Fisheries Act, 1980

Orders.

5.—(1) Subject to sections 10 (1) (b) and 54 (6) of this Act and to subsection (5) of this section, the Minister may by order amend or revoke an order made under section 8 (3) (b), 10 , 11 , 15 , 24 (6), 54 , 55 , 56 , or 57 of this Act, this subsection or section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69 , respectively, of this Act).

(2) (a) Subject to paragraph (b) of this subsection, the Minister may—

(i) by order amend an order made under section 37 , 38 , 39 or 42 of this Act,

(ii) by order amend an order made under subparagraph (i) of this paragraph.

(b) In case the Minister proposes to amend an order under section 37 , 38 or 39 of this Act or this subsection, the following provisions shall apply:

(i) the Minister shall as soon as may be give notice in writing of his intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister's said intention in such newspapers and in such manner as the Arbitrator shall determine,

(ii) the Minister shall give notice in writing of his said intention to any person by whom an appeal relating to the order proposed to be amended was brought under this Act, or, in case the order is an order under subparagraph (ii) of paragraph (a) of this subsection, to any person by whom an appeal relating either to the original order under section 37 , 38 or 39 of this Act or to any order under the said paragraph (a) which relates to such original order was so brought, or, if in either case any such person is deceased, to his personal representative,

(iii) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this paragraph by the Arbitrator,

(iv) the Arbitrator shall not determine an application under this paragraph by the Minister before the expiration of the period of thirty days beginning on the day on which the relevant notice is published pursuant to this subparagraph, or in case such publication is made on different days the day of the first such publication,

(v) any one or more of the following may, within such period of thirty days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his intention to make an application to the Arbitrator in relation to the proposed order, namely:

(I) any person by whom such an appeal was so brought, or, in case such person is deceased, his personal representative, or

(II) the person who, immediately before the making of the order proposed to be amended, was the owner of the fishery or land acquired by that order or the successor in title of such person, or, if any right has been acquired by such order, the person who immediately prior to the making of the said order was entitled to the enjoyment of such right or the successor in title of such person, or, if such order was made under section 39 of this Act, the owner of the relevant servient tenement,

(vi) in case a notice is served on the Minister pursuant to this paragraph the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard (either in person or through counsel or a solicitor), and

(vii) the Arbitrator may in determining the matter approve of the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his approval.

(3) (a) The Commissioners may by order under their seal amend an order made by them under section 40 of this Act.

(b) The Irish Land Commission may by order under their seal amend an order made by them under section 41 of this Act.

(4) If in relation to an application under subsection (2) (b) of this section the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required by subsection (2) (b) (ii) of this section to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.

(5) Subsection (7) of section 68 of the Principal Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this section by which it is proposed to amend an order made under section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69 , respectively, of this Act), as it applies as regards an order made under section 68 of the Principal Act.