Fisheries Act, 1939

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Compensation in respect of transferable fisheries.

67.—(1) Compensation shall be paid by the Minister for every transferable fishery vested in the Minister under this Chapter of this Part of this Act to the several persons entitled thereto or having estates or interests therein, and such compensation shall, in default of agreement, be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) The following provisions shall have effect in relation to the fixing of the compensation under this section in respect of a transferable fishery vested in the Minister by the operation of an ordinary vesting order, that is to say:—

(a) the arbitrator shall have regard primarily to—

(i) in case such fishery was used during the transition period, the profits of such fishery during the transition period,

(ii) in case such fishery was not used during the transition period, the sum which in the opinion of the arbitrator would have been the profits of such fishery if such fishery had been used during the transition period;

(b) such arbitrator shall also take into account (in addition to evidence submitted by other persons) any evidence submitted by the owner or occupier of the fishery of—

(i) the profits of such fishery before the commencement of the transition period, or

(ii) exceptional meteorological conditions or other conditions affecting the average catch during the transition period, or

(iii) the extent to which the owner or occupier has been permitted peaceful occupation during the transition period, or

(iv) any circumstances antecedent to the transition period which may have affected the earning power of the fishery during the transition period;

(c) such arbitrator may take into account any depreciation of such fishery during the transition period or of the structures or buildings used in connection therewith and described in the record survey of such fishery in so far as the same may be due to causes other than fair wear and tear.

(3) In assessing the compensation in respect of a transferable fishery vested in the Minister by the operation of a special vesting order, the value of such fishery shall be calculated as at the date on which it was last used.

(4) Where—

(a) a transferable fishery which has become vested in the Minister under this Chapter of this Part of this Act consisted of the exclusive right of catching salmon in the whole of the tidal waters of any river, and

(b) the proprietor of such fishery was at the date of such vesting the proprietor of the fisheries in all tributary rivers and lakes upon the course of such river, and

(c) such proprietor was lawfully entitled by virtue of the proviso to section 3 of the Salmon Fishery (Ireland) Act, 1863, to place any bag nets within three statute miles from the mouth of such river,

the right to so place such bag nets shall be deemed for the purposes of this section to form part of such fishery and shall be taken into account in determining compensation in respect of such fishery under this section.

(5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act, 1845 , shall apply to any compensation payable by the Minister under this section, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

(6) No claim for compensation under this section in respect of a transferable fishery shall be considered unless made within twenty-four months after the date on which such fishery was vested in the Minister.