Fisheries (Consolidation) Act, 1959

PART II.

Miscellaneous Powers and Duties of the Minister.

Special tidal waters.

7.—(1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that any particular tidal waters to which this section applies shall be special tidal waters for the purposes of this Act.

(2) Every order made under this section shall specify and define the tidal waters to which it purports to relate and shall be final and conclusive as to the area of such tidal waters notwithstanding any discrepancy between the extent of the tidal waters as so defined and the extent of the tidal waters in which a several fishery was previously enjoyed.

(3) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made under this section.

(4) This section applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several fishery was believed to exist and was enjoyed as of right, but in respect of which either—

(a) it was, after the 1st day of January, 1933 (whether before or after the passing of this Act), judicially determined in a court of competent jurisdiction that no several fishery existed in such tidal waters, or

(b) the person, who on the 1st day of January, 1933, exercised as of right the said several fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several fishery in such tidal waters.