S.I. No. 15/1938 - River Erne (Special Local Licence Duty) (Method of Payment) Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 15.

RIVER ERNE (SPECIAL LOCAL LICENCE DUTY) (METHOD OF PAYMENT) ORDER, 1938.

WHEREAS it is enacted by sub-section (1) of section 2 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), that where a board of conservators are authorised by order of the Minister for Agriculture under the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), to issue special local licences to use, in particular tidal waters to which the said last-mentioned Act applies situate in their district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the said Minister may, whenever and so often as he thinks fit, by order do the following things, that is to say:—

(a) declare that such three periods in each year as the said Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;

(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters any engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof:

AND WHEREAS by virtue of the River Erne (Tidal Waters) Order, 1934 (Statutory Rules and Orders No. l77 of 1934), the said Fisheries (Tidal Waters) Act, 1934 , applies to the tidal waters of the River Erne, and the said tidal waters are situate within the No. 13 or Ballyshannon District:

AND WHEREAS by virtue of the River Erne (Special Local Licences) Order, 1934 (Statutory Rules and Orders No. 178 of 1934), the board of conservators of the No. 13 or Ballyshannon District are authorised to issue special local licences to use in the said tidal waters draft nets:

NOW, THEREFORE, I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the power conferred upon me by sub-section (1) of section 2 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say:—

1 Short title and commencement.

1.—(1) This Order may be cited as the River Erne (Special Local Licence Duty) (Method of Payment) Order, 1938.

(2) This Order shall come into operation on the 1st day of March, 1938.

2 Application of Interpretation Act, 1937 .

2.—The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Definitions

3.—In this Order—

the expression "the Board" means the board of conservators of the No. 13 or Ballyshannon District;

the expression "special local licence" means a special local licence to use in the tidal waters of the river Erne a draft net for the taking of salmon or trout.

4 First, second and third issue periods.

4.—Each of the following periods in each year shall be an issue period for the purposes of this Order, that is to say:—

(a) the period (in this Order referred to as the first issue period) commencing on the 1st day of March and ending on the 1st day of May;

(b) the period (in this Order referred to as the second issue period) commencing on the 2nd day of May and ending on the 15th day of May;

(c) the period (in this Order referred to as the third issue period) commencing on the 16th day of May and ending on the 29th day of May.

5 Issue of draft net licences during the first issue period.

5.—The Board may issue during the first issue period in any year a special local licence on payment of one-fourth of the appropriate special local licence duty, subject however to the following conditions (which shall be endorsed on such licence) that the balance of such duty shall be paid in three equal instalments, whereof the first shall be paid not later than the 15th day of May in such year, the second not later than the 29th day of May in such year, and the third not later than the 12th day of June in such year.

6 Issue of draft net licences during the second issue period.

6.—The Board may issue during the second issue period in any year a special local licence on payment of one-half of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid in two equal instalments, whereof the first shall be paid not later than the 29th day of May in such year and the second not later than the 12th day of June in such year.

7 Issue of draft net licences during third issue period.

7.—The Board may issue during the third issue period in any year a special local licence on payment of three-fourths of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on such licence) that the balance of such duty shall be paid not later than the 12th day of June in such year.

Given under my Seal of Office this 25th day of

February, 1938.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.