Fisheries (Consolidation) Act, 1959
|
Provisions in relation to publication and deposit of bye-laws, etc., and appeal against bye-laws, etc. |
11.—(1) The following provisions shall apply in relation to any instrument to which this section applies :— | |
(a) notwithstanding any appeal which may be pending, but without prejudice to any order which may be made on such appeal, such instrument shall come into operation on the day specified in that behalf therein, or, if no such day is so specified, on the twenty-eighth day after the day on which it is made; | ||
(b) such instrument shall, as soon as may be after it is made, be published in the Iris Oifigiúil and in one or more newspapers circulating in the district affected thereby; | ||
(c) a copy of such instrument shall, within one month after it comes into operation, be deposited— | ||
(i) with the county registrar for every county or county borough which or part of which is affected thereby, and | ||
(ii) with the District Court Clerk of every Court District which or part of which is affected thereby, and | ||
(iii) in every station of the Garda Síochána within the area affected thereby; | ||
(d) any person aggrieved by such instrument may, within twenty-eight days after the publication in the Iris Oifigiúil, appeal against such instrument to the High Court, and the following provisions shall apply in relation to any such appeal— | ||
(i) the appeal may be heard by one or more judges of the High Court as may be convenient, | ||
(ii) the High Court may on the appeal confirm or annul such instrument, but if such instrument is annulled such annulment shall be without prejudice to the validity of anything done under or in pursuance of such instrument before such annulment, | ||
(iii) the decision of the High Court on the appeal shall be final and conclusive, | ||
(iv) the order made by the High Court on such appeal shall be published in like manner as such instrument is required by paragraph (b) of this subsection to be published and shall be deposited in like manner as such instrument is required by paragraph (c) of this subsection to be deposited. | ||
(2) This section applies to any instrument being— | ||
(a) a bye-law made under this Act, or | ||
(b) an order made under section 10 , or | ||
(c) a licence granted under section 245 or 281 , or | ||
(d) an order made under section 251 , 256 , 266 or 275 . |