Fisheries (Tidal Waters) Act, 1934

Tidal waters to which this Act applies.

2.—(1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that this Act applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right, but in respect of which either—

(a) it was, after the 1st day of January, 1933 (whether before or after the passing of this Act) judicially determined in a court of competent jurisdiction that no several or exclusive fishery existed in such tidal waters, or

(b) the person who on the 1st day of January, 1933, exercised as of right the said several or exclusive fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters.

(2) Every order made by the Minister under this section shall specify and define the tidal waters to which it purports to apply this Act and shall be final and conclusive as to the area of application of this Act notwithstanding any discrepancy between the extent of the tidal waters as defined in such order and the extent of the tidal waters in which a several or exclusive fishery was previously enjoyed.

(3) Every order made under the foregoing provisions of this section shall, so long as such order remains unrevoked and subject to any amendment thereof under the subsequent provisions of this section, operate to apply and put in force this Act in the tidal waters specified and defined in such order.

(4) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made by him under this section, including, as respects amendment, an order made under this sub-section.