S.I. No. 105/1949 - River Foyle (Special Local Licence Duty) (Method of Payment) Order, 1949.


S.I. No. 105 of 1949.

RIVER FOYLE (SPECIAL LOCAL LICENCE DUTY) (METHOD OF PAYMENT) ORDER, 1949.

WHEREAS it is enacted by subsection (1) of section 54 of the Fisheries Act, 1939 (No. 17 of 1939), that where a board of conservators is authorised by order of the Minister for Agriculture under the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), to issue special local licences to use, in particular tidal waters to which the said last-mentioned Act applies situate in their district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the said Minister may, whenever and so often as he thinks fit, by order do the following things, that is to say :—

(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order ;

(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof ;

(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof ;

(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence) that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof :

AND WHEREAS by virtue of the River Foyle (Tidal Waters) Order, 1949 ( S.I. No. 103 of 1949 ), the said Fisheries (Tidal Waters) Act, 1934 , applies to the tidal waters of the River Foyle, and the said tidal waters are situate within the No. 142 or Moville District :

AND WHEREAS by virtue of the River Foyle (Special Local Licences) Order, 1949 ( S.I. No. 104 of 1949 ), the board of conservators of the No. 142 or Moville District is authorised to issue special local licences to use in the said tidal waters draft nets :

NOW, THEREFORE, I, JAMES M. DILLON, Minister for Agriculture, in exercise of the power conferred upon me by sub-section (1) of section 54 of the Fisheries Act, 1939 (No. 17 of 1939), and of every and any other power me in this behalf enabling, hereby order as follows :—

1. (1) This Order may be cited as the River Foyle (Special Local Licence Duty) (Method of Payment) Order, 1949.

(2) This Order shall come into operation on the 25th day of April, 1949.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

the expression " the Board " means the board of conservators of the No. 142 or Moville District ;

the expression " special local licence " means a special local licence to use in the tidal waters of the River Foyle as defined in the River Foyle (Tidal Waters) Order, 1949 ( S.I. No. 103 of 1949 ) a draft net for the taking of salmon or trout.

4. Each of the following periods in each year shall be an issue period for the purposes of this Order, that is to say :—

(a) the period (in this Order referred to as the first issue period) commencing on the 15th day of April and ending on the 14th day of May ;

(b) the period (in this Order referred to as the second issue period) commencing on the 15th day of May and ending on the 25th day of May ;

(c) the period (in this Order referred to as the third issue period) commencing on the 15th day of May and ending on the 5th day of June.

5. The Board may issue during the first issue period in any year a special local licence on payment of one-fourth of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid in three equal instalments, whereof the first shall be paid not later than the 25th day of May in such year, the second not later than the 5th day of June in such year, and the third not later than the 17th day of June in such year.

6. The Board may issue during the second issue period in any year a special local licence on payment of one-half of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid in two equal instalments, whereof the first shall be paid not later than the 5th day of June in such year and the second not later than the 17th day of June in such year.

7. The Board may issue during the third issue period in any year a special local licence on payment of three-fourths of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid not later than the 17th day of June in such year.

GIVEN under my Official Seal this 14th day of April, 1949.

(Signed) JAMES M. DILLON,

Minister for Agriculture.