who the council of the Trust, under the Articles of Association of the Trust, distinguished as a donor member.

(7) The information contained in a register kept by a regional board in accordance with section 58 of the Act of 1980 and section 20 of the Act of 1987 shall on the establishment day be transferred to the new register established under this section by IFI.

Chapter 8

74.. Issue by IFI of licences for fishing of specified class or description.

74.— (1) The Minister may by order provide for the issue by IFI, 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.

(2) 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—

(a) 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

(b) any such licence shall for the said purposes be regarded as being an ordinary fishing licence.

(3) In case an order under this section is for the time being in force, the powers conferred by the order on IFI shall be in addition to and not in substitution for the powers conferred on IFI by section 7 (11).

(4) Duties payable as regards licences issued under this section shall be paid to IFI.

(5) In this Act “fishing licence”, when used without qualification, includes a licence issued under an order under this section.

PART 4 Legal Proceedings, Penalties, etc.

75.. Certain offences to be tried on indictment.

75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.

(2) A person who commits an offence under section 29 of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both.

(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.

76.. Jurisdiction.

76.— (1) Proceedings for any offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57(4) may be taken in any District Court District, and in case such proceedings are taken and apart from this section the judge of the District Court before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such judge of the District Court is assigned.

(2) Where a person is sent forward for trial on indictment by the Circuit Court for an offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57(4) and apart from this subsection a judge of that court would, as regards the proceedings, not have power to exercise the jurisdiction vested in that court by section 25(1) of the Courts (Supplemental Provisions) Act 1961 then for the purpose of enabling that judge to exercise such jurisdiction the offence may be treated as having been committed in the circuit to which such judge is assigned.

77.. Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.

77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.

(2) (a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both and that section shall be read and have effect accordingly.

(b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly.

(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both.

(d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.

(3) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part 2 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.

(4) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1994 specified in column (2) of Part 3 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.

(5) Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.

(6) Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.

(7) Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence, as a statutory consequence of conviction, stands forfeited.

(8) This section has effect in respect of offences committed after the establishment day.

TABLE

PART 1

F8[PART 2

PART 3

78.. Forfeiture of licences and consequential disqualification orders.

78.— (1) (a) Where—

(i) a person is convicted of any offence under the Principal Act, other than an offence described in subsection (3), and

(ii) such person is the holder of a fishing licence or licences or an oyster fishing licence or licences,

the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited.

(b) Where a licence is directed to be forfeited under this subsection, such licence shall immediately cease to be in force.

(2) (a) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of the Principal Act, the court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the court may specify.

(b) Where a declaration is made under this subsection, the declaration shall operate to disqualify the person to whom it relates for holding a licence of the kind specified in the declaration, and notwithstanding anything contained in the Principal Act a licence of that kind shall not be issued to such person in respect of the period specified in the declaration.

(3) (a) This subsection applies to the following offences, namely—

(i) an offence under section 65, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 140, 145, 146, 176, 182, 285A (inserted by section 24 of the Act of 1962) or 301 of the Principal Act,

(ii) an offence under section 29 of the Act of 1962,

(iii) an offence under any bye-law described in section 57 (4),

(iv) an offence under section 69(7)(a), (b), (c) or (d), and

(v) an offence under section 69(6), in respect of a contravention of or a failure to comply with a regulation made under that section which is a contravention of or a failure to comply with the regulation declared by the Minister by regulations to be an offence to which this subsection applies.

(b) Where a person is convicted of an offence which is both an offence to which this subsection applies and a second or any subsequent such offence which is the second or subsequent such offence in any period of 12 consecutive months, the court by whom such person is convicted shall make an order (“a consequential disqualification order”) declaring him or her to be disqualified for holding an ordinary fishing licence in respect of any scheduled engine mentioned in Part II of the Fourth Schedule to the Principal Act, and such order shall operate so as to disqualify the person to whom it relates during the period of 3 years commencing on the date on which the order is made.

(4) Subject to subsection (5), in every case in which an appeal may be brought in respect of a conviction of an offence to which subsection (3) applies, jurisdiction to make, confirm or annul a consequential disqualification order is hereby conferred on the appellate court.

(5) A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was made is reversed.

79.. Payment of certain fines as compensation — delivery of oysters or other fish.

79.— (1) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under section 253 or 265 of the Principal Act for which a person was convicted, it may, at its discretion, on the application (made before the time of such imposition, affirmation or variation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered loss or damage resulting, wholly or partly, from the offence, provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the loss or damage to the person making the application.

(b) An application shall not lie under paragraph (a) in respect of any loss or damage if proceedings claiming damages for the loss or damage have been instituted in any court.

(2) If a person is convicted of an offence under section 253 of the Principal Act by reason of his or her having taken away oysters or other fish from an oyster bed or other place, if the oysters (or any of them) or the other fish in respect of which the offence was committed have or has not then been sold, they or it, as may be appropriate, as a statutory consequence of conviction, stand forfeited, and the court may direct their or its delivery to the owner or occupier of the oyster bed or other place from which they or it were or was taken or the person to whom the relevant licence was granted or who is entitled to the benefit of such licence.

(3) Where under this section the whole or part of a fine is paid to a person and the person is awarded damages by a court in respect of the loss or damage to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment.

80.. Fixed charge notice.

80.— (1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence—

(a) under a provision of the Principal Act mentioned in column (2) of Part 1 of Schedule 6 or such other provision of the Principal Act as may be prescribed,

(b) against such bye-laws made or deemed to have been made under section 57 as may be prescribed, or

(c) in relation to the contravention of bye-laws made or deemed to have been made under section 57 of a type described in column (2) of Part 2 of Schedule 6 or of such type as may be prescribed,

he or she may serve the person with a fixed charge notice in the prescribed form stating that—

(i) the person is alleged to have committed the offence,

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

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

(2) Where a fixed charge notice is given under subsection (1)—

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

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

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

(3) In a prosecution for an offence referred to in subsection (1)the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) The Minister may by regulations prescribe the amount of a fixed charge and may prescribe different amounts in relation to—

(a) different offences,

(b) offences involving different species of fish, or the use of different fishing engines or different methods of angling, and

(c) offences committed in different areas.

(5) In this section “authorised officer” means a person who is an authorised officer (within the meaning of paragraphs (b) (inserted by paragraph 1(vv) of the Fourth Schedule to the Act of 1980) and (c) of section 301(1) of the Principal Act).

80A.. F10[Summary proceedings .

80A.Summary proceedings may be brought and prosecuted by IFI for an offence under the following Acts:

(a) the Principal Act;

(b) the Act of 1962;

(c) the Act of 1994;

(d) this Act.]

PART 5 Miscellaneous

81.. Certain rights to fish given to former life members of Trust.

81.— (1) A person who immediately before the dissolution of the Trust under the Act of 1980 was a life member of the Trust shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted to fish in accordance with law for trout or coarse fish in the waters of any fishery owned or occupied by IFI.

(2) (a) An order under section 60, 63 or 64 may provide that subsection (1) shall not apply in relation to the fishery acquired or transferred by the order, or, in case 2 or more fisheries are so transferred, shall apply in relation to no such fishery, or, as may be so provided, applies only to such of those fisheries as the order specifies.

(b) The Minister may by order provide that subsection (1) does not apply in relation to a fishery acquired by IFI by agreement under section 60 and specified in the order.

(3) In case a fishery is by an order, either made under this section or described in subsection (2)(a), excluded from the application of subsection (1), this section shall be construed and have effect subject to the terms of the order.

82.. Powers of Minister in operating a fishery.

82.— (1) The Minister may, for the purpose of operating a fishery owned by him or her, do all such things as he or she may consider necessary for carrying on such fishery as a commercial undertaking and which he or she could do if he or she were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following—

(a) buy and sell fish anywhere,

(b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish,

(c) carry on any business which is ancillary or incidental to the operation of such fishery,

(d) enter into contracts,

(e) employ such and so many persons as he or she thinks fit, and

(f) purchase fishing licences.

(2) The remuneration of all persons employed in connection with the operation by the Minister of any fishery owned by him or her shall be determined with the consent of the Minister for Finance.

(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or appointed by the Minister under this section.

83.. Liability of Minister or IFI for damage by flooding.

83.— No claim lies against the Minister or IFI for flooding or other consequential damage due to the continued existence of any structure (including a fishing weir or a fishing mill dam which, on the date of vesting in or acquisition by the Minister or IFI of a fishery, formed part of or existed in such fishery) unless the Minister or IFI, as may be appropriate, shall have increased the height of such structure or shall have closed any openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.