Fisheries Act, 1939
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Construction of free gaps in fishing weirs. |
29.—(1) Whenever, notwithstanding any decision made by the Special Commissioners under the provisions of the Salmon Fishery (Ireland) Act, 1863, or any court of competent jurisdiction prior to the passing of this Act, the Minister is satisfied that there is not in a fishing weir a gap in accordance with section 9 of that Act, the Minister may cause to be served on the occupier of such fishing weir a notice requiring such occupier to construct, in accordance with the said section 9 and within the time (not being less than one month from the service of such notice) specified in such notice, a free gap in such fishing weir. | |
(2) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, such occupier may, within one month after the service of such notice, apply to the Judge of the Circuit Court within whose jurisdiction such fishing weir is situate for an order quashing such notice on the ground that there is already in such fishing weir a free gap in accordance with section 9 of the Salmon Fishery (Ireland) Act, 1863, and thereupon the following provisions shall have effect, that is to say:— | ||
(a) such occupier shall give notice to the Minister of the application; | ||
(b) such occupier and the Minister shall be entitled to appear on the hearing of the application and to adduce evidence; | ||
(c) if such Judge is satisfied that there is already in such fishing weir a free gap in accordance with the said section 9, he shall quash such notice and direct the Minister to pay to such occupier the costs of the occupier of and incidental to the application, and such notice shall be deemed not to have been served; | ||
(d) if such Judge is not so satisfied he shall refuse the application and direct such occupier to pay to the Minister the costs of the Minister of and incidental to the application, and may also amend such notice by extending the time specified in such notice for compliance therewith;. | ||
(e) the decision of such Judge on the application shall be final and conclusive and not appealable. | ||
(3) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:— | ||
(a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than fifty pounds nor more than one hundred pounds, | ||
(b) the Minister may, (whether proceedings have or have not been taken against such occupier under paragraph (a) of this sub-section) by himself, his officers or any other person enter on such fishing weir and any land adjoining such fishing weir and construct a free gap in such weir. | ||
(4) Where the Minister constructs under this section a free gap in a fishing weir he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such fishing weir the expenses incurred by the Minister in constructing such free gap. | ||
(5) Whenever the Minister is entitled under this section to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses. | ||
(6) Where any consequential damages arise out of the construction by the Minister of a free gap in a fishing weir, the occupier of such fishing weir shall be liable for such damages. | ||
(7) Where a free gap has been made in a fishing weir under this section, rules 2, 3 and 4 set out in section 12 of the Salmon Fishery (Ireland) Act, 1863 shall apply in respect of such free gap. | ||
(8) Nothing in this section shall be construed as affecting section 19 of the Shannon Fisheries Act, 1935 (No. 4 of 1935). | ||
(9) This section shall not apply in respect of any fishing weir which was the subject of an order under section 11 of the Salmon Fishery (Ireland) Act, 1863. | ||
(10) An offence under this section may be prosecuted by the Minister. |