S.I. No. 862/2004 - Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2004

I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources in exercise of the powers conferred on me by section 74 of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )), and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004 ( S.I. No. 703 of 2004 ), with the consent of the Minister for Finance, in so far as it relates to the licence duty to be paid in respect of special local licences, hereby order as follows:

1. This Order may be cited as the Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2004.

2. This Order shall have effect as respects licences issued or renewed for a period commencing on or after 1 January 2005.

3. The River Erne (Special Local Licences) Order 1934 ( S.R. and O. No. 178 of 1934 ) (as amended by the Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2003 ( S.I. No. 688 of 2003 )) is amended by substituting the following for Article 4:

“4. (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order shall be €186.

(2) Subject to paragraph (3) of this Article the licence duty to be paid in respect of every special local licence to fish for salmon with a single rod and line granted under this Order shall be €47.

(3) Where a special local licence to fish for salmon with a single rod and line is granted under this Order for any year to a person to whom a salmon rod (annual) ordinary licence has been granted for that year, the licence duty payable in respect of such special local licence shall be reduced by €36.”.

4. The River Owenea and Owentocker (Special Local Licences) Order 1935 ( S.R. and O. No. 39 of 1935 ) (as amended by the Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2003)) is amended by substituting the following for Article 4:

“4. The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order shall be €254.”.

5. The River Lackagh (Special Local Licences) Order 1943 ( S.R. and O. No. 15 of 1943 ) (as amended by the Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2003)) is amended by substituting the following for Article 4:

“4 (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order shall be €254.

6. The Rivers Owenmore and Owenduff (Special Local Licences) Order 1967 ( S.I. No. 34 of 1967 ) (as amended by the Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2003)) is amended by substituting the following for Article 3:

“3 (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order shall be €254.

GIVEN under my hand, this 15th day of December 2004.

PAT THE COPE GALLAGHER,

Minister of State at the Department of Communications, Marine and Natural Resources.

The Minister for Finance consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Finance, this 17th day of December 2004.

BRIAN COWEN,

Minister for Finance.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prescribes the licence fees payable in respect of special local salmon fishing licences as respects licences issued or renewed for a period commencing on or after 1 January 2005.