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Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.
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69.—(1) Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, or eels, in respect of which no ordinary licence duty has been fixed under this section by the board of conservators for such fishery district, such person may apply in accordance with this section, to the said board of conservators to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application the said board of conservators may, with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines.
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(2) Every application under this section in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.
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(3) Where the board of conservators for a fishery district fixes, under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in that fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty.
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(4) Where the board of conservators for a fishery district fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in that fishery district a non-scheduled engine, the following provisions shall have effect:—
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(a) the applicant or any other person aggrieved by the amount of the licence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county registrar for the county or county borough wherein the said engine is proposed to be used, and to the said board of conservators notice of intention to do so, appeal against the said amount,
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(b) the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough,
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(c) the said Judge, after hearing the appellant and the said board of conservators, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,
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(d) the decision on the said appeal shall relate back to the date on which such duty was fixed by the said board of conservators and accordingly—
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(i) if the amount of such duty is reduced on the said appeal, the excess paid shall be refunded by the said board of conservators,
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(ii) if the amount of such duty is increased on the said appeal, the payment already made shall operate by way of discharge pro tanto.
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(5) If any person (other than the Minister) uses in any fishery district any non-scheduled engine, without previously having complied with subsections (1) and (2) of this section and without having deposited with the board of conservators of such fishery district such sum as the board may demand on account of the licence duty thereafter to be fixed in respect of such engine, then such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than five pounds and, in the case of a continuing offence, a further fine of not less than fifty pounds for each day on which such person has so used such engine.
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