Fisheries (Amendment) Act, 1949

FIRST SCHEDULE.

Enactments repealed and amended.

Section 4 (1).

PART I.

Enactments repealed in part as from the commencement of Part II of this Act.

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 32 of 1925

The Fisheries Act, 1925

Section 15 .

No. 23 of 1941

The Local Government Act, 1941 .

Sections 69 , 70 and 71 , in so far as those sections apply, by virtue of subsection (5) of section 68 of the Local Government Act, 1946 (No. 24 of 1946) to boards of conservators, under the Fisheries Acts, 1842 to 1944; section 86, in so far as that section applies, by virtue of section 68 of the Local Government Act, 1946 , to the audit of the accounts of a board of conservators under the Fisheries Acts, 1842 to 1944.

No. 24 of 1946

The Local Government Act, 1946 .

Subsection (5) of section 68 ; in subsection (7) of section 68 , the reference to a board of conservators under the Fisheries Acts, 1842 to 1944.

PART II.

Enactments wholly repealed as from the passing of this Act.

Section 4 (2).

Number and Year

Short Title

(1)

(2)

No. 34 of 1935.

The Fisheries Act, 1935 .

No. 35 of 1937.

The Fisheries Act, 1937 .

PART III.

Enactments repealed in part or amended as from the commencement of Part IV of this Act.

Section 4 (3).

Session and Chapter or No. and Year

Short Title

How Affected.

(1)

(2)

(3)

5 & 6 Vic., c. 106.

The Fisheries (Ireland) Act, 1842.

Section 103 shall be repealed.

11 & 12 Vic., c. 92.

The Fisheries (Ireland) Act, 1848.

In section 22, the words “and sold or otherwise disposed of as the justice or justices shall deem fit” shall be repealed.

26 & 27 Vic., c. 114.

The Salmon Fishery (Ireland) Act, 1863.

In section 18, the words “the justice may order the boat, cot, or curragh so used to be forfeited” shall be substituted for the words “the boat, cot or curragh so used may be seized and forfeited.”

32 & 33 Vic., c. 92.

The Fisheries (Ireland) Act, 1869.

Section 19 shall be repealed.

No. 53 of 1933.

The Sea Fisheries Protection Act, 1933 .

In subsection (4) of section 3 , the words “and in either case the court may also forfeit any fish found on such boat and any fishing gear thereon” shall be deleted and the following words substituted “and (whether the offence is a first offence or not) the court shall, in case any person on board such boat had fished or attempted to fish while such boat was within such exclusive fishery limits, and may, in any other case, order any fish and fishing gear found on such boat to be forfeited.”

In section 4 , the following subsection shall be substituted for subsection (3)—

“(3) Where a person is convicted of an offence under this section, any fishing gear by means of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”

Section 14 shall be repealed.

No. 24 of 1934.

The Fisheries (Tidal Waters) Act, 1934 .

In subsection (3) of section 7 , the words “and either (as the court may direct) destroyed or sold, and if sold the proceeds arising from such sale shall be disposed of in the like manner as fines imposed in respect of offences under this Act” shall be repealed.

No. 33 of 1937.

The Sea Fisheries (Protection of Immature Fish) Act, 1937 .

In section 3 , the following subsection shall be substituted for subsection (4)—

“(4) Where a person is convicted of an offence under this section, any net by means of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”

In section 4 , the following subsection shall be substituted for subsection (3)—

“(3) Where a person is convicted of an offence under this section, any device by means of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”

Section 10 shall be repealed.