Fisheries Act, 1980

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Number 1 of 1980


FISHERIES ACT, 1980


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Appointed day.

4.

Fishery year.

5.

Orders.

6.

Repeals.

PART II

Central Fisheries Board and Regional Fisheries Boards

CHAPTER I

Central Fisheries Board

7.

Central Fisheries Board.

8.

Functions of Central Board.

9.

Transfer of certain properties of boards of conservators to Central Board.

CHAPTER II

Fisheries Regions and Regional Boards

10.

Fisheries regions and regional boards.

11.

Functions of and other provisions relating to regional boards.

12.

Election of members of regional boards.

13.

Electorate for election of elected members of regional boards.

14.

Qualification for elected members of regional boards.

15.

Postponement of elections of members of regional boards.

16.

Failure to elect elected members of regional board.

17.

Disqualification of member of regional board by non-attendance at meetings.

Chapter III

Fishery Improvement

18.

Powers of Central Board and regional boards in relation to improvement of fisheries.

Chapter IV

Miscellaneous Provisions Relating to Central Board and Regional Boards

Division I

Reports, Finance, etc.

19.

Annual reports and information to Minister.

20.

Estimates.

21.

Grants to Central Board and regional boards.

22.

Accounts and audits.

23.

Borrowings.

Division II

Removal of Members

24.

Removal of members of Central Board or a regional board.

Division III

Staff

25.

Staffs of Central Board and regional boards.

26.

Instruments of appointment for purposes of Part XVIII of Principal Act.

27.

Certain offices etc. to be filled through Local Appointments Commission.

28.

First appointment of chief officer of Central Board or regional board.

29.

Transfer of staff to Central Board, etc.

30.

Transfer of staff to regional boards, etc.

31.

Superannuation of transferred staff.

32.

Staff schemes.

33.

Staff superannuation generally.

Chapter V

Dissolution of Boards of Conservators and Inland Fisheries Trust

34.

Boards of conservators dissolved and certain appointments terminated.

35.

Dissolution of Trust and transfer of its property, etc.

36.

Saver regarding certain rights of ordinary subscribing members of Trust.

PART III

Acquisition and Transfer of Fisheries, etc.

37.

Acquisition of fisheries, etc.

38.

Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries.

39.

Right of way (acquisition).

40.

Transfer of fisheries to Minister or Central Board by Commissioners.

41.

Transfer of fisheries to Minister or Central Board by Irish Land Commission.

42.

Transfer of certain fisheries to Central Board by Minister.

43.

Compensation.

44.

Arbitrator.

45.

Sale by Minister of certain fisheries, fishing rights and businesses.

PART IV

Legal Proceedings, Penalties, etc.

46.

Certain offences may be tried on indictment.

47.

Jurisdiction.

48.

Proof that boat is foreign sea-fishing boat.

49.

Trial of offences.

50.

Alteration of certain penalties under Principal Act or Act of 1962.

51.

Forfeiture of licences and consequential disqualification orders.

52.

Payment of certain fines as compensation; delivery of oysters or other fish.

53.

Power of authorised officer to take boat to port, etc.

PART V

Aquaculture and Salmon Levy

54.

Aquaculture.

55.

Salmon levy.

PART VI

Miscellaneous

56.

Prohibition of sale of certain fish.

57.

Prohibition of sale of certain nets or netting.

58.

Register of Trout, Coarse Fish and Sea Anglers.

59.

Certain rights to fish given to former life members of Trust and to persons on Register of Trout, Coarse Fish and Sea Anglers.

60.

Powers of Minister in operating a fishery.

61.

Liability of Minister or Central Board for damage by flooding.

62.

Section 12 of Finance Act, 1895, restricted.

63.

Amendment of section 15 of Principal Act.

64.

Amendment of section 20 of Principal Act.

65.

Amendment of section 50 of Principal Act.

66.

Amendment of section 65 of Principal Act.

67.

Amendment of section 67 of Principal Act.

68.

Amendment of Chapter III of Part VI of Principal Act.

69.

Amendment of sections 159 and 160 of Principal Act, section 42 of Finance Act, 1925, and section 12 of Finance Act, 1940.

70.

Amendment of Part XIV of Principal Act.

71.

Amendment of section 297 of Principal Act.

72.

Amendment of section 312 of Principal Act.

73.

Amendment of section 19 of Act of 1962.

74.

Amendment of section 59 of Foyle Fisheries Act, 1952.

75.

Amendment of sections 2 and 19 of Fisheries (Amendment) Act, 1978.

76.

Section 278 of Principal Act, in so far as it applies to Moville Area, and section 10 (1) of Foyle Fisheries (Amendment) Act, 1961, saved.

FIRST SCHEDULE

Repeals

SECOND SCHEDULE

PART I

Central Fisheries Board

PART II

Regional Fisheries Boards

PART III

Interpretation (Second Schedule)

THIRD SCHEDULE

Properties Transferred to the Central Board by Section 9

FOURTH SCHEDULE

Amendment of Enactments

FIFTH SCHEDULE

Provisions Referred to in Sections 37, 38 and 39

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Number 1 of 1980


FISHERIES ACT, 1980


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE CENTRAL FISHERIES BOARD AND TO DEFINE ITS FUNCTIONS, TO ENABLE REGIONAL FISHERIES BOARDS TO BE ESTABLISHED AND TO DEFINE THEIR FUNCTIONS, TO DISSOLVE IONTAOBHAS IASCAIGH INTÍRE IONCORPORTHA (THE INLAND FISHERIES TRUST INCORPORATED) AND CERTAIN BOARDS OF CONSERVATORS ESTABLISHED BY THE FISHERIES (CONSOLIDATION) ACT, 1959 , TO AMEND SECTION 59 OF THE FOYLE FISHERIES ACT, 1952 , TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING AND OTHERWISE TO AMEND AND EXTEND THE FISHERIES ACTS, 1959 TO 1978. [18th March, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: