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Amendment of section 34 of the Act of 1939.
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21.—(1) (a) The Minister may, if he thinks fit, grant to the occupier of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels, an authorisation (in this section referred to as an eel fishery authorisation) to use such fishing engine for the capture of eels.
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(b) The Minister may attach to an eel fishery authorisation such conditions (including a condition limiting the period during which the authorisation is to remain in force) as he thinks fit.
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(c) The Minister, if he so thinks fit, may amend an eel fishery authorisation within ten years from the date on which the authorisation was granted.
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(d) The Minister may revoke an eel fishery authorisation—
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(i) if the holder thereof is convicted of an offence under the Acts or this Act or any instrument made thereunder, or
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(ii) if he is satisfied that there has been a breach of any condition attached to the authorisation.
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(2) The following provisions shall apply in relation to the amendment or revocation of an eel fishery authorisation under this section—
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(a) the Minister shall not amend or revoke the authorisation unless and until he has given by post to the holder thereof at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the authorisation,
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(b) the notice shall also state—
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(i) in case it states that the Minister has under consideration the amendment of the authorisation—the specific amendment under consideration and the grounds on which it is so under consideration, or
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(ii) in case it states that the Minister has under consideration the revocation of the authorisation—the grounds on which such revocation is so under consideration,
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(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the holder of the authorisation before the expiration of the notice.
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(3) Nothing in section 34 of the Act of 1939 shall apply to the use of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) in respect of which there is for the time being in force, an eel fishery authorisation, so long as it is used in accordance with such authorisation.
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