Fisheries Act, 1939

Vesting orders.

65.—(1) Not less than two months before the end of the transition period in respect of a transferable fishery the Minister shall, unless he has already made in respect of such fishery an order under sub-section (2) of this section, make an order (in this Part of this Act referred to as an ordinary vesting order) vesting as on and from the day next following the expiration of such transition period such fishery in the Minister.

(2) The Minister may, with the consent of the owner of a transferable fishery to which this sub-section applies, and whether an appointed day has or has not been fixed in relation to the fishery district in which such fishery is situate, make an order (in this Part of this Act referred to as a special vesting order) vesting as on and from a day specified in such order such fishery in the Minister.

This sub-section applies to every transferable fishery in respect of which the person who was the owner thereof on the 1st day of January, 1933, or the successor in title of such person has not, in each fishery year between the said 1st day of January, 1933, and the 31st day of December, 1938, used such fishery,

(3) An order made under this section in relation to any transferable fishery shall state therein the nature and the area and situation of such fishery and shall have attached thereto a map showing the area and situation of such fishery.

(4) An order made under this section in relation to a transferable fishery shall operate to transfer to the Minister, as on and from the date specified therein in that behalf, such fishery in fee simple free from incumbrances and from all estates and interests therein, except, in case an angling rights (reservation) order has been made in relation to such fishery, the angling rights reserved thereby, and such first mentioned order shall be conclusive evidence as to the nature and the area of such fishery as stated therein.

(5) Whenever the Minister makes an order under this section in relation to any fishery, he shall cause notice of the making of such order to be published in the Iris Oifigiúil and shall serve on the owner of such fishery a copy of such notice.