Land Act, 1929

Further provisions in respect of fisheries and fishing rights.

4.—(1) Whenever after the passing of this Act, any lands to which a fishery or fishing right is appurtenant within the meaning of section 45 of the Land Act, 1923 (No. 42 of 1923), as amended by this Act shall vest in the Land Commission, the Land Commissioners other than the Judicial Commissioner shall, as soon as may be after such vesting but subject to a right of appeal to the Judicial Commissioner, by order declare whether such fishery or fishing right did or did not vest with such lands in the Land Commission and thereupon, notwithstanding anything contained in the said section 45 or this Act, such fishery or fishing right shall vest or not vest (as the case may require) in the Land Commission in accordance with such order of the Land Commissioners or, where the case so requires, of the Judicial Commissioner on appeal to him.

(2) When making an order or deciding an appeal under the foregoing sub-section the Land Commissioners or the Judicial Commissioner (as the case may be) shall declare that the fishery or fishing right the subject of such order or appeal did vest in the Land Commission unless they or he are of opinion having regard to all the circumstances of the case that it is not equitable or is not advisable that such fishery or fishing right should so vest.