Fisheries Act, 1939

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Payment of special local licence duties by instalments.

54.—(1) Where a board of conservators is authorised by order of the Minister under the Act of 1934 to issue special local licences to use, in particular tidal waters to which the said Act applies situate in its fishery district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the Minister may, whenever and as 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 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 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 each 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 each 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 each 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.

(2) An order under this section may relate to different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of engine, net, instrument or device for the taking of salmon or trout to which the order relates,

(3) The Minister may by order revoke or amend any order made under this section (including this sub-section).

(4) Where a special local licence is issued by a board of conservators in exercise of the powers conferred on such board by an order under this section, the following provisions shall have effect, that is to say:—

(a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and

(b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.

(5) In this section the expressions “special local licence” and “the appropriate special local licence duty” have the same respective meanings as they have in the Act of 1934.

(6) Any order made by the Minister under section 2 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937) and in force at the commencement of this section shall be deemed to be made under this section and may accordingly be revoked or amended by an order made under this section, and until so revoked and subject to any such amendment shall continue in force.