Fisheries (Consolidation) Act, 1959

Chapter II.

Oyster Bed Licences.

Oyster bed licences.

245.—(1) The Minister may, subject to section 11 and to the provisions of this Chapter—

(a) grant to the owner of any several fishery or the owner of the bed and soil of any estuary, a licence to form or plant an oyster bed within the limits of such several fishery or over such bed and soil above or below the lowest water mark of spring tides,

(b) grant to the owner or occupier of any land bordering on the sea or any estuary or, with the consent of such occupier, to any person, a licence to form or plant an oyster bed on the shore adjacent to such land above or below the lowest water mark of spring tides,

(c) grant to any person a licence to form or plant an oyster bed below the lowest water mark of spring tides.

(2) No oyster bed licence shall be granted to lay or plant an oyster bed—

(a) in any place where the Minister is of opinion that the public exercise and enjoy bona fide a substantially profitable fishing for oysters, or

(b) within the limits of any oyster bed or oyster fishery the property of any private person, or

(c) within the limits of any several fishery without the consent in writing of the owner of such fishery.

(3) Where an oyster bed licence is granted to any occupier of land bordering on the sea or any estuary or to any person with the consent of such occupier, such licence shall remain in force only during the continuance in occupation of the person who was in occupation at the time of granting such licence.

(4) Where a licence is granted to any person with the consent of any owner, such licence shall remain in force only for such period as may be named in such consent.

(5) An oyster bed licence shall not, except for the purpose of forming or planting oyster beds or layings, affect any rights in or over the shore or bed of the sea.