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Ex-gratia grants by the Minister to certain persons in respect of prohibition of netting in freshwater.
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2.—(1) Where—
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(a) a right to use in a several fishery in freshwater a net for the capture of fish existed and was exercised before the 1st day of January, 1939, and
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(b) the Minister is satisfied that a person was the owner of that right on the 31st day of December, 1947, and
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(c) that person satisfies the Minister that he has suffered loss by the coming into operation of section 35 of the Act of 1939, and
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(d) that person is not entitled to compensation under subsection (5) of the said section 35,
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the Minister may, if he so thinks proper, make to that person an ex-gratia payment of such amount as he thinks proper.
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(2) Where—
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(a) nets for the capture of fish were lawfully used in particular freshwater before the 1st day of January, 1939, and
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(b) the Minister is satisfied that a person lawfully, as owner or part owner of a net, used, before the 1st day of January, 1948, such net for the capture of fish in that freshwater, and
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(c) that person satisfies the Minister that he has suffered loss by the coming into operation of section 35 of the Act of 1939, and
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(d) that person is not entitled to compensation under subsection (5) of the said section 35,
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the Minister may, if he so thinks proper, make to that person an ex-gratia payment of such amount as he thinks proper.
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(3) Where—
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(a) during at least three of the five open fishing seasons next before the 1st day of January, 1948, a person (in this subsection referred to as the employee) was employed in the service of another person in or about the operation or protection of a net lawfully used for the capture of fish in freshwater, and
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(b) the employee satisfies the Minister that he has suffered loss by the coming into operation of section 35 of the Act of 1939, and
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(c) the employee is not entitled to compensation under subsection (6) of the said section 35,
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the Minister may, if he so thinks proper, make to the employee an ex-gratia payment of such amount as he thinks proper.
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(4) No ex-gratia payment may be made under subsection (1), (2) or (3) of this section, unless an application for such ex-gratia payment or an application for compensation under section 35 of the Act of 1939 has been made before the 1st day of July, 1952.
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(5) The total of the amounts paid by way of ex-gratia payments under this section shall not exceed sixty thousand pounds.
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