Fisheries Act, 1980

CHAPTER II

Fisheries Regions and Regional Boards

Fisheries regions and regional boards.

10.—(1) (a) Subject to paragraph (b) of this subsection and to compliance with the requirement of subsection (2) of this section, the Minister may by order create, either by union, sub-division or otherwise, such regions (each of which is in this Act referred to as a “fisheries region”) as appear to him to be appropriate having regard to the purposes of this Act and such order shall specify the name of each fisheries region so created.

(b) An order under this section, other than the order referred to in subsection (2) of this section, shall not be made by the Minister without the consent of the Minister for the Public Service.

(2) As soon as may be after the passing of this Act an order shall be made by the Minister under subsection (1) of this section creating seven, and only seven, fisheries regions in the State and such order shall be the first order to be made under this section and shall come into force on the appointed day.

(3) Where an order is made under this section, there shall, by virtue of the order, be established in relation to any fisheries region created by the order a board (in this Act referred to as a “regional board”) and such board shall be known as “The_________ Regional Fisheries Board” (the name of the fisheries region being inserted) and shall perform as regards the fisheries region in relation to which it is established the functions assigned to a regional board by this Act.

(4) (a) A regional board shall be comprised of such number of members as shall be specified in the order establishing the relevant fisheries region and of whom—

(i) such number as shall be so specified shall be elected in pursuance of section 12 of this Act of whom such member or members (if any) as may be so specified shall be elected by a class or by such classes of electorate as may be so specified, and

(ii) subject to subsections (5) and (6) of this section, such number as shall be so specified shall be appointed by the Minister after such consultation as he considers appropriate.

(b) (i) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, every elected member of a regional board shall, unless he sooner resigns or becomes disqualified, hold office from the day next following the date of his election until midnight on the day on which the result of the next election for elected members of the board held in pursuance of section 12 of this Act is declared.

(ii) The term of office of a member of a regional board appointed under this subsection shall be fixed by the Minister at the time when the appointment is made and, subject to the said subsection (11) (b), section 24 and Article 11, shall be for a period not exceeding five years.

(c) A member of a regional board appointed or co-opted under subsection (4) or (5) of this section or Article 5 of Part II of the Second Schedule to this Act shall be eligible for nomination as a candidate and for election at an election held under this Act.

(5) (a) Notwithstanding anything otherwise contained in this Act, as soon as may be after the making of an order under subsection (1) of this section, subject to subsection (6) of this section, the Minister, after such consultation as he considers appropriate, shall as regards the regional board, or as may be appropriate, each of the regional boards, established by the order appoint such number of persons to be members of the board as shall be specified in the order.

(b) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, a person appointed to membership of a regional board under paragraph (a) of this subsection shall hold office during the period beginning on the date of his appointment and ending on the day immediately preceding the day on which the term of office of the members first elected under this Act to membership of the board commences.

(6) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall not be eligible for appointment under this section by the Minister to membership of a regional board.

(7) The provisions contained in Part II of the Second Schedule to this Act shall apply to a regional board and for the purpose of applying the said provisions in relation to a particular regional board any reference in the said Schedule to “the Board” shall be construed as a reference to that particular regional board.

(8) Whenever the Minister by an order under this section creates a fisheries region he shall by reference to a map specified in the order appoint the boundaries of such fisheries region.

(9) (a) A fisheries region may include any of the following waters, namely, any waters situate in an area which immediately before the commencement of the order referred to in subsection (2) of this section comprised a fishery district and any other waters which are—

(i) in any area of the sea to which the internal or inland waters of the State extend by virtue of section 5 of the Maritime Jurisdiction Act, 1959 ,

(ii) in the portion of the sea which lies between the baseline for the purposes of the said Act and the line every point of which is on the seaward side and at a distance of twelve nautical miles from the nearest point of that baseline.

(b) The Minister may by order substitute for the reference to twelve nautical miles in paragraph (a) (ii) of this subsection a reference to a number of nautical miles specified in the order.

(c) In case an order under paragraph (b) of this subsection is for the time being in force, paragraph (a) (ii) of this subsection shall be construed and have effect as if for the reference therein to twelve nautical miles there were substituted a reference to the number of nautical miles specified in the order.

(d) Where waters are included in a fisheries region created under this section and by reason of the making or revocation of an order under this subsection such waters cease to be waters described in subparagraph (ii) of subsection (9) (a) of this section, then for so long as the aforesaid waters continue to be waters other than those so described the order creating the fisheries region shall have effect subject to the following modifications, namely, the waters so included shall be accordingly regarded as not being within the fisheries region and the relevant map prepared by the Minister in pursuance of subsection (8) of this section shall be regarded as having been modified to the extent necessary to place the waters so included outside the boundaries appointed by the order.

(10) The Minister may by order alter the boundaries of a fisheries region and an order under this subsection shall, by reference to a map specified in the order, indicate the boundaries of the relevant fisheries region or regions as altered by the order.

(11) (a) The Minister may by order alter the number of members of which a regional board is to be comprised, and in case the Minister makes such an order, the order shall specify the number of members of the regional board who are to be appointed by the Minister and the number of such members who are to be elected under this Act.

(b) In case the Minister makes an order under subsection (1) of this section, he may by the order reduce the number of members of any regional board other than that established by the order, and notwithstanding subsection (4) (b) (i) of this section such an order may provide for the termination in a specified manner of the term of office of specified members (whether elected or appointed) of such other regional board.

(12) (a) The Minister shall cause to be prepared maps showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fisheries regions in existence for the time being.

(b) Paragraphs (b) to (e) of section 19 (3) of the Principal Act shall apply in relation to maps prepared under this subsection as they apply to maps prepared under that section and for the purposes of the foregoing each of the references in those paragraphs to the official maps shall be construed as including a reference to a map prepared under this subsection.

(13) The following provisions shall apply in relation to an order under this section creating a fisheries region (whether by union, subdivision or otherwise):

(a) the Minister may by the order provide that—

(i) all or any specified part of the property (other than property referred to in section 9 (1) of this Act), whether real or personal (including any right to recover any rate and any other chose-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for—

(A) a board of conservators dissolved under section 34 of this Act and specified in the order, or

(B) a person who by virtue of the said section 34 ceases to be appointed under section 51 of the Principal Act, and is so specified, or

(C) a regional board for a fisheries region affected by the order and so specified,

and that all rights, powers and privileges relating to or connected with any such property, shall on such commencement, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) such regional board as is specified in the order,

(ii) every or any specified contract which was entered into and is in force immediately before the commencement of the order between such a board of conservators, person so appointed or regional board and any other person shall continue in force on and after such commencement, but shall be construed and have effect as if the board established by virtue of the order were substituted therein for the board or the person so appointed by whom the contract was entered into and that accordingly such contract shall be enforceable by or against the board so established,

(iii) every or any specified debt or other liability (including any unliquidated liability arising from torts or breaches of contract but excluding any liability transferred to the Central Board by virtue of section 9 (3) of this Act), which immediately before such commencement is owing and unpaid or has been incurred and is undischarged by such a board of conservators, person so appointed or regional board shall, on such commencement, become and be the debt or liability of the board established by virtue of the order and shall be paid or discharged by and may be recovered from and enforced against such board accordingly,

(iv) in case property transferred by the order was immediately before such commencement standing in the books of any bank or was registered in the books of any bank, corporation or company, such property shall, upon a request of the board established by virtue of the order being made any time after such commencement, be transferred by such bank, corporation or company into the name of such board,

(v) after such commencement any chose-in-action transferred by the order may be sued upon, recovered or enforced by the board so established in its own name and that it shall not be necessary for such board to give notice to the person bound by such chose-in-action of the transfer effected by the order,

(vi) where immediately before such commencement there are pending—

(A) in case the order is that referred to in subsection (2) of this section, any legal proceedings instituted by virtue of section 309 of the Principal Act by an officer or employee of such a board of conservators or person so appointed, or any other legal proceedings instituted by a person on behalf of, or instituted against a person on behalf of, such a board or a person so appointed,

(B) in the case of any other order under this section, any legal proceedings to which a regional board affected by the order is a party,

the name of the board so established shall be substituted for that of such board of conservators, person so appointed or regional board (as the case may require) and the proceedings shall not abate by reason of such substitution,

(vii) the making of the order shall not invalidate or affect any payable order or cheque or any authority given for the payment of the amount of any payable order or cheque, and that a regional board specified in the order shall make arrangements for the payment of the amount of orders and cheques which are of a class or description so specified upon due presentation within a reasonable time after the establishment of such board,

(b) the Minister may by the order modify a provision of this Act so far, but only so far, as is necessary for carrying the order into effect.

(14) In case the Minister by an order under this section creates a fisheries region by the union of two or more fisheries regions, each of the regional boards for the fisheries regions so united shall on the commencement of the order stand dissolved.

(15) Whenever the Minister makes an order under this section the following provisions shall apply, namely—

(a) he shall, as soon as may be, (in addition to causing notice of the making of the order to be published in the Iris Oifigiúil) cause such a notice to be published in one or more of the newspapers circulating in any fisheries region created by the order or to which the order otherwise relates, and

(b) he shall cause a copy of the order to be deposited with the County Registrar for every county and the District Court Clerk of every District Court District, within which the whole or any part of the fisheries region created by the order is situate.