S.I. No. 104/1949 - River Foyle (Special Local Licences) Order, 1949.


S.I. No. 104 of 1949.

RIVER FOYLE (SPECIAL LOCAL LICENCES) ORDER, 1949.

WHEREAS it is enacted by sub-section (1) of section 4 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), that the Minister for Agriculture may from time to time by order authorise the Board of Conservators within whose District particular tidal waters to which the said Act applies are situate to issue licences (in the said Act referred to as Special Local Licences) to use in such tidal waters any specified kind of engine, net, instrument or device (being an engine, net, instrument or device of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and it is enacted by sub-section (2) of the said section that whenever the said Minister makes an Order authorising the issue of Special Local Licences to use in particular tidal waters to which the said Act applies any particular kind of engine, net, instrument or device for the taking of salmon or trout, he shall by the same Order, with the consent of the Minister for Finance, fix the licence duty to be paid in respect of such licences, and it is enacted by sub-section (3) of the said section that different licence duties may be fixed under the said section in respect of Special Local Licences to use in particular tidal waters to which the said Act applies different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and different licence duties may be fixed under the said section in respect of different tidal waters to which the said Act applies, and it is enacted by subsection (4) of the said section that the licence duty to be fixed under the said section in respect of Special Local Licences to use a particular kind of engine, net, instrument or device for taking salmon or trout shall not in any case be less than the licence duty payable under the Fisheries Acts, 1842 to 1939, in respect of ordinary licences to use a similar kind of engine, net, instrument or device :

AND WHEREAS by virtue of the River Foyle (Tidal Waters) Order, 1949 ( S.I. No. 103 of 1949 ), the said Fisheries (Tidal Waters) Act, 1934 , applies to the tidal waters of the River Foyle as specified and defined in such Order :

AND WHEREAS the said tidal waters of the River Foyle are situate within the No. 142 or Moville District :

NOW, THEREFORE, I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by Section 4 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934) (which Act is continued in force by the Fisheries Act, 1939 (No. 17 of 1939)), and of every and any other power me in this behalf enabling, hereby, with the consent of the Minister for Finance in so far as relates to the licence duty to be paid in respect of the Special Local Licences to which this Order relates, testified by his signature hereto, order as follows :—

1. (1) This Order may be cited as the River Foyle (Special Local Licences) Order, 1949.

(2) This Order shall come into operation on the 25th day of April, 1949.

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

3. The Board of Conservators of the No. 142 or Moville District are hereby authorised to issue Special Local Licences to use draft nets in the tidal waters of the River Foyle, as defined in the River Foyle (Tidal Waters) Order, 1949 ( S.I. No. 103 of 1949 ).

4. The licence duty to be paid in respect of every Special Local Licence to use a draft net granted under the authority of this Order shall be £40 (forty pounds).

GIVEN under my Official Seal, this 14th day of April, 1949.

(Signed) JAMES M. DILLON,

Minister for Agriculture.

I consent to the foregoing Order so far as the same relates to the licence duty to be paid in respect of Special Local Licences.

(Signed) PATRICK McGILLIGAN,

Minister for Finance.