S.I. No. 328/1982 - Fisheries (Alteration of Fishery Year) Order, 1982.

S.I. No. 328 of 1982.

FISHERIES (ALTERATION OF FISHERY YEAR) ORDER, 1982.

I, BRENDAN DALY, Minister for Fisheries and Forestry, in exercise of the power conferred on me by section 4 of the Fisheries Act, 1980 (No. 1 of 1980), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )), hereby order as follows:—

1. This Order may be cited as the Fisheries (Alteration of Fishery Year) Order, 1982.

2. In this Order—

"the Act of 1980" means the Fisheries Act, 1980 (No. 1 of 1980);

"Principal Act" means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"the transitional period" means the period beginning on the 1st day of October, 1982, and ending on the 31st day of December, 1982.

3. Any reference to a fishery year in the Principal Act shall, on and after the 31st day of December, 1982, be construed and have effect as a reference to a period which is co-extensive with the calendar year.

4. In relation to the fishery year commencing on the 1st day of January, 1983, and each subsequent fishery year, the following provisions shall apply:

( a ) as regards section 55 of the Principal Act—

(i) subsection (1) (inserted by paragraph 1 (d) of the Fourth Schedule to the Act of 1980), as amended by Article 3 of this Order, shall be construed and have effect as if for "not later than the 31st day of December immediately preceding the commencement of that fishery year" and "the 1st day of October" there were substituted "within the period beginning on the 1st day of December preceding the commencement of that fishery year and ending on the 31st day of January next following" and "the 1st day of December", respectively,

(ii) the section shall be construed and have effect as if the following subsections were substituted for subsections (3) and (4):

"(3) If as regards a particular fishery year a regional board, within the period beginning on the 1st day of December and ending on the 31st day of January, which is appropriate having regard to the requirements of subsection (1) of this section, fails to strike a rate, the Minister may, if he thinks fit so to do, strike a rate for the fisheries region of such regional board for that fishery year, and in such case the rate so struck by the Minister shall be levied, collected and recovered by such regional board in like manner in all respects as if such rate had been struck by the board and confirmed by the Minister under this section.

(4) Where as regards any fishery year a regional board strike a rate under subsection (1) of this section or the Minister by reason of the failure of the regional board to strike the rate, strikes a rate under subsection (3) of this section for the fisheries region of the board, such board or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fisheries region, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable such board or the Minister to make a valid rating.", and

(iii) subsection (5) shall be construed and have effect as if the references therein to the 1st day of April and the 1st day of August were references to the 1st day of May and the 1st day of September, respectively,

( b ) the Principal Act shall be construed and have effect as if in lieu of section 56, it contained the following section:

"Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries.

56. Where as regards any fishery year a regional board strike a rate under section 55 or the Minister, by reason of the failure of the board to strike the rate, strikes a rate under that section for the fisheries region of the board, the board or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, and the board may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board—

( a ) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and

( b ) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal."; and

( c ) section 57 of the Principal Act shall be construed and have effect as if, in lieu of subsection (1), it contained the following subsection:

"(1) where a fishery rate on a fishery has been struck under section 55 as regards a particular fishery year, the regional board within whose fisheries region the fishery is situate may, but not later than the expiration of the fishery year next following that to which the rate relates, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein.".

5. (1) Subsection (1) of section 55 (inserted by paragraph 1 (d) of the Fourth Schedule to the Act of 1980) of the Principal Act shall, be construed to have effect as requiring every regional board, not later than the 31st day of December, 1982, as regards the transitional period to strike on all fisheries within its fisheries region (which appear in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner for Valuation by the 1st day of December, 1981, and are not distinguished therein by the said Commissioner pursuant to section 2 of the Valuation (Ireland) Act, 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of the regional board's expenditure for the transitional period.

(2) In relation to the rate required by subsection (1) of section 55 of the Principal Act, as amended by this Article, to be struck as regards the transitional period the following provisions shall apply as regards the Principal Act:

( a ) subsection (3) of the said section 55 shall be construed and have effect as if "1982", "the transitional period within the meaning of the Fisheries (Alteration of Fishery Year) Order, 1982," and "that rate" were substituted for "in any fishery year", "that fishery year" and "a rate for the district of such regional board for such fishery year", respectively,

( b ) the power vested in a regional board and the Minister by subsection (4) of the said section 55 shall be exercisable by such board or the Minister in relation to the particulars contained in the revised Valuation Lists referred to in paragraph (1) of this Article and relating to any fishery which is required to be rated by the board by the said paragraph (1) in the same manner as, immediately prior to the passing of the Act of 1980, it was exercisable by a board of conservators or the Minister in relation to particulars referred to in the said subsection (4),

( c ) subsection (5) of the said section 55 shall be construed and have effect as if it required the said rate to be paid, in the manner specified in that subsection, in one amount on the 1st day of May, 1983,

( d ) section 56 thereof (as amended by section 11 (5) of the Act of 1980) shall be construed and have effect as if—

(i) the references therein to any fishery year and to that fishery year each included a reference to the transitional period,

(ii) "for the fishery district of the regional board" were deleted, and

(iii) the reference therein to the revised Valuation Lists described therein were a reference to the revised Valuation Lists referred to and described in paragraph (1) of this Article,

( e ) section 57 (1) thereof (as amended by the said section 11 (5) shall be construed and have effect as if the reference therein to a particular fishery year included a reference to the transitional period, and

( f ) section 59 (3) thereof shall be construed and have effect as if for "any moiety" there were substituted "the amount" and as if for "such moiety" in both places where it occurs there were substituted "the amount".

GIVEN under my Official Seal, this 16th day of November, 1982.

BRENDAN DALY,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order provides that on and after 31st December, 1982, fishery year means a period which is co-extensive with the calendar year. In conjunction with the alteration of the meaning of fishery year the Order prescribes that:

(i) the fishery rate must be struck between 1st December preceding the commencement of the fishery year concerned and 31st January next following, and

(ii) the dates by which the first and second moieties of fishery rates are due to be paid are 1st May and 1st September, respectively.

The Order also provides for a transitional period, viz. 1st October, 1982, to 31st December, 1982, and for the striking of a fishery rate for that period which rate is due to be paid in one amount by 1st May, 1983.