Shannon Fisheries Act, 1938
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Maintenance of an oyster fishery by the Board. |
9.—(1) In this section the expression “the Act of 1884” means the Oyster Cultivation (Ireland) Act, 1884. | |
(2) It shall be lawful for the Board, whenever and so often as they think proper, to apply under the Act of 1884 to the Minister for Agriculture for an order under that Act for the establishment or improvement and the maintenance and regulation by the Board of an oyster fishery in the tidal portion of the waters of the River Shannon. | ||
(3) Section 17 of the Act of 1884 shall not apply or have effect in relation to any order made under that Act on the application of the Board under this section, and in lieu of the said section 17 it is hereby enacted that if any such order takes away or abridges any of the rights mentioned in the said section 17 or if the doing of anything by the Board under such order interferes with any such rights, such taking away, abridgment, or interference shall be deemed to be an injury caused by the operation of the Shannon hydro-electric works within the meaning of the Principal Act and the relevant provisions of the Principal Act shall apply and have effect accordingly. | ||
(4) If and whenever the Board obtains, in pursuance of this section, an order under the Act of 1884, it shall be lawful for the Board at any time thereafter to acquire, either compulsorily or by agreement, any oyster fishery in the tidal portion of the waters of the River Shannon, which, in the opinion of the Board, is competitive with any oyster fishery worked by the Board under any such order or the acquisition of which would, in the opinion aforesaid, render the working of any oyster fishery so worked by the Board more remunerative, and, whenever the Board so acquires an oyster fishery, sub-sections (1) and (4) of section 14 of the Principal Act shall apply and have effect in relation to the price to be paid by the Board for such oyster fishery as if such price were payable under the Principal Act. | ||
(5) If the Board obtains, in pursuance of this section, an order under the Act of 1884, the expression “the Shannon fisheries” shall, for the purposes of the Principal Act and this Act, be construed as including the fishery maintained by the Board under such order and also every (if any) oyster fishery acquired by the Board under this section, but so long only as such fisheries are respectively vested in the Board. |