Fisheries Act, 1980

Transfer of certain properties of boards of conservators to Central Board.

9.—(1) On the appointed day the following properties (including all easements, rights, powers and privileges relating to or connected with any such property), being properties occupied by or on behalf of boards of conservators, shall be transferred to the Central Board, namely, the properties known as—

(a) Carrowmore Lake Hatchery, County Mayo,

(b) Inistioge Hatchery, County Kilkenny,

(c) Mallow Hatchery and Rosnalee Weir, County Cork,

(d) Cong Hatchery, County Galway,

(e) Virginia Hatchery and Eel Weir, County Cavan,

and each of which is described in the Third Schedule to this Act, including the buildings, offices and out-offices thereon and any machinery, equipment or other moveable property which was on those properties immediately before the appointed day and was used for or in connection with the culture of fish.

(2) The properties referred to in this section shall on the appointed day without any conveyance or assignment become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board for all the estate, term or interest by which they were held immediately before the appointed day but subject to all trusts, equities, interests, conditions, rights and statutory requirements affecting the properties and then subsisting and capable of being performed.

(3) On and after the appointed day every debt and other liability (including any unliquidated liability) which, immediately before the appointed day, is owing and unpaid and has been incurred and is undischarged by a board of conservators in relation to any property transferred to the Central Board by this section shall, on such day, become and be the debt or liability of the Central Board and shall be paid or discharged by, and may be recovered from or enforced against, the Central Board accordingly.

(4) Where by virtue of this section any easement or other right over land or any other estate or interest in land is vested in or becomes the property of or is held in trust or subject to a condition for the Central Board and immediately prior to the appointed day such right or other estate or interest was vested in or the property of or was held in trust or subject to a condition for a person other than a board of conservators, compensation shall be payable in respect of—

(a) the right or other estate or interest acquired by the Central Board by virtue of this section,

(b) any other diminution in the value of any right over land or other estate or interest of such person by reason of such acquisition,

(c) any other loss incurred by such person by reason of such acquisition,

and the compensation together with any interest payable thereon by virtue of this subsection shall be paid by the Central Board.

(5) Subsections (2), (3), (6), (7) and (8) of section 43 of this Act shall apply as regards compensation payable under this section as they apply as regards compensation payable under that section.

(6) References in this section to a board of conservators shall be construed as including a reference to a person who, immediately before the appointed day, stands appointed under section 51 of the Principal Act.