Land Act, 1929
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Amendment of Land Act, 1923, in respect of fisheries and fishing rights. |
3.—(1) In the construction and application of section 45 of the Land Act, 1923 (No. 42 of 1923), the expression “fisheries appurtenant to the said lands” contained in sub-section (1) of that section shall mean and include and be deemed always to have meant and included all fisheries and fishing rights which are situate in or exercisable in respect of rivers or waters adjoining or intersecting lands mentioned in the said section and were, immediately before the vesting of such lands in the Land Commission, vested in the vendor of such lands or in a person having an estate in such lands superior to the estate of such vendor and no other fisheries or fishing rights whatsoever, and the said section shall be construed and have effect and (subject to the provisions of this Act) be deemed always to have had effect accordingly. | |
(2) If any question shall arise as to whether any fishery or fishing right has or has not vested before the passing of this Act in the Land Commission under section 45 of the Land Act, 1923 , as amended by this section, such question shall be determined by the Land Commissioners other than the Judicial Commissioner with a right of appeal to the Judicial Commissioner. | ||
(3) If, on the determination of any such question as is mentioned in the foregoing sub-section, it appears to the Land Commissioners or, on appeal to him, to the Judicial Commissioner that the fishery or fishing right to which such question relates has vested in the Land Commission but that it is not equitable or is not advisable that such fishery or fishing right should have so vested, it shall be lawful for the Land Commissioners or, on appeal to him, the Judicial Commissioner to declare that such fishery or fishing right has not vested in the Land Commission, and upon such declaration being so made such fishery or fishing right shall, notwithstanding anything contained in section 45 of the Act of 1923 or in this section, be deemed not to have vested in the Land Commission. |