S.I. No. 14/1943 - River Lackagh (Tidal Waters) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 14.

RIVER LACKAGH (TIDAL WATERS) ORDER, 1943.

WHEREAS it is enacted by sub-section (1) of Section 2 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), that the Minister for Agriculture may, with the concurrence of the Minister for Finance, from time to time by order declare that the said Act applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right, but in respect of which the person who on the 1st day of January, 1933, exercised as of right the said several or exclusive fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters ;

AND WHEREAS for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right in the tidal waters specified and defined in the Schedule to this Order ;

AND WHEREAS the persons who on they 1st day of January, 1933 exercised as of right the said several or exclusive fishery in such tidal waters do not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters ;

NOW, THEREFORE, I, SÉAMAS Ó RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by sub-section (1) of Section 2 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), and of every and any other power me in this behalf enabling do, with the concurrence of the Minister for Finance testified by his signature hereto, hereby order as follows, that is to say :—

1.—(1) This Order may be cited for all purposes as the River Lackagh (Tidal Waters) Order, 1943.

(2) This Order shall come into operation on the 4th day of February, 1943.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. It is hereby declared that the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), applies to the tidal waters specified and defined in the Schedule to this Order.

SCHEDULE.

The tidal waters of the River Lackagh, in the No. 14 or Letterkenny District, that is to say, the waters from the boundary between the tidal and freshwater portions of the said River Lackagh to the mouth of the said River Lackagh, the said boundary having been defined by Order (Definition No. D. 138) made on the 15th day of September, 1942, by the Minister for Agriculture under the Fisheries Acts, 1842 to 1939, and the said mouth having on the 9th day of May, 1864 been defined and marked on a map or plan of the said River Lackagh by the Special Commissioners appointed under the Salmon Fishery Act, 1863.

GIVEN under my Official Seal this 3rd day of February, 1943.

(Signed) SÉAMAS Ó RIAIN,

Minister for Agriculture.

I concur in the making of the foregoing Order.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.