Shannon Fisheries Act, 1935

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PART II.

Compensation for Injuries to Fisheries.

Compensation for injuries to fisheries.

4.—(1) Every person who has suffered loss or damage (whether before or after the passing of this Act) by reason of injury to a fishery or fishing right owned or held by or vested in him and situate in or exercisable over the waters or any part of the waters of the River Shannon shall be entitled to be paid by the Board compensation, assessed under and in accordance with this Act, in respect of such loss or damage if, but only if, such injury was caused by the operation of the Shannon hydro-electric works, whether by the operation generally of those works or by any particular mode or course of or negligence in the operation of the said works.

(2) Every application for compensation under this section shall be made in writing to the Board and, in the case of an injury alleged to have happened or begun before the passing of this Act, shall be made within one year after the passing of this Act and, in every other case, shall be made within three years after the injury is alleged to have happened or begun.

(3) No compensation shall be payable under this section in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act nor in respect of an injury in relation to which no application for compensation is duly made under and in accordance with and within the time limited by this section.

(4) No action shall lie or be deemed ever to have lain against any person and no compensation under the Act of 1925 shall be or be deemed ever to have been payable in respect of any loss or damage or any injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.