{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">(c) if the Minister refuses to make an order under this section, IFI may, within the period of 2 months beginning on the date of such refusal, serve on the Minister a notice of appeal to the Arbitrator against such refusal, and the Arbitrator may, on such appeal— (i) confirm the refusal, or (ii) if he or she is so satisfied, make an order under this section creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement, (d) if the Minister makes an order under this section creating a right of way other than the required right of way, IFI may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, in so far as it creates a right of way other than the required right of way, and the Arbitrator may, on such appeal— (i) confirm the order as made by the Minister, or (ii) vary such order by substituting a right of way over the proposed servient tenement different from that specified in the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an application is made under this section, neither the Minister nor the Arbitrator shall exercise the power conferred on him or her to create or substitute a right of way different from that indicated in accordance with subsection (2) without first affording to the person on whom, under paragraph 1(c)(i) of Schedule 5 , notice has been served an opportunity of stating why the power should not be exercised.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The provisions contained in Schedule 5 shall, as the context requires, apply in relation to either an order under this section or an application for such an order.</div>\n<p class=\"lf-p\">Transfer of fisheries to Minister or IFI by Commissioners.</p>\n<p class=\"lf-p\">63.— (1) The Commissioners may by order under their seal transfer to the Minister or, with the consent of the Minister, to IFI, on such terms and conditions as, with the consent of the Minister for Finance, shall be agreed between the Commissioners and the Minister, all the estate and interest of the Commissioners in any fishery or fishing right which is in the possession or occupation of the Commissioners and also any land, way-leave, water-right, right of access or other easement or other right which is in the possession or occupation of the Commissioners and is ancillary to any such fishery or fishing right so transferred.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An order made under this section shall operate to vest in the Minister or IFI, as may be appropriate, without any further or other conveyance, all the estate and interest of the Commissioners in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access and other easements or other rights purported to be transferred to the Minister or IFI by the order.</div>\n<p class=\"lf-p\">Transfer of certain fisheries to IFI.</p>\n<p class=\"lf-p\">64.— (1) The Minister may, with the consent of the Minister for Finance, by order, transfer to IFI any fishery or fishing right— (a) subject to the agreement of the Minister for Agriculture, Fisheries and Food, acquired by or vested in that Minister under the Forestry Acts 1919 and 1928, or the Forestry Acts 1946 to 1988, or so vested by virtue of the Forestry (Re-distribution of Public Services) Order 1933 (S.R. &amp; O., No. 158 of 1933), (b) transferred to the Minister under section 63 , or (c) otherwise acquired by the Minister.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An order under subsection (1) shall operate to vest in IFI, without any further or other conveyance, all the estate and interest of the Minister in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access or other easements or rights, purported to be transferred to IFI by such order.</div>\n<p class=\"lf-p\">Compensation.</p>\n<p class=\"lf-p\">65.— (1) Subject to subsection (3), the exercise of any power under sections 59 , 60 , 61 or 62 shall be subject to payment of compensation in respect of— (a) any estate or interest in any fishery, or any other estate or interest in land, acquired under or by virtue of this Act, (b) any easement or other right in, over, under or in respect of land or any estate or interest in an easement or such another right, so acquired, or (c) any diminution, by reason of the exercise of the power, in the value of any easement or other right in, over, under or in respect of land, or any other estate or interest in any land or in any easement or such right, and the compensation, together with any interest payable on it by virtue of subsection (2), shall be paid by— (i) in case the power is exercised under section 60 , IFI, and (ii) in any other case, the person in whose favour the power is exercised.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) Subject to paragraph (b), where compensation is payable to a person under this section in respect of the exercise of a power under this Act, there shall be paid in accordance with subsection (1) interest on the amount of the compensation payable to the person, at such rate as shall be determined from time to time for the purposes of this section by the Minister for Finance, from the date on which the power is exercised until the payment of such compensation. (b) If— (i) the person by whom compensation under this section is payable makes an unconditional offer in writing of any sum as compensation to the person to whom the compensation is payable, (ii) the offer is not accepted by the person to whom it is made, and (iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered, no interest shall be payable on such compensation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 , in like manner in all respects as if such claim arose in relation to compulsory acquisition of land, and for this purpose IFI shall be deemed to be a planning authority and a public authority within the meaning of that Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The following provisions shall have effect in relation to the fixing of the compensation payable under this section in respect of a fishery to which an authorisation under section 60 relates, namely, IFI or the official arbitrator, as may be appropriate, may have regard to the following— (a) the current market value of the fishery, (b) evidence of profitability of the fishery by reference to both— (i) profits for a period ending prior to such authorisation, and (ii) a profit forecast regarding the fishery which is— (I) related to a period equal in length to the period referred to in subparagraph (i) but beginning on a day which is subsequent to such authorisation, and (II) estimated both on a reasonable basis and on the assumption that the fishery continued to be used by the occupier and had not been so acquired.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act 1845 , shall apply to any compensation payable under this section, and for the purposes of such application IFI shall be deemed to be the promoter of the undertaking.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A claim for compensation under this section shall be brought within— (a) in case the person entitled to the compensation is a minor or a person of unsound mind, a period of 6 years from the date when such person ceases to be under such disability or dies, whichever event first occurs, but not more than 30 years after the exercise of the relevant power under this Act, or (b) in any other case, a period of 6 years from the date of the exercise of such power.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Subject to subsection (6), compensation under this section may be paid to the personal representatives of a person entitled to it.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>In this section “official arbitrator” means the official arbitrator under the Acquisition of Land (Assessment of Compensation) Act 1919 .</div>\n<p class=\"lf-p\">Arbitrator.</p>\n<p class=\"lf-p\">66.— (1) A person appointed under this section by the Minister is in this Act, other than section 65 , referred to as the “ Arbitrator ”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In case the Minister receives a notice of appeal under section 60 or 62 , or by virtue of section 61</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>, he or she shall as soon as may be appoint a person, who shall be a barrister of not less than 7 years’ standing, to hear the appeal (which person is hereby authorised to determine the appeal).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In case the Minister proposes to amend an order made under section 60 , 61 or 62 , he or she shall as soon as may be appoint a person, who shall be a barrister described in subsection (2), to perform the functions assigned to the Arbitrator by paragraphs (a), (d), (e), (f) and (g) of section 67</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>.</div>\n<p class=\"lf-p\">Provisions relating to orders made under sections 60 , 61 , 62 or 63 .</p>\n<p class=\"lf-p\">67.— (1) Where the Minister proposes to amend an order under section 60 , 61 or 62 , the following provisions apply: (a) the Minister shall as soon as may be give notice in writing of his or her intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister’s intention in such newspapers and in such manner as the Arbitrator shall determine; (b) the Minister shall give notice in writing of his or her intention to any person by whom an appeal relating to the order proposed to be amended was brought or in case the order is an order which has previously been amended to any person by whom an appeal relating to the original order was brought, or if in either case such person is deceased, to his or her personal representative; (c) the Minister shall not make the order unless a draft of the order has been submitted to and approved by the Arbitrator; (d) the Arbitrator shall not determine an application by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published, or in case such publication is made on different days, the day of the first such publication; (e) any one or more of the following may, within such period of 30 days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his or her 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 or her 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 that order was entitled to the enjoyment of such right or the successor in title of such person, or, if the order was made under section 62 , the owner of the relevant servient tenement; (f) where a notice is served on the Minister the Arbitrator shall, before deciding whether or not to approve 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 (g) the Arbitrator may in determining the matter approve 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 or her approval.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Commissioners may by order under their seal amend an order made by them under section 63 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>If in relation to an application under subsection (1) the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required 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.</div>\n<p class=\"lf-p\">Sale by Minister of certain fisheries, fishing rights and businesses.</p>\n<p class=\"lf-p\">68.— (1) The Minister may, with the consent of the Minister for Finance, sell (otherwise than to IFI) any fishery or fishing right vested in him or her, whether under section 63 or otherwise, and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a fishery) carried on by him or her at such price as he or she may with the concurrence of the Minister for Finance think proper.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Any monies received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Minister shall, as soon as practicable, notify the Joint Oireachtas Committee of the details of any sale completed in accordance with subsection (1).</div>\n<h3 class=\"lf-part\">Chapter 5</h3>\n<p class=\"lf-p\">Wild Salmon and Sea Trout Tagging Scheme Management of wild salmon and sea trout.</p>\n<p class=\"lf-p\">69.— (1) The Minister may, after consultation with IFI, make regulations to provide for a scheme for the management, development and conservation of stocks of wild salmon and sea trout and in particular provide for the gathering of information by the tagging of such fish.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for all or any of the following— (a) the manner, type, size and colour of tags which are to be affixed to wild salmon and sea trout, (b) the information to be contained on such tags, (c) the issue and distribution by persons of tags and log books to persons fishing for wild salmon or sea trout, (d) matters relating to the sale, display, import, export and transhipment of wild salmon and sea trout or farmed salmon, (e) log books to be kept and the manner of their keeping by persons fishing for wild salmon or sea trout, (f) records to be kept by persons selling or dealing in salmon, (g) registers to be kept by persons providing such tags or log books, (h) the inspection by authorised officers of such tags, log books, registers and records, (i) the furnishing of such information on tags, log books, registers and records as may be requested by an authorised officer, (j) fees to be charged in respect of the issue of any such tag or log book, and (k) information in relation to any scheme under this section to be provided by IFI to the Minister.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The powers conferred by subsection (1) are in addition to and not in substitution for the powers conferred by section 57 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>For the purpose of enforcing any regulations made under this section, an authorised officer may— (a) stop and question any person who has or is suspected of having in his or her possession any tag or log book issued, or record kept, under regulations made under this section or any salmon or sea trout and request the production of and examine such tag, log book, record or salmon or sea trout and search any person whom he or she has reason to believe has contravened any regulations made under this section, (b) at all reasonable times, enter and search any place or premises or boat or vehicle in which the officer believes there is any tag or log book issued, or a register maintained, or record kept, under regulations made under this section or any salmon or sea trout and there examine any such tag, log book, register, record, salmon or sea trout and take copies of or extracts from any log book, register or record, found in it, (c) where he or she finds any wild salmon or sea trout which has not been tagged in accordance with regulations made under this section, the officer may in accordance with such regulations tag the fish or remove any tags affixed to it which do not comply with such regulations or require the person found in possession of the fish or in charge of the place, premises, boat or vehicle where it is found to tag, or cause it to be tagged, in accordance with such regulations or to remove or cause to be removed any tags affixed to it which do not comply with any such regulations, (d) take, remove and detain in his or her custody any tag, log book, register or record found in the course of the exercise of any of the powers conferred by this section in respect of which a contravention of any regulation made under this section is being or is suspected of having been committed, and (e) request and take the name and address of the person having custody of any tag, log book, register, record, salmon or sea trout which the officer is authorised under this section to examine.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A person who obstructs or interferes with, or fails to comply with a requirement of, an authorised officer in exercise of any power conferred on the officer under this section or refuses to give his or her name and address when required under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,500.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>(a) Subject to paragraph (b), a person (other than an authorised officer or officer of IFI) who contravenes or fails to comply with any regulation made under this section and which is stated to be a penal offence commits an offence and is liable on summary conviction— (i) in the case of a first offence, to a fine not exceeding €1,000, (ii) in the case of a second or subsequent offence, other than an offence referred to in subparagraph (iii), to a fine not exceeding €1,500, and (iii) in the case of a third or subsequent offence which is the third or subsequent offence in any period of 12 consecutive months, to a fine not exceeding €2,000. (b) Paragraph (a) does not apply to an authorised agent (within the meaning of section 70(1) of the Principal Act) in respect of any requirement under any regulation made under this section to issue tags or logbooks.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) A person shall not affix a tag to any wild salmon or sea trout, which he or she knows, or in the circumstances ought to know, has been unlawfully caught. (b) A person shall not forge or fraudulently alter, or cause to have forged or fraudulently altered, any tag, logbook or document. (c) A person shall not have in his or her possession any tag, logbook or document which he or she knows, or in the circumstances ought to know, has been forged or fraudulently altered. (d) A person shall not give false information to obtain any tag, logbook or document. (e) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months, or both.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where the Minister proposes to make regulations under this section (other than any regulation altering the commencement of any regulations made under this section), the following provisions shall have effect— (a) the Minister shall publish notice of his or her proposal at least once in such newspaper or newspapers published and circulating in the State as he or she may specify, (b) the notice shall include a statement of the purposes for which the regulations are proposed to be made and an intimation that a copy of the draft regulations is open for public inspection at a place specified in the notice and that any person may submit to the Minister objections to the draft regulations at any time during the period of 30 days commencing on the day of the first publication of the notice, (c) the Minister shall, during that period of 30 days, keep a copy of the draft regulations open for public inspection at the place aforesaid, (d) any person who objects to the draft regulations may submit his or her objection to the Minister in writing at any time during that period of 30 days and the Minister shall consider the objections, and (e) on the expiration of that period of 30 days, the Minister shall, as he or she may think proper, refrain from making the regulations or make the regulations either without modifications or with such modifications therein as he or she may think proper.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Where the Minister considers that any regulations he or she proposes to make under this section, which amend, revoke or replace regulations which, for the time being, are in force and made under section 24 of the Act of 1999 or this section, do not substantially affect the policy contained in the regulations being amended, revoked or replaced and are necessary administrative changes required as a result of the establishment of IFI or any technical amendments or correction of errors, the Minister need not comply with any of the requirements of subsection (8).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>In this Chapter— “ authorised officer” means a person who is an authorised officer (within the meaning of paragraphs (b) (inserted by paragraph 1(vv) of the Fourth Schedule to the Act of 1980) and (c) of section 301 of the Principal Act); “sea trout” means a wild sea trout Salmo trutta; “wild salmon” means wild Atlantic salmon Salmo salar.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>A reference in this section to a tag, logbook or document is a reference to a tag, logbook or document provided for in regulations made under this section.</div>\n<p class=\"lf-p\">Provisions relating to certain offences under regulations made under section 69 .</p>\n<p class=\"lf-p\">70.— (1) This section applies to an offence under section 69</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>, in respect of such contraventions of regulations made under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>, as may be declared by the Minister by regulations to be contraventions to which this section applies.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an authorised officer has reasonable grounds for believing that a person is contravening or has contravened a regulation made under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>, being a contravention to which this section applies, he or she may serve the person with a fixed charge notice in the prescribed form stating that— (a) the person is alleged to have so contravened, (b) the person may, during the period of 21 days beginning on the date of the notice, make to IFI at the address specified in the notice a payment of the prescribed amount (“fixed charge”) specified in the notice accompanied by the notice, and (c) a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged contravention will be instituted.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a fixed charge notice is given under subsection (2)— (a) a person to whom the notice applies may, during the period specified in the notice, make to IFI at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) IFI may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and (c) a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged contravention shall be instituted.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>In a prosecution for an offence under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Minister may by regulations prescribe the amount of a fixed charge applicable under this section and different amounts may be prescribed in respect of different contraventions.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>In this section a reference to a contravention of a regulation made under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>includes a reference to a failure to comply with such a regulation.</div>\n<h3 class=\"lf-part\">Chapter 6</h3>\n<p class=\"lf-p\">Prohibitions Prohibition of sale of certain fish.</p>\n<p class=\"lf-p\">71.— (1) The Minister may by order prohibit the sale and offering for sale at any time during a prescribed period in any year (“annual period”) of any fish which— (a) is of a species specified in the order, or (b) is— (i) caught by rod and line, and (ii) of a species so specified.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An order under this section may— (a) apply throughout the State or in a particular area or in particular areas of the State and so specified, and (b) specify a particular annual period in relation to the whole of the State or specify different such periods in relation to different such areas.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An order under this section shall apply to any fish— (a) in case the order is made under subsection (1)(a), of the species specified in the order, and (b) in case the order is made under subsection (1)(b), caught by rod and line and of a species specified in the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>In case an order under this section is for the time being in force, a person shall not sell or offer for sale any fish to which the order applies— (a) in case the order applies throughout the State or to a particular area or to particular areas of the State and specifies only one annual period, at any place in either the State, such area or any such area, as may be appropriate, at any time during that period, and (b) in case the order specifies different annual periods in relation to different areas of the State, at any place in such an area at any time during the annual period so specified in relation to the area.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence is committed.</div>\n<p class=\"lf-p\">Prohibition of sale of certain nets or netting.</p>\n<p class=\"lf-p\">72.— (1) The Minister may by order prohibit the sale of nets or netting of a prescribed class or description.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A person who sells a net or netting in contravention of an order under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,000.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where in any proceedings for an offence under this section— (a) the defendant proves— (i) that prior to the sale to which the alleged offence relates he or she had given to the Minister notice in writing of his or her intention to sell nets or netting of the relevant prescribed class or description, (ii) that prior to such sale he or she had made of the purchaser inquiries as to the purposes for which the relevant net or netting was to be used, and (iii) that he or she had kept a record in the manner directed under subsection (4) by the Minister of the result of his or her inquiries, (b) the defendant produces to the court such record, and, in case the defendant was requested by or on behalf of the Minister so to do, he or she proves that within a reasonable time he or she produced to an officer of the Minister such record and allowed such officer to inspect it, and (c) the court is satisfied— (i) that the inquiries were made in good faith, and (ii) that in the circumstances of the case it would have been reasonable for the defendant, having regard to the results of the inquiries, to have believed that such net or netting was not to be used for or in relation to fishing, he or she shall be acquitted of the offence.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>In case the Minister receives a notification in writing by a person of his or her intention to sell a net or netting of a class or description specified in an order under this section, the Minister shall as soon as may be give to the person directions as to the manner in which a record of the results of inquiries made by him or her for the purposes of subsection (3) is to be kept.</div>\n<h3 class=\"lf-part\">Chapter 7</h3>\n<p class=\"lf-p\">Register of Sea Anglers Register of sea anglers.</p>\n<p class=\"lf-p\">73.— (1) IFI shall establish and maintain a register to be known as the Register of Sea Anglers (“register”).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) On payment of the appropriate annual subscription to IFI a person shall be registered in accordance with paragraph (b) in the register. (b) On receipt of an application for registration in the register, accompanied by the appropriate annual subscription, IFI shall register the applicant as a sea angler. (c) Where on 31 December in any year a person, other than a person entitled under subsection (4), is registered in a register he or she shall be entitled to remain so registered for the duration of the next following year if, but only if, before the day in that next following year which is the day for the time being fixed by the Minister under subsection (5) he or she pays to IFI the appropriate annual subscription. (d) Where in any year a person who on the last preceding 31 December was registered in a register fails before the day in that year which is the day so fixed for the time being to pay the appropriate annual subscription, IFI shall immediately remove his or her name from the register.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any person other than a sea angler who is registered in a register by virtue of subsection (4) (being so registered before 1 January 1988) may at any time by an application in writing to IFI apply to IFI to re-register him or her as a sea angler and, on duly receiving an application under this subsection, IFI shall re-register him or her in the register maintained by it with effect from the day the application was received by it.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>(a) A person who immediately before the dissolution thereof was a life member of the Trust shall on application to IFI, and on making a declaration in a form approved of for the purposes of this subsection by the Minister, be registered by IFI in the register maintained by IFI. (b) A person who is registered in a register under paragraph (a) may apply in writing to have his or her name removed from the register and on receipt of such an application IFI shall allow the application. (c) Subsections (2)(a) and (b) apply to applications under this subsection as they apply to applications under that subsection but subject to the following modification, namely, the requirements of those paragraphs relating to annual subscriptions shall be disregarded.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Minister may by order fix a day or days for the purposes of subsection (2) and any such day may be so fixed in relation to— (a) one or more particular years, or (b) a particular year and the subsequent year thereafter, or (c) any year.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>(a) References in this section to the appropriate annual subscription are references to an annual subscription of such amount as shall be fixed for the time being for the purposes of this section by the Minister, with the consent of the Minister for Finance. (b) In this section “registered” means registered in the register. (c) In this section and in section 81 “life member of the Trust” includes any person who the council of the Trust, under the Articles of Association of the Trust, distinguished as a donor member.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The information contained in a register kept by a regional board in accordance with section 58 of the Act of 1980 and section 20 of the Act of 1987 shall on the establishment day be transferred to the new register established under this section by IFI.</div>\n<h3 class=\"lf-part\">Chapter 8</h3>\n<p class=\"lf-p\">Issue of Licences for Fishing of a Specified Class or Description Issue by IFI of licences for fishing of specified class or description.</p>\n<p class=\"lf-p\">74.— (1) The Minister may by order provide for the issue by IFI, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect— (a) any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine, and (b) any such licence shall for the said purposes be regarded as being an ordinary fishing licence.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In case an order under this section is for the time being in force, the powers conferred by the order on IFI shall be in addition to and not in substitution for the powers conferred on IFI by section 7</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Duties payable as regards licences issued under this section shall be paid to IFI.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>In this Act “fishing licence”, when used without qualification, includes a licence issued under an order under this section.</div>\n<h3 class=\"lf-part\">PART 4</h3>\n<p class=\"lf-p\">Legal Proceedings, Penalties, etc.</p>\n<p class=\"lf-p\">Certain offences to be tried on indictment.</p>\n<p class=\"lf-p\">75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A person who commits an offence under section 29 of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.</div>\n<p class=\"lf-p\">Jurisdiction.</p>\n<p class=\"lf-p\">76.— (1) Proceedings for any offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>may be taken in any District Court District, and in case such proceedings are taken and apart from this section the judge of the District Court before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such judge of the District Court is assigned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a person is sent forward for trial on indictment by the Circuit Court for an offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>and apart from this subsection a judge of that court would, as regards the proceedings, not have power to exercise the jurisdiction vested in that court by section 25</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Courts (Supplemental Provisions) Act 1961 then for the purpose of enabling that judge to exercise such jurisdiction the offence may be treated as having been committed in the circuit to which such judge is assigned.</div>\n<p class=\"lf-p\">Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.</p>\n<p class=\"lf-p\">77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both and that section shall be read and have effect accordingly. (b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly. (c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both. (d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>, is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part 2 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1994 specified in column (2) of Part 3 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence, as a statutory consequence of conviction, stands forfeited.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>This section has effect in respect of offences committed after the establishment day.</div>\n<p class=\"lf-p\">TABLE</p>\n<h3 class=\"lf-part\">PART 1</h3>\n<p class=\"lf-p\">Reference Number Section of Principal Act Penalty</p>\n<p class=\"lf-p\">(1)</p>\n<p class=\"lf-p\">(2)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>1.</div>\n<p class=\"lf-p\">12, 13, 289.</p>\n<p class=\"lf-p\">A fine not exceeding €200.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323.</p>\n<p class=\"lf-p\">A fine not exceeding €1,000.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000.</p>\n<p class=\"lf-p\">4.</p>\n<p class=\"lf-p\">163.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">69, 123, 128, 129.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the offence is continued.</p>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">100(3).</p>\n<p class=\"lf-p\">A fine not exceeding €2,000, and if after conviction the contravention is continued, that person commits a further offence on each day during which the contravention continues and is liable on summary conviction to a fine not exceeding €1,000.</p>\n<p class=\"lf-p\">100(5)(e).</p>\n<p class=\"lf-p\">A fine not exceeding €2,000.</p>\n<p class=\"lf-p\">7.</p>\n<p class=\"lf-p\">111.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €50 per day until the defendant restores the bed of the river in respect of which the offence under that section is committed to its original state.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">124.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the neglect referred to in that section continues.</p>\n<p class=\"lf-p\">9.</p>\n<p class=\"lf-p\">127, 134, 135, 136, 137, 138, 177.</p>\n<p class=\"lf-p\">A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.</p>\n<p class=\"lf-p\">10.</p>\n<p class=\"lf-p\">94.</p>\n<p class=\"lf-p\">A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish caught by means of any net used in the commission of the offence under that section.</p>\n<p class=\"lf-p\">11.</p>\n<p class=\"lf-p\">95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.</p>\n<p class=\"lf-p\">12.</p>\n<p class=\"lf-p\">183.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.</p>\n<p class=\"lf-p\">13.</p>\n<p class=\"lf-p\">176.</p>\n<p class=\"lf-p\">A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed or imprisonment for a term not exceeding 6 months or both.</p>\n<p class=\"lf-p\">14.</p>\n<p class=\"lf-p\">156(2), 157, 163A(1), 182.</p>\n<p class=\"lf-p\">A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both.</p>\n<p class=\"lf-p\">15.</p>\n<p class=\"lf-p\">156(3).</p>\n<p class=\"lf-p\">A fine not exceeding €1,000.</p>\n<p class=\"lf-p\">16.</p>\n<p class=\"lf-p\">163A(3), 163A(5).</p>\n<p class=\"lf-p\">A fine not exceeding €1,000.</p>\n<h3 class=\"lf-part\">PART 2</h3>\n<p class=\"lf-p\">Reference Number Section of Principal Act Penalty</p>\n<p class=\"lf-p\">(1)</p>\n<p class=\"lf-p\">(2)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>1.</div>\n<p class=\"lf-p\">27.</p>\n<p class=\"lf-p\">A fine not exceeding €500.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">29.</p>\n<p class=\"lf-p\">A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.</p>\n<h3 class=\"lf-part\">PART 3</h3>\n<p class=\"lf-p\">Reference Number Section of Principal Act Penalty</p>\n<p class=\"lf-p\">(1)</p>\n<p class=\"lf-p\">(2)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>1.</div>\n<p class=\"lf-p\">15(2)(a).</p>\n<p class=\"lf-p\">A fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">15(3).</p>\n<p class=\"lf-p\">A fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months or both.</p>\n<p class=\"lf-p\">Forfeiture of licences and consequential disqualification orders.</p>\n<p class=\"lf-p\">78.— (1) (a) Where— (i) a person is convicted of any offence under the Principal Act, other than an offence described in subsection (3), and (ii) such person is the holder of a fishing licence or licences or an oyster fishing licence or licences, the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited. (b) Where a licence is directed to be forfeited under this subsection, such licence shall immediately cease to be in force.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of the Principal Act, the court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the court may specify. (b) Where a declaration is made under this subsection, the declaration shall operate to disqualify the person to whom it relates for holding a licence of the kind specified in the declaration, and notwithstanding anything contained in the Principal Act a licence of that kind shall not be issued to such person in respect of the period specified in the declaration.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>(a) This subsection applies to the following offences, namely— (i) an offence under section 65, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 140, 145, 146, 176, 182, 285A (inserted by section 24 of the Act of 1962) or 301 of the Principal Act, (ii) an offence under section 29 of the Act of 1962, (iii) an offence under any bye-law described in section 57</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>, (iv) an offence under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a), (b), (c) or (d), and (v) an offence under section 69</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>, in respect of a contravention of or a failure to comply with a regulation made under that section which is a contravention of or a failure to comply with the regulation declared by the Minister by regulations to be an offence to which this subsection applies. (b) Where a person is convicted of an offence which is both an offence to which this subsection applies and a second or any subsequent such offence which is the second or subsequent such offence in any period of 12 consecutive months, the court by whom such person is convicted shall make an order (“a consequential disqualification order”) declaring him or her to be disqualified for holding an ordinary fishing licence in respect of any scheduled engine mentioned in Part II of the Fourth Schedule to the Principal Act, and such order shall operate so as to disqualify the person to whom it relates during the period of 3 years commencing on the date on which the order is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subject to subsection (5), in every case in which an appeal may be brought in respect of a conviction of an offence to which subsection (3) applies, jurisdiction to make, confirm or annul a consequential disqualification order is hereby conferred on the appellate court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was made is reversed.</div>\n<p class=\"lf-p\">Payment of certain fines as compensation — delivery of oysters or other fish.</p>\n<p class=\"lf-p\">79.— (1) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under section 253 or 265 of the Principal Act for which a person was convicted, it may, at its discretion, on the application (made before the time of such imposition, affirmation or variation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered loss or damage resulting, wholly or partly, from the offence, provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the loss or damage to the person making the application. (b) An application shall not lie under paragraph (a) in respect of any loss or damage if proceedings claiming damages for the loss or damage have been instituted in any court.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>If a person is convicted of an offence under section 253 of the Principal Act by reason of his or her having taken away oysters or other fish from an oyster bed or other place, if the oysters (or any of them) or the other fish in respect of which the offence was committed have or has not then been sold, they or it, as may be appropriate, as a statutory consequence of conviction, stand forfeited, and the court may direct their or its delivery to the owner or occupier of the oyster bed or other place from which they or it were or was taken or the person to whom the relevant licence was granted or who is entitled to the benefit of such licence.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where under this section the whole or part of a fine is paid to a person and the person is awarded damages by a court in respect of the loss or damage to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment.</div>\n<p class=\"lf-p\">Fixed charge notice.</p>\n<p class=\"lf-p\">80.— (1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence— (a) under a provision of the Principal Act mentioned in column (2) of</p>\n<h3 class=\"lf-part\">Part 1</h3>\n<p class=\"lf-p\">of Schedule 6 or such other provision of the Principal Act as may be prescribed, (b) against such bye-laws made or deemed to have been made under section 57 as may be prescribed, or (c) in relation to the contravention of bye-laws made or deemed to have been made under section 57 of a type described in column (2) of</p>\n<h3 class=\"lf-part\">Part 2</h3>\n<p class=\"lf-p\">of Schedule 6 or of such type as may be prescribed, he or she may serve the person with a fixed charge notice in the prescribed form stating that— (i) the person is alleged to have committed the offence, (ii) the person may, during the period of 21 days beginning on the date of the notice, make to IFI at the address specified in the notice a payment of the prescribed amount (“fixed charge”) specified in the notice, and (iii) a prosecution in respect of an alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a fixed charge notice is given under subsection (1)— (a) the person to whom the notice applies may, during the period specified in the notice, make to IFI at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) IFI may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In a prosecution for an offence referred to in subsection (1) the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may by regulations prescribe the amount of a fixed charge and may prescribe different amounts in relation to— (a) different offences, (b) offences involving different species of fish, or the use of different fishing engines or different methods of angling, and (c) offences committed in different areas.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>In this section “authorised officer” means a person who is an authorised officer (within the meaning of paragraphs (b) (inserted by paragraph 1(vv) of the Fourth Schedule to the Act of 1980) and (c) of section 301(1) of the Principal Act).</div>\n<h3 class=\"lf-part\">PART 5</h3>\n<p class=\"lf-p\">Miscellaneous Certain rights to fish given to former life members of Trust.</p>\n<p class=\"lf-p\">81.— (1) A person who immediately before the dissolution of the Trust under the Act of 1980 was a life member of the Trust shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted to fish in accordance with law for trout or coarse fish in the waters of any fishery owned or occupied by IFI.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) An order under section 60 , 63 or 64 may provide that subsection (1) shall not apply in relation to the fishery acquired or transferred by the order, or, in case 2 or more fisheries are so transferred, shall apply in relation to no such fishery, or, as may be so provided, applies only to such of those fisheries as the order specifies. (b) The Minister may by order provide that subsection (1) does not apply in relation to a fishery acquired by IFI by agreement under section 60 and specified in the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In case a fishery is by an order, either made under this section or described in subsection (2)(a), excluded from the application of subsection (1), this section shall be construed and have effect subject to the terms of the order.</div>\n<p class=\"lf-p\">Powers of Minister in operating a fishery.</p>\n<p class=\"lf-p\">82.— (1) The Minister may, for the purpose of operating a fishery owned by him or her, do all such things as he or she may consider necessary for carrying on such fishery as a commercial undertaking and which he or she could do if he or she were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following— (a) buy and sell fish anywhere, (b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish, (c) carry on any business which is ancillary or incidental to the operation of such fishery, (d) enter into contracts, (e) employ such and so many persons as he or she thinks fit, and (f) purchase fishing licences.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The remuneration of all persons employed in connection with the operation by the Minister of any fishery owned by him or her shall be determined with the consent of the Minister for Finance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or appointed by the Minister under this section.</div>\n<p class=\"lf-p\">Liability of Minister or IFI for damage by flooding.</p>\n<p class=\"lf-p\">83.— No claim lies against the Minister or IFI for flooding or other consequential damage due to the continued existence of any structure (including a fishing weir or a fishing mill dam which, on the date of vesting in or acquisition by the Minister or IFI of a fishery, formed part of or existed in such fishery) unless the Minister or IFI, as may be appropriate, shall have increased the height of such structure or shall have closed any openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.</p>\n<p class=\"lf-p\">SCHEDULE 1 Repeal of Existing Enactments</p>\n<h3 class=\"lf-part\">Section 4</h3>\n<p class=\"lf-p\">.</p>\n<p class=\"lf-p\">Number and Year Short Title Extent of Repeal</p>\n<p class=\"lf-p\">(1)</p>\n<p class=\"lf-p\">(2)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>No. 14 of 1959 Fisheries (Consolidation) Act 1959 Sections 9, 11(2)(a), 90 and 160(6) (inserted by section 20 of the Act of 1994).</div>\n<p class=\"lf-p\">No. 31 of 1962 Fisheries (Amendment) Act 1962 Sections 3, 14(1), 32(2) and 33.</p>\n<p class=\"lf-p\">No. 1 of 1980 Fisheries Act 1980</p>\n<h3 class=\"lf-part\">Part I (sections 3, 4 and 5),</h3>\n<h3 class=\"lf-part\">Part II (sections 7 to 36),</h3>\n<h3 class=\"lf-part\">Part III (sections 37 to 45),</h3>\n<h3 class=\"lf-part\">Part IV (except section 53),</h3>\n<h3 class=\"lf-part\">Part V (sections 54 and 55),</h3>\n<h3 class=\"lf-part\">Part VI (except sections 64, 66, 67, 70, 71, 74 and 76),</h3>\n<p class=\"lf-p\">Second Schedule, Third Schedule and Fifth Schedule.</p>\n<p class=\"lf-p\">No. 32 of 1987 Fisheries (Amendment)(No. 2) Act 1987 Sections 19 to 21.</p>\n<p class=\"lf-p\">No. 26 of 1991 Fisheries (Amendment) Act 1991 Sections 4 to 15.</p>\n<p class=\"lf-p\">No. 1 of 1997 Fisheries (Commissions) Act 1997 The whole Act (except sections 1, 7(1) and 9).</p>\n<p class=\"lf-p\">No. 35 of 1999 Fisheries (Amendment) Act 1999</p>\n<h3 class=\"lf-part\">Part 2 (sections 3 to 23),</h3>\n<h3 class=\"lf-part\">Part 3 (sections 24 to 26) and</h3>\n<p class=\"lf-p\">section 28.</p>\n<p class=\"lf-p\">No. 34 of 2000 Fisheries (Amendment) Act 2000 The whole Act.</p>\n<p class=\"lf-p\">SCHEDULE 2 Consequential Amendments of Certain Acts</p>\n<h3 class=\"lf-part\">Section 8</h3>\n<p class=\"lf-p\">.</p>\n<h3 class=\"lf-part\">PART 1</h3>\n<p class=\"lf-p\">Amendment of Fisheries (Consolidation) Act 1959 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 20</h3>\n<p class=\"lf-p\">In subsection (4) (amended by section 64 of the Act of 1980) substitute “subparagraph (i) or (ii) of section 6</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>(a) of the Inland Fisheries Act 2010” for “subparagraph (i) or (ii) of section 10(9)(a) of the Fisheries Act 1980 ”.</div>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 50</h3>\n<p class=\"lf-p\">(a) In subsection (1) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or any regional board”. (b) In subsection (3) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or a regional board” and “such board” where occurring.</p>\n<p class=\"lf-p\">3.</p>\n<h3 class=\"lf-part\">Section 54 (amended by Part I of the Fourth Schedule)</h3>\n<p class=\"lf-p\">Substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.</p>\n<p class=\"lf-p\">4.</p>\n<h3 class=\"lf-part\">Section 55</h3>\n<p class=\"lf-p\">In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for“Every regional board”, (b) substitute “within a fishery district” for “within its fisheries region”, and (c) substitute “Inland Fisheries Ireland’s expenditure” for “the regional board’s expenditure”.</p>\n<p class=\"lf-p\">5.</p>\n<h3 class=\"lf-part\">Section 57</h3>\n<p class=\"lf-p\">In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery is situate”.</p>\n<p class=\"lf-p\">6.</p>\n<h3 class=\"lf-part\">Section 59</h3>\n<p class=\"lf-p\">In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland may be recovered at the suit of Inland Fisheries Ireland” for “a regional board may be recovered at the suit of the board”.</p>\n<p class=\"lf-p\">7.</p>\n<h3 class=\"lf-part\">Section 62</h3>\n<p class=\"lf-p\">(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland in respect of any special tidal waters there are during that year or part thereof” for “every regional board within whose fisheries region there are during that year or part thereof any special tidal waters”. (b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland where” for “any regional board within whose fisheries region”.</p>\n<p class=\"lf-p\">8.</p>\n<h3 class=\"lf-part\">Section 67</h3>\n<p class=\"lf-p\">(a) In subsection (6) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board”. (b) In subparagraph (i) of subsection 6(b) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “the regional board concerned”. (c) In subsection (7) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “that board”. (d) In subsection (9) (amended by section 67 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the regional board concerned”. (e) In subsection (11) (amended by section 5 of the Act of 1987) delete “and being a fishery district in the fisheries region of the regional board by which it was issued”.</p>\n<p class=\"lf-p\">9.</p>\n<h3 class=\"lf-part\">Section 69</h3>\n<p class=\"lf-p\">(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate” and “such board” where occurring. (b) In subsection (3) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”. (c) In subsection (4) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” and “the said regional board” where occurring. (d) In subsection (5) (amended by Part I to the Fourth Schedule)— (i) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate”, and (ii) substitute “Inland Fisheries Ireland” for “the board”.</p>\n<p class=\"lf-p\">10.</p>\n<h3 class=\"lf-part\">Section 70</h3>\n<p class=\"lf-p\">In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, and (b) substitute “Inland Fisheries Ireland” for “the board”, “a regional board” and “that board” where occurring.</p>\n<p class=\"lf-p\">11.</p>\n<h3 class=\"lf-part\">Section 72</h3>\n<p class=\"lf-p\">(a) In subsection (a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such fishery district is situate”. (b) In subparagraph (i) of subsection (b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “such regional board”.</p>\n<p class=\"lf-p\">12.</p>\n<h3 class=\"lf-part\">Section 74</h3>\n<p class=\"lf-p\">In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region special tidal waters are situate” and for “the regional board within whose fisheries region such tidal waters are situate”.</p>\n<p class=\"lf-p\">13.</p>\n<h3 class=\"lf-part\">Section 75</h3>\n<p class=\"lf-p\">In subsection (1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.</p>\n<p class=\"lf-p\">14.</p>\n<h3 class=\"lf-part\">Section 77</h3>\n<p class=\"lf-p\">In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “a regional board”, (b) delete “situate in the fisheries region of the board”, and (c) in paragraphs (b), (c) and (d) substitute “Inland Fisheries Ireland” for “such board”.</p>\n<p class=\"lf-p\">15.</p>\n<h3 class=\"lf-part\">Section 100</h3>\n<p class=\"lf-p\">(a) In subsection (5) (amended by section 27 of the Act of 1999) substitute— (i) in paragraphs (a), (b), (c) and (d) “Inland Fisheries Ireland” for “A regional board”, and (ii) in paragraph (d) “Inland Fisheries Ireland” for “the board”. (b) In subsection (6) (amended by section 27 of the Act of 1999) substitute— (i) in paragraph (a) “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring, (ii) in paragraphs (b)(i) and (ii) “Inland Fisheries Ireland” for “the regional board”, and (iii) in paragraph (c) “Inland Fisheries Ireland” for “the regional board”. (c) In subsection (6A) (inserted by section 27 of the Act of 1999) substitute— (i) “Inland Fisheries Ireland” for “A regional board”, and (ii) delete “except in relation to its own fisheries region and”.</p>\n<p class=\"lf-p\">16.</p>\n<h3 class=\"lf-part\">Section 115</h3>\n<p class=\"lf-p\">In subsection (4) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, (b) delete “in its fisheries region”, and (c) substitute “Inland Fisheries Ireland” for “the said board”.</p>\n<p class=\"lf-p\">17.</p>\n<h3 class=\"lf-part\">Section 118</h3>\n<p class=\"lf-p\">In subsection (6) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, (b) delete “in its fisheries region”, and (c) substitute “Inland Fisheries Ireland” for “the said board”.</p>\n<p class=\"lf-p\">18.</p>\n<h3 class=\"lf-part\">Section 154 (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">In paragraph (a) of the definition of “inspector” substitute “Inland Fisheries Ireland” for “a regional board”.</p>\n<p class=\"lf-p\">19.</p>\n<h3 class=\"lf-part\">Section 158 (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">In subsection (2) substitute “Inland Fisheries Ireland” for “the regional board in whose fisheries region is situate any fisheries district in which he carries on or proposes to carry on the business of selling, or exporting for sale, salmon and trout, eels or molluscan shellfish, as the case may be” and “each such board” where occurring.</p>\n<p class=\"lf-p\">20.</p>\n<h3 class=\"lf-part\">Section 159 (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the board”. (b) In subsection (1)(a)— (i) substitute “Inland Fisheries Ireland” for “the regional board”, and (ii) delete “within such board’s fisheries region”. (c) In subsection (2) substitute “Inland Fisheries Ireland” for “a regional board”.</p>\n<p class=\"lf-p\">21.</p>\n<h3 class=\"lf-part\">Section 160 (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “the board” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “a Regional Board”.</p>\n<p class=\"lf-p\">22.</p>\n<h3 class=\"lf-part\">Section 161 (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">In subsection (2)(b) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “board” where occurring.</p>\n<p class=\"lf-p\">23.</p>\n<h3 class=\"lf-part\">Section 170</h3>\n<p class=\"lf-p\">In subsection (2)(b) and (2)(c) (amended by section 12 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board” and “that board” where occurring.</p>\n<p class=\"lf-p\">24.</p>\n<h3 class=\"lf-part\">Section 294</h3>\n<p class=\"lf-p\">In subsection (2A)(a) (inserted by section 17 of the Act of 1991) substitute “Inland Fisheries Ireland” for “the appropriate regional board”.</p>\n<p class=\"lf-p\">25.</p>\n<h3 class=\"lf-part\">Section 297</h3>\n<p class=\"lf-p\">In subsection (2)(b) (amended by Section 71 of the Act of 1980) substitute “Inland Fisheries Ireland” for “a regional board” and “that board”.</p>\n<p class=\"lf-p\">26.</p>\n<h3 class=\"lf-part\">Section 298</h3>\n<p class=\"lf-p\">(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”. (b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.</p>\n<p class=\"lf-p\">27.</p>\n<h3 class=\"lf-part\">Section 301</h3>\n<p class=\"lf-p\">(a) In subsection (1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” where occurring. (b) In subsection (2A) (as inserted by section 53 of the Act of 1980) substitute “paragraph (a), (b), (c) or (d) of section 57</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>of the Inland Fisheries Act 2010” for “paragraph (a), (b), (c) or (d) of section 46(4) of the Fisheries Act 1980 ”.</div>\n<p class=\"lf-p\">28.</p>\n<h3 class=\"lf-part\">Section 315</h3>\n<p class=\"lf-p\">In subparagraph (i) of section 315(2)(a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.</p>\n<p class=\"lf-p\">29.</p>\n<h3 class=\"lf-part\">Section 318</h3>\n<p class=\"lf-p\">(a) In subparagraph (i)(I) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”. (b) In subparagraph (ii) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the said regional board”.</p>\n<p class=\"lf-p\">30.</p>\n<h3 class=\"lf-part\">Section 319</h3>\n<p class=\"lf-p\">In subparagraph (i)(I) of section 319(1)(c) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>References in this Part to the Fourth Schedule are to be read as references to the Fourth Schedule to the Act of 1980.</div>\n<h3 class=\"lf-part\">PART 2</h3>\n<p class=\"lf-p\">Amendment of Wildlife Act 1976 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 40(2)</h3>\n<p class=\"lf-p\">In paragraph (cc) (inserted by the Wildlife (Amendment) Act 2000 ) substitute “Inland Fisheries Ireland” and “Inland Fisheries Acts 1959 to 2010” for “the Central Fisheries Board or a regional fisheries board” and “Fisheries Acts 1959 to 1999” respectively.</p>\n<h3 class=\"lf-part\">PART 3</h3>\n<p class=\"lf-p\">Amendment of Local Government (Water Pollution) Act 1977 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 1</h3>\n<p class=\"lf-p\">Delete the definitions (inserted by section 2 of the Local Government (Water Pollution) (Amendment) Act 1990 ) of “fisheries region” and “regional board”.</p>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 10 (inserted by</h3>\n<p class=\"lf-p\">section 7 of the Local Government (Water Pollution) (Amendment) Act 1990 ) Substitute the following subsection for subsection (4)— “(4) (a) Where a person does not comply with an order under subsection (1), Inland Fisheries Ireland or the local authority in whose functional area the waters concerned are situated, may take any steps specified in the order to mitigate or remedy the effects of the entry or discharge concerned. (b) The amount of any expenditure incurred by a local authority or Inland Fisheries Ireland in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or Inland Fisheries Ireland, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.”.</p>\n<p class=\"lf-p\">3.</p>\n<h3 class=\"lf-part\">Section 15(6) (inserted by</h3>\n<p class=\"lf-p\">section 11 of the Local Government (Water Pollution) (Amendment) Act 1990 ) Substitute the following subsection for subsection (6)— “(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.”.</p>\n<h3 class=\"lf-part\">PART 4</h3>\n<p class=\"lf-p\">Amendment of Worker Participation (State Enterprises) Act 1977 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">First Schedule (inserted by section 24 of the Worker Participation (State Enterprises) Act 1988 ) In Part III to the First Schedule substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 5</h3>\n<p class=\"lf-p\">Amendment of Ombudsman Act 1980 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Second Schedule (as amended by the Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985 ( S.I. No. 69 of 1985 )) Substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 6</h3>\n<p class=\"lf-p\">Amendment of Local Government (Water Pollution) (Amendment) Act 1990 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 26</h3>\n<p class=\"lf-p\">Substitute “Inland Fisheries Ireland” for “a regional board”, “board concerned” and “board” where occurring.</p>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 27</h3>\n<p class=\"lf-p\">In Part II of the Table to section 27 substitute “Inland Fisheries Ireland” for “a regional board in whose functional area any of the waters concerned are situated”.</p>\n<p class=\"lf-p\">3.</p>\n<h3 class=\"lf-part\">Section 28</h3>\n<p class=\"lf-p\">Substitute “Inland Fisheries Ireland” for “regional board concerned” and “or board”.</p>\n<h3 class=\"lf-part\">PART 7</h3>\n<p class=\"lf-p\">Amendment of Fisheries (Amendment) Act 1991 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 16</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “within the State” for “in the fisheries region of the regional board by which it was issued”. (b) In subsection (3) substitute “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring. (c) In subsection (4) substitute “Inland Fisheries Ireland” for “each regional board”.</p>\n<h3 class=\"lf-part\">PART 8</h3>\n<p class=\"lf-p\">Amendment of Fisheries (Amendment) Act 1995 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 2</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board”. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board in respect of which a report is being prepared under this section” and “a report under this section” for “the report” respectively. (c) In subsection (3) substitute “Inland Fisheries Ireland” for “the board concerned”. (d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring. (e) In subsection (6) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.</p>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 3</h3>\n<p class=\"lf-p\">(a) In subsection (1)(a), (b) and (b)(ii) substitute “Inland Fisheries Ireland” for “a board” or “the board” where occurring. (b) In subsection (2)(a) substitute “Inland Fisheries Ireland” for “the board concerned”. (c) In subsection (3) substitute “Inland Fisheries Ireland” for “a board” and “the said board” where occurring. (d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board”. (e) In subsection (7) substitute “Inland Fisheries Ireland” for “a board”.</p>\n<p class=\"lf-p\">3.</p>\n<h3 class=\"lf-part\">Section 4</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board to which a notice aforesaid is given”.</p>\n<p class=\"lf-p\">4.</p>\n<h3 class=\"lf-part\">Section 5</h3>\n<p class=\"lf-p\">In subsection (10) substitute “Subsections (6) and (7) of section 18 of the Inland Fisheries Act 2010” for “Subsections (4) and (5) of section 24 of the Act of 1980” and substitute “subsection (4) of that section” for “subsection (2) of that section”.</p>\n<p class=\"lf-p\">5.</p>\n<h3 class=\"lf-part\">Section 6</h3>\n<p class=\"lf-p\">(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring. (c) In subsection (4) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring. (d) In subsection (6) substitute “Inland Fisheries Ireland” for “the board concerned”.</p>\n<p class=\"lf-p\">6.</p>\n<h3 class=\"lf-part\">Section 7</h3>\n<p class=\"lf-p\">Substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring.</p>\n<p class=\"lf-p\">7.</p>\n<h3 class=\"lf-part\">Section 8</h3>\n<p class=\"lf-p\">Substitute the following for section 8: “8.— (1) The Minister may remove from office a member of IFI who is responsible for a failure to comply with a requirement or request made of IFI under subsection (2) or (3) of section 2, or section 7 of this Act.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section is without prejudice to the provisions of sections 17</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>and 18</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Inland Fisheries Act 2010.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>References to sections 17</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>and 18</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Inland Fisheries Act 2010 shall be construed as including references to this section.”.</div>\n<p class=\"lf-p\">8.</p>\n<h3 class=\"lf-part\">Section 9</h3>\n<p class=\"lf-p\">In subsection (3) substitute “Inland Fisheries Ireland” for “a board concerned”.</p>\n<p class=\"lf-p\">9.</p>\n<h3 class=\"lf-part\">Section 10</h3>\n<p class=\"lf-p\">Substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.</p>\n<h3 class=\"lf-part\">PART 9</h3>\n<p class=\"lf-p\">Amendment of Dumping at Sea Act 1996 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 6</h3>\n<p class=\"lf-p\">(a) In subsection (1)(b)— (i) delete “, in relation to the fisheries regions created under section 10 of the Fisheries Act, 1980 ,”, and (ii) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board established by the said Act,”. (b) Delete subsection (1)(c).</p>\n<h3 class=\"lf-part\">PART 10</h3>\n<p class=\"lf-p\">Amendment of Freedom of Information Act 1997 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Third Schedule At the end of Part I insert— (a) in column (2), “Inland Fisheries Act 2010.”, and (b) in column (3), “</p>\n<h3 class=\"lf-part\">Section 36</h3>\n<p class=\"lf-p\">.” opposite the mention in column (2) of the Inland Fisheries Act 2010.</p>\n<h3 class=\"lf-part\">PART 11</h3>\n<p class=\"lf-p\">Amendment of Fisheries (Amendment) Act 1997 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 39</h3>\n<p class=\"lf-p\">In subsection (2) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.</p>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 77</h3>\n<p class=\"lf-p\">In subsection (1) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.</p>\n<h3 class=\"lf-part\">PART 12</h3>\n<p class=\"lf-p\">Amendment of Prompt Payment of Accounts Act 1997 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule (a) Insert “Inland Fisheries Ireland”, and (b) delete “Central Fisheries Board” and “Regional Fisheries Boards”.</p>\n<h3 class=\"lf-part\">PART 13</h3>\n<p class=\"lf-p\">Amendment of Taxes Consolidation Act 1997 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule 4 (a) Delete— (i) “18. The Central Fisheries Board.”, (ii) “33. Eastern Regional Fisheries Board.”, (iii) “80. The Northern Regional Fisheries Board.”, (iv) “81. The North Western Regional Fisheries Board.”, (v) “93. The Shannon Regional Fisheries Board.”, (vi) “94. The Southern Regional Fisheries Board.”, (vii) “95. “The South Western Regional Fisheries Board.”, and (b) insert the following after paragraph 53A, “53AB. Inland Fisheries Ireland.”.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">Schedule 13 (a) Delete paragraphs 96 and 97, and (b) insert after paragraph 173— “174. Inland Fisheries Ireland.”.</p>\n<h3 class=\"lf-part\">PART 14</h3>\n<p class=\"lf-p\">Amendment of Official Languages Act 2003 Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule 1 (a) In paragraph 1(2) of the Irish text substitute “Iascach Intíre Éireann” for “An Príomh-Bhord Iascaigh agus Boird Iascaigh Réigiúnacha”. (b) In paragraph 1(2) of the English text substitute “Inland Fisheries Ireland” for “Central and Regional Fisheries Boards”.</p>\n<h3 class=\"lf-part\">PART 15</h3>\n<p class=\"lf-p\">Amendment of Maritime Safety Act 2005 Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">Section 18</h3>\n<p class=\"lf-p\">In paragraph (e) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board (within the meaning of the Fisheries Act 1980 )”.</p>\n<p class=\"lf-p\">SCHEDULE 3 Consequential Amendments of Certain Statutory Instruments</p>\n<h3 class=\"lf-part\">Section 8</h3>\n<p class=\"lf-p\">.</p>\n<h3 class=\"lf-part\">PART 1</h3>\n<p class=\"lf-p\">Amendment of Superannuation (Designation of Approved Organisations) Regulations 1981 ( S.I. No. 437 of 1981 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule (a) Delete “Central Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 2</h3>\n<p class=\"lf-p\">Amendment of Local Government (Water Pollution) Regulations 1992 ( S.I. No. 271 of 1992 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 14(3) (a) Delete paragraphs (d) and (e), and (b) insert “(h) Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 3</h3>\n<p class=\"lf-p\">Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 ( S.I. No. 394 of 1993 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Third Schedule, Part I (a) Delete “Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 4</h3>\n<p class=\"lf-p\">Amendment of Environmental Protection Agency (Licensing) Regulations 1994 ( S.I. No. 85 of 1994 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 20(1) (as amended by Article 4 of the Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 ( S.I. No. 394 of 2004 )) (a) Delete paragraph (c), and (b) insert “(cc) Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 5</h3>\n<p class=\"lf-p\">Amendment of Environmental Protection Agency (Licensing Fees) Regulations 1994 ( S.I. No. 130 of 1994 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 8(3) In paragraph (e) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 6</h3>\n<p class=\"lf-p\">Amendment of District Court Rules 1997 ( S.I. No. 93 of 1997 ) Item Provision affected Amendment 1.</p>\n<h3 class=\"lf-part\">PART III</h3>\n<p class=\"lf-p\">Order 65 Fisheries In paragraph 2(3) substitute “Inland Fisheries Ireland” for “the Regional Board in whose fisheries region he or she carries on or proposes to carry on business”.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">Schedule C (Forms in Civil Proceedings) No. 65.1 (Notice of application for a Certificate of Fitness) Substitute “Inland Fisheries Ireland” for “The Regional Fisheries Board”.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">Schedule C (Forms in Civil Proceedings) No. 65.14 (Warrant under Section 297) Substitute “Inland Fisheries Ireland” for “a Regional Board” and “that Board” where occurring.</p>\n<h3 class=\"lf-part\">PART 7</h3>\n<p class=\"lf-p\">Amendment of Aquaculture (Licence Application) Regulations 1998 ( S.I. No. 236 of 1998 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Regulation 10(1) (a) Delete paragraphs (g) and (h), and (b) insert “(gg) Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 8</h3>\n<p class=\"lf-p\">Amendment of Control of Dogs Regulations 1998 ( S.I. No. 442 of 1998 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 7(1) In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 9</h3>\n<p class=\"lf-p\">Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Second Schedule, Part 1 Substitute “Inland Fisheries Ireland” for “Regional Fisheries Boards”.</p>\n<h3 class=\"lf-part\">PART 10</h3>\n<p class=\"lf-p\">Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 ( S.I. No. 538 of 2001 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 10(1) In paragraph (a) substitute “Inland Fisheries Ireland” for “the appropriate regional fisheries board”.</p>\n<h3 class=\"lf-part\">PART 11</h3>\n<p class=\"lf-p\">Amendment of Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 13 (inserted by Article 5 of the Planning and Development Regulations 2006 ( S.I. No. 685 of 2006 )) (a) Delete paragraphs (k) and (u), and (b) insert new paragraph “(ss) Inland Fisheries Ireland”.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">Article 15 (inserted by Article 7 of S.I. No. 685 of 2006 ) In paragraph (k) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board and any Regional Fisheries Board whose area is within the region for which guidelines are prepared”.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">Article 28(1) (inserted by Part 4 of S.I. No. 685 of 2006 ) (a) In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”, and (b) in paragraph (q) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.</p>\n<p class=\"lf-p\">4.</p>\n<p class=\"lf-p\">Article 82(3) (inserted by Article 18 of S.I. No. 685 of 2006 ) In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">Article 121(1) (inserted by Article 29 of S.I. No. 685 of 2006 ) In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.</p>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">Article 179(2) In paragraph (k) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.</p>\n<p class=\"lf-p\">7.</p>\n<p class=\"lf-p\">Article 213(1) (inserted by Article 41 of S.I. No. 685 of 2006 ) In paragraph (j) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">Schedule 2, Part 1, Class 52 Substitute “Inland Fisheries Ireland” for “a Regional Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 12</h3>\n<p class=\"lf-p\">Amendment of Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 ( S.I. No. 530 of 2002 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule (a) Delete “The Central Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 13</h3>\n<p class=\"lf-p\">Amendment of European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">First Schedule (a) Delete “the regional fisheries boards in the area” and “the Central Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 14</h3>\n<p class=\"lf-p\">Amendment of Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Article 18(1) In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">Article 42(3) In paragraph (d) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.</p>\n<h3 class=\"lf-part\">PART 15</h3>\n<p class=\"lf-p\">Amendment of European Communities (Quality of Shellfish Waters) Regulations 2006 ( S.I. No. 268 of 2006 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Schedule 1 (a) Delete “the relevant regional fisheries board” and “the Central Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.</p>\n<h3 class=\"lf-part\">PART 16</h3>\n<p class=\"lf-p\">Amendment of Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ) Item Provision affected Amendment 1.</p>\n<p class=\"lf-p\">Regulation 21(1) In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.</p>\n<p class=\"lf-p\">SCHEDULE 4 Redress for Contravention of Section 38</p>\n<h3 class=\"lf-part\">Section 38</h3>\n<p class=\"lf-p\">.</p>\n<p class=\"lf-p\">Complaints to rights commissioner.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">1.</span>(1) An employee or any trade union of which the employee is a member, with the consent of the employee, may present a complaint to a rights commissioner that IFI has contravened section 38</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>in relation to the employee.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a complaint under subparagraph (1) is made, the rights commissioner shall— (a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, (b) give a decision in writing in relation to the complaint, and (c) communicate the decision to the parties.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A decision of a rights commissioner under subparagraph (2) shall do one or more of the following: (a) declare that the complaint was or, as the case may be, was not well founded, (b) require IFI to take a specified course of action, (c) require IFI to pay the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration in respect of the employee’s employment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).</div>\n<p class=\"lf-p\">Appeal from decision of rights commissioner.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">2.</span>(1) A party concerned may appeal to the Labour Court from a decision of a rights commissioner under paragraph 1 and, if the party does so, the Labour Court shall— (a) give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, (b) make a determination in writing in relation to the appeal affirming, varying or setting aside the decision, and (c) communicate the determination to the parties.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An appeal under this paragraph shall be initiated by the party concerned, giving, within 6 weeks (or such greater period as the Labour Court may determine in the particular circumstances) from the date on which the decision to which it relates was communicated to the party, a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court under subparagraph (4) and stating the intention of the party concerned to appeal against the decision.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A copy of a notice under subparagraph (2) shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The following matters, and the procedures to be followed in relation to them, shall be determined by the Labour Court, namely: (a) the procedure in relation to all matters concerning the initiation and the hearing by the Labour Court of appeals under this paragraph; (b) the times and places of hearings of such appeals; (c) the representation of the parties to such appeals; (d) the publication and notification of determinations of the Labour Court; (e) the particulars to be contained in a notice under subparagraph (2); and (f) any matters consequential on, or incidental to, the foregoing matters.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Minister may, at the request of the Labour Court, refer a question of law arising in proceedings before it under this paragraph to the High Court for its determination and the determination of the High Court shall be final and conclusive.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A party to proceedings before the Labour Court under this paragraph may appeal to the High Court from a determination of the Labour Court on a point of law and the determination of the High Court shall be final and conclusive.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Section 39(17) of the Redundancy Payments Act 1967 applies in relation to proceedings before the Labour Court under this Part as it applies to matters referred to the Employment Appeals Tribunal under that section with— (a) references to the Labour Court to be read as references to the Tribunal, (b) paragraph (d) to be read as if “registered” was omitted, and (c) reference to a fine not exceeding £150 in paragraph (e) to be read as reference to a fine not exceeding €5,000.</div>\n<p class=\"lf-p\">Paragraphs 1 and 2: supplemental provisions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>(1) Where a decision of a rights commissioner in relation to a complaint under this Schedule has not been carried out by IFI in accordance with its terms, the time for bringing an appeal against the decision has expired and no such appeal has been brought, the employee concerned may bring the complaint before the Labour Court and the Labour Court shall, without hearing IFI or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the decision.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The bringing of a complaint before the Labour Court under subparagraph (1) shall be effected by giving to the Labour Court a written notice containing such particulars (if any) as may be determined by the Labour Court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under subparagraph (4)(a), (b), (c), (e) and (f) of paragraph 2 (not being a determination as respects a particular appeal under that paragraph) and subparagraph (2).</div>\n<p class=\"lf-p\">Enforcement of determinations of Labour Court.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>(1) If IFI fails to carry out in accordance with its terms a determination of the Labour Court in relation to a complaint under paragraph 1 within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by— (a) the employee concerned, or (b) with the consent of the employee, any trade union of which the employee is a member, without hearing IFI or any evidence (other than in relation to the matters aforesaid), make an order directing IFI to carry out the determination in accordance with its terms.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The reference in subparagraph (1) to a determination of the Labour Court is a reference to a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought it has been abandoned and the references to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as references to the date of such abandonment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In an order under this paragraph providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct IFI to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Courts Act 1981 , in respect of the whole or any part of the period beginning 6 weeks after the date on which the determination of the Labour Court is communicated to the parties and ending on the date of the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>An application under this paragraph shall be made to the Circuit Court sitting in the Circuit in which is situated the place of work (within the meaning of the Safety, Health and Welfare at Work Act 2005 ) at which the employee is normally employed by IFI.</div>\n<p class=\"lf-p\">SCHEDULE 5 Provisions Referred to in Sections 60 , 61 and 62 Sections 60 , 61 and 62 .</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">1.</span>Where an application to which this Schedule applies is made, the applicant shall: (a) deposit and keep deposited, at the place or each of the places appointed by the Minister, for such period (being a period of not less than 3 weeks) as the Minister directs, a copy of the application and of any plan which accompanied it; (b) publish in such newspapers as the Minister directs notice of the making of the application stating the place or places at which the application and any accompanying plan may be inspected under Article 3 during a period specified in the notice (which period shall be the period so directed) and also stating that notice of representations or objections as regards the proposed authorisation or acquisition order, as the case may be, may be given in writing to the Minister during the said period (which notices are hereby authorised to be so given); (c) not later than 2 weeks before the expiration of the period so directed, serve a notice in writing containing the particulars mentioned in and complying with the requirements of Article 2 on the owner, and if the owner is not in occupation of it, such one or more of the following as are in the circumstances appropriate, namely: (i) the owner of the fishery, premises or other land proposed to be acquired if the owner can be so ascertained, and, if the owner is not in occupation of it, the occupier of such fishery, premises or other land; (ii) the owner of the land comprising the proposed servient tenement if the owner can by reasonable enquiry be ascertained and, if the owner is not in occupation of it, the occupier of such land; (iii) the person entitled to enjoy any right proposed to be acquired, if such person can be so ascertained; and (d) in case the application is an application under section 62 , not later than the expiration of the period so directed, serve a notice in writing of the making of the application on— (i) the Commissioners, and (ii) any planning authority within whose functional area the servient tenement to which the application relates (or any part thereof) is situate.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">2.</span>A notice referred to in Article 1 shall indicate the situation of the servient tenement or other land to which the application, if granted, would relate and with which the person on whom the notice is served is concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>Where an application to which this Schedule applies is made, any person may during the period specified in a notice published under Article 1 inspect at a place specified in the notice at any reasonable hour any application and any document deposited with it.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>A dispute or difference as to the amount of compensation payable under this Act shall not be a ground for objection to the making of an acquisition order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">5.</span>The following shall be entitled to be heard (either in person or through counsel or a solicitor) on the hearing, whether by the Minister or on appeal, of an application to which this Schedule applies, namely: (a) the applicant; (b) the owner of the fishery or land proposed to be acquired or, where appropriate, the owner of the proposed servient tenement; (c) any person entitled to the enjoyment of any right proposed to be acquired; (d) any person by whom a notice has been duly given in relation to the application under Article 1(b); (e) in case the application is an application under section 62 — (i) the Commissioners, and (ii) the planning authority on which notice relating to the application has been served in accordance with Article 1(d).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">6.</span>Where an application is made for an order under section 60 or 62 the following provisions shall apply: (a) the Minister may, for the purpose of enabling the ownership of a proposed servient tenement to be ascertained, direct the applicant to give to any person who is the occupier of the land or who, either directly or indirectly, receives rent in respect of the land, a notice in writing requiring him or her to state in writing the nature of his or her own interest in it and the name and address of any other person known to him or her as having an interest in it, whether as owner in fee simple, mortgagee, lessee or otherwise, and (b) if the Minister or the Arbitrator, as the case may be, is satisfied that after diligent inquiry the owner of the fishery proposed to be acquired, or, in case the application is either for an order under section 62 or for an order under section 60 providing for the acquisition of a way-leave, right of access or other right over, in or under land, the owner of the proposed servient tenement, cannot be found or ascertained, the application or an appeal under section 60 or 62 may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">7.</span>Every acquisition order shall— (a) in case the order is an order under section 62 or an order under section 60 which provides for the acquisition of a right of access— (i) have attached to it a map showing the route of the right of way or right of access thereby created or acquired and its extent, (ii) subject to such restrictions and provisions (if any) as may be specified in it, operate to grant to the applicant the right of way or access free from all claims and all other rights of any other person, (iii) in case the order is made under section 62 , be expressed and operate to confer, as may be provided for by the order, either or both of the following, namely: (I) on the members, officers, servants, agents and licensees of IFI, for the purpose of enabling surveys to be made or improvement or other works connected with a fishery to be carried out, a right to pass and repass at all reasonable times with or without vehicles (whether laden or unladen) or other machinery or equipment or animals along such route over the land over which such right of way is exercisable, (II) on any person a right to pass and repass for the purpose of gaining access to fishing waters and lawfully fishing in them (whether from their banks or otherwise), together with a right to make reasonable use for fishing of any bank or other part of the servient tenement forming part of or immediately adjacent to a fishery, (b) in case the order is an order under section 60 — (i) be expressed and operate to transfer to IFI, on and from the date specified in it in that behalf, all the estate, right, title and interest in the relevant fishery of the person from whom it was acquired, free from encumbrances and from all estates and interests in it (except such angling right, if any, as may be reserved by the order) together with such of the following (if any) as the order may specify, namely, any other estate or interest in land or any estate or interest in any way-leave, right of access, or other easement or other right over, in or under land or water, and in case the order so specifies, operate to transfer the bed and soil of the waters comprising the fishery in fee simple free from encumbrances and from all such estates and interests in it, (ii) describe the fishery thereby acquired, specify the means of access to it and so acquired (if any) and have attached to it a map showing the area and situation of such fishery and any such means of access, and (iii) be admissible in any legal proceedings as evidence as to the kind and the area of the relevant fishery as stated in it.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">8.</span>(1) Where a decision is made by the Minister under section 60 or an order is made under section 60 , 61 or 62 , the decision or order shall come into force— (a) in case no appeal in respect of it is taken, upon the expiration of the period during which such an appeal may be taken, or (b) in case such an appeal is taken and the appeal is withdrawn, on the expiration of the period mentioned in subparagraph (a) or on the day next following the day on which the appeal is withdrawn, whichever is the later.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an order to which this Schedule applies is made by the Minister and is confirmed or varied by the Arbitrator on an appeal under this Act, or where a refusal by the Minister is so affirmed or any other decision is made by the Arbitrator on an appeal under this Act, then unless the Arbitrator otherwise directs, the decision on the appeal shall come into force on the day immediately following the day on which it is made, and, in case the Arbitrator gives a direction under this subparagraph, the decision to which the direction relates shall come into force on the day specified in that direction.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">9.</span>An order to which this Schedule applies may contain provisions authorising the person in whose favour it is made at any time before ascertainment of the compensation payable under this Act as regards the fishery or other land or a right over, in or under land or water, being acquired under the order to enter and take possession and to use such land or to exercise such right in exercise of the powers conferred by the order, and, in case the order contains such provisions, it shall also contain provisions— (a) requiring such person, if the person so enters and takes possession of the land or exercises such right, to pay interest on the amount of the compensation so payable at such rate as shall be determined from time to time by the Minister for Finance, from the date on which such power was exercised until payment, (b) requiring the person in whose favour the order is made, if the person so enters and takes possession of the land or so exercises any right over, in or under land or water, to give to the occupier of the land at least one month’s previous notice in writing of the intention so to exercise such right, (c) authorising such person to serve the notice aforesaid on a person by sending it by prepaid post in an envelope addressed to the person at his or her usual or last known address and deeming the notice to have been served on the person at the time at which the envelope would be delivered in the ordinary course of post and, when the address of the person cannot be ascertained by reasonable inquiry, authorising the person in whose favour the order is made to serve the notice by affixing it in a conspicuous position on or near the land to which it relates and authorising the addressing of the envelope to the person for whom it is intended, in case his or her name cannot be ascertained by reasonable inquiry, by addressing it to “the owner” or “the occupier”(as the case may require) without naming him or her.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">10.</span>Where an order under section 60 or 61 is made, the following provisions shall apply: (a) the order shall operate, on and from its commencement, to transfer and attach to the relevant amount paid under this Act to a person as compensation all estates, trusts and encumbrances existing in respect of the interest of the person in the fishery or other land or water immediately before the date of the order; and (b) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the said interest, represent that interest for all purposes.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>(1) Whenever the Minister gives an authorisation under section 60</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>, he or she shall, as soon as may be after the authorisation is given, serve on the owner of the fishery to which the authorisation relates, and on any person (other than such owner) by whom a notice in relation to the authorisation has been duly given under Article 1(b) as regards the authorisation, a copy of the authorisation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Whenever the Minister makes an order under section 60 , 61 or 62 , he or she shall, as soon as may be after the order is made, cause notice of the making of such order to be published in the Iris Oifigiúil, which notice shall state the period within which an appeal may be taken under section 60 , 61 or 62 , and shall, as soon as may be, serve on the owner of the fishery to which the order relates a copy of the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">12.</span>(1) Where a fishery or any land is transferred to IFI by virtue of an order under this Act, the registering authority under the Registration of Title Act 1964 , shall upon production of a copy of the order under the official seal of the Minister register IFI in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the fishery or other land and the authority shall, in addition, cause such other alterations (if any) to be made in such register as are appropriate having regard to the terms of the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where land over which a right of way is created by an order under section 62 is or is deemed to be registered under the Registration of Title Act 1964 , the registering authority under that Act shall on production of a copy of the order under the official seal of the Minister register the said right of way as a burden affecting the said land.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>No fee shall be payable in respect of any proceedings in the Land Registry under this Article.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">13.</span>The validity or effect of an order to which this Schedule applies shall not be affected by any non-compliance with any provision contained in this Schedule relating to the service of a copy of such order on a particular person or the publication of notice of the making thereof in the Iris Oifigiúil.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>In this Schedule— “acquisition order” means an order made by the Minister under section 60 , 61 or 62 .</div>\n<p class=\"lf-p\">SCHEDULE 6 Fixed Charge Notice Section 80 .</p>\n<h3 class=\"lf-part\">PART 1</h3>\n<p class=\"lf-p\">Provision of Fisheries (Consolidation) Act 1959 Reference Number Provision Description</p>\n<p class=\"lf-p\">(1)</p>\n<p class=\"lf-p\">(2)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>1.</div>\n<h3 class=\"lf-part\">Section 137(2)(a)</h3>\n<p class=\"lf-p\">Angling for salmon during annual close season.</p>\n<p class=\"lf-p\">2.</p>\n<h3 class=\"lf-part\">Section 138(2)(a)</h3>\n<p class=\"lf-p\">Angling for trout during annual close season.</p>\n<p class=\"lf-p\">3.</p>\n<h3 class=\"lf-part\">Section 162(1)(b) (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">Holder of Part X licence failing to display licence.</p>\n<p class=\"lf-p\">4.</p>\n<h3 class=\"lf-part\">Section 163(4) (inserted by section 20 of the Act of 1994)</h3>\n<p class=\"lf-p\">Holder of Part X licence failing to keep or to make an entry in a register or failing to produce for inspection a register or documents.</p>\n<p class=\"lf-p\">5.</p>\n<h3 class=\"lf-part\">Section 178</h3>\n<p class=\"lf-p\">Unauthorised entry on several fishery.</p>\n<p class=\"lf-p\">6.</p>\n<h3 class=\"lf-part\">Section 287</h3>\n<p class=\"lf-p\">Obstructing persons lawfully fishing.</p>\n<p class=\"lf-p\">7.</p>\n<h3 class=\"lf-part\">Section 291</h3>\n<p class=\"lf-p\">Giving warning to person unlawfully fishing.</p>\n<p class=\"lf-p\">8.</p>\n<h3 class=\"lf-part\">Section 303(2)</h3>\n<p class=\"lf-p\">Failing to produce a licence on demand.</p>\n<h3 class=\"lf-part\">PART 2</h3>\n<p class=\"lf-p\">Bye-laws made or deemed to have been made under section 57 Reference Number Description of type of bye-laws made or deemed to have been made under section 57</p>\n<p class=\"lf-p\">(1)</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>1.</div>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the having on board any boat a drift net, draft net, snap net or other fishing engine other than rod and line.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the use of any lure other than artificial fly in angling for any kind of fish with rod and line.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the use of prawn, shrimp, any other crustacean or artificial forms thereof as bait in angling.</p>\n<p class=\"lf-p\">4.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the taking, killing or having in possession a fish of any kind which is less than a specified length.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the taking or having in possession more than a specified number of any kind of fish.</p>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the taking, having in possession or control, selling or offering for sale any sea trout.</p>\n<p class=\"lf-p\">7.</p>\n<p class=\"lf-p\">Contravention of a bye-law prohibiting the fishing, or attempting to fish, for bass.</p>\n<p class=\"lf-p\">Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais</p></div>", "next": 0}