Fisheries (Consolidation) Act, 1959

Fishery rates on leased fisheries.

61.—(1) Whenever the Minister grants a lease of a fishery under Part XII, he may, if he so thinks fit, cause to be inserted in such lease a covenant by the Minister to the following effect, namely, that, if the amount paid by the lessee as fishery rate in respect of such fishery for any fishery year falling within the term granted by such lease exceeds the appointed amount, the Minister will pay to the lessee a sum equal to the excess.

(2) In this section the expression “the appointed amount” means, in relation to a fishery which is the subject of a lease under Part XII, the sum of the following:—

(a) the amount (hereinafter referred to as the standard amount) payable by the occupier as fishery rate or by the Minister in lieu of fishery rate in respect of such fishery for the fishery year current at the date on which such lease is granted or, if the fishery rate for that fishery year for the fishery district in which such fishery is situate has not been made before the said date, the immediately preceding fishery year, and

(b) one-twentieth of the standard amount.

(3) Where—

(a) a judgment of a competent court has been obtained by a board of conservators against the lessee of a fishery, the subject of a lease under Part XII, for any fishery rate due in respect of such fishery, and

(b) the Minister is satisfied that such lessee has no goods which could be taken in execution under any process of such court,

the following provisions shall have effect:—

(i) the Minister may, if he so thinks fit, pay to such board of conservators a sum not exceeding the amount of such fishery rate and any costs and expenses incurred by such board of conservators in relation to the obtaining and attempted enforcement of such judgment,

(ii) any sum so paid shall be a debt due by such lessee to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.