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Survey records of transferable fisheries.
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61.—(1) At any time after the commencement of the transition period in respect of a transferable fishery, the Minister may, in accordance with this section, cause a survey to be made of such fishery, and a record to be prepared of the following matters in relation to such fishery, that is to say:—
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(a) the situation thereof;
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(b) the condition thereof;
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(c) all weirs or other structures existing thereon;
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(d) all lands and premises lawfully used in connection there-with;
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(e) all means of access thereto;
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(f) all means and methods of operating it;
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(g) all fishing gear used in connection therewith.
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(2) The following provisions shall have effect in relation to the survey and record of a transferable fishery, that is to say:—
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(a) the Minister shall appoint a fit and proper person (in this section referred to as the engineer) to make a survey of such fishery, and such survey may, in case such fishery is a mill-dam fishery, include a survey of the whole dam and any adjoining structures, so far as may be necessary for determining the condition of the dam, and the measurement of the flow of water in any river, lake or watercourse connected with such dam;
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(b) upon completion of such survey the engineer shall prepare and sign a report of such survey in the form of plans (including sections where necessary) and descriptive schedules and submit such report to the Minister;
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(c) the Minister shall cause a copy of such report to be served on the owner and on the occupier of such fishery;
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(d) such owner or occupier may, within forty-eight days after the service of such copy, send to the Minister a statement in writing objecting to such report and specifying the grounds of his objection;
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(e) if no objection is sent to the Minister within the said forty-eight days or if any such objection is so sent but is subsequently withdrawn, the Minister shall cause an instrument to be prepared in the terms of such report and shall cause his official seal to be affixed to such instrument and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery;
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(f) if an objection is sent to the Minister within the said forty-eight days and such objection is not subsequently withdrawn, the following provisions shall have effect, that is to say:—
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(i) the Minister may, with the consent of the person making the objection, amend such report, and in that case, the Minister shall cause an instrument to be prepared in the terms of such report, as so amended, and shall cause his official seal to be affixed to such instrument and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery;
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(ii) if the Minister does not, with the consent of the person making the objection amend such report, then—
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(I) the Minister shall refer the matter to the President of the Institute of Civil Engineers in Ireland or some person appointed by the said President, who may, after investigating the matter, either as he thinks fit, confirm or amend such report, and thereupon the Minister shall cause an instrument to be prepared in the terms of such report with such amendments (if any) thereon as may have been made thereon under this clause and cause such instrument to be sealed with his official seal, and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery, and
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(II) there shall be paid to the person investigating the matter such fee as the Minister, with the consent of the Minister for Finance, may fix, and there shall, in case such report is wholly or mainly confirmed, be paid to the Minister by the person making the objection a sum equal to the said fee, and such sum shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction and when paid to, or recovered by, the Minister shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
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(3) Where, during the transition period in respect of any transferable fishery, any alteration is made, with the consent of the Minister, in the situation, construction or condition of such fishery, after the making of the record survey of such fishery, the Minister shall cause particulars of such alteration to be entered in such record survey and such record survey shall have effect subject to such alteration as so entered.
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(4) For the purposes of this Act the record survey of any transferable fishery shall be conclusive evidence in any proceedings of the situation, construction and condition of such fishery.
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(5) For the purposes of making a survey of a transferable fishery under this section, the person (in this sub-section referred to as the engineer) appointed by the Minister under this section to make such survey and any persons acting under the directions of the engineer may do all or any of the following things, that is to say:—
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(a) enter on such fishery and any land which it may be necessary to survey or which it may be necessary to pass through for the purpose of such survey;
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(b) cut or cause to be cut any bushes or other vegetation and remove or cause to be removed any other obstructions (except permanent buildings) which may interfere with such survey;
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(c) erect or construct or make any permanent or temporary marks which may be required to enable such survey to be checked or compared with the site at a later date;
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(d) require any person (being the owner or occupier of such fishery or an employee of such owner or occupier) to supply any information which the engineer or the persons so acting under his directions may reasonably require for the purposes of such survey;
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(e) do any other act or thing which may be necessary for or incidental to the doing of anything which the engineer or the said persons so acting under his directions are authorised by the foregoing provisions of this sub-section to do.
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(6) If any person interferes with a person appointed by the Minister to make a survey under this section or any persons acting under the directions of such last-mentioned person in exercise of the powers conferred on him or them by this section, such first-mentioned person shall be guilty of an offence under this section.
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(7) If any person (being the owner or occupier of a transferable fishery or an employee of such owner or occupier) refuses to give to any person appointed by the Minister to make a survey under this section or any persons acting under the direction of such last-mentioned person, any information which he or they may lawfully demand under this section, the following provisions shall have effect, that is to say:—
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(a) if such first-mentioned person is the owner or occupier of such fishery, such person shall be guilty of an offence under this section,
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(b) if such first-mentioned person is an employee of the occupier of such fishery, such person and such occupier shall each be guilty of an offence under this section.
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(8) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
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(9) An offence under this section may be prosecuted by the Minister.
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(10) There shall be paid to any person (not being an officer of the Minister) who is appointed either to make a survey under this section or to act under the direction of the person making any such survey such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine.
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