Fisheries (Amendment) Act, 1953
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Use of draft nets in certain cases. |
2.—(1) Where— | |
(a) application is made to the Minister to permit the use of draft nets for the capture of trout in a specified lake exceeding thirty square miles in area, and | ||
(b) the applicant furnishes the Minister with the consent in writing of every owner of a several fishery in the lake, and, | ||
(c) the applicant satisfies the Minister that within twenty years before the 1st day of January, 1948, nets were used as of right in the lake for the capture of trout by members of the public who depended on such netting as a means of livelihood, | ||
the Minister, if he thinks fit, may make bye-laws permitting the use of draft nets for such capture, subject to such conditions as he thinks proper. | ||
(2) Where bye-laws under this section are for the time being in force in relation to waters vested in the Electricity Supply Board, nothing in any enactment shall be construed as prohibiting the Board from permitting the use of draft nets in such waters in accordance with the bye-laws. | ||
(3) Sections 35 and 36 of the Fisheries Act, 1939 (No. 17 of 1939), shall not apply in relation to nets to which bye-laws under this section for the time being apply. | ||
(4) Subsections (2) to (5) of section 28 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by section 10 of the Courts of Justice Act, 1936 (No. 48 of 1936), and section 7 of the Fisheries (Statute Law Revision) Act, 1949 (No. 27 of 1949), shall apply in respect of every bye-law under this section. |