S.I. No. 159/1939 - Oyster Fishery (River Shannon) Order, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 159.

OYSTER FISHERY (RIVER SHANNON) ORDER, 1939.

WHEREAS it is enacted by Section 2 of the Oyster Cultivation (Ireland) Act, 1884 (in these Recitals referred to as the Act of 1884) that the Inspectors of Irish Fisheries may make Orders for the establishment or improvement, and for the maintenance and regulation, of an oyster fishery on the shore and bed of the sea, or of any estuary or tidal river above or below or partly above and partly below low-water mark on an application by memorial presented to the said inspectors by any person or persons desirous of obtaining such an order:

AND WHEREAS it is enacted by Section 3 of the Act of 1884 that if on consideration of the memorial the Inspectors of Irish Fisheries think fit to proceed with the case they shall cause notices to that effect to be published and circulated in the district to be affected by said order, and shall give notice of the application in such manner as they shall think sufficient and proper for giving information to all parties interested, and to the owners or reputed owners, lessees or reputed lessees, and occupiers or reputed occupiers, so far as they may be known or ascertained, of the portion of the seashore to which the proposed order relates, or of the lands adjoining thereto :

AND WHEREAS it is enacted by Section 4 of the Act of 1884 that during one month after the publication of said notices the Inspectors of Irish Fisheries shall receive any objections or representations made to them in writing respecting the proposed order :

AND WHEREAS it is enacted by Section 5 of the Act of 1884 that after the expiration of one month the Inspectors of Irish Fisheries or any one of them shall proceed to hold an inquiry concerning the subject matter of the proposed order :

AND WHEREAS it is enacted by Section 6 of the Act of 1884 that as soon as conveniently may be after such inquiry the Inspectors of Irish Fisheries shall proceed to consider the objections or representations that have been made respecting the proposed order, and thereupon they shall either refuse the application or settle and make an order in such form, and containing such provisions as they think expedient :

AND WHEREAS the powers and duties conferred and imposed by the Act of 1884 on the Inspectors of Irish Fisheries are now by virtue of (amongst other enactments) Section 28 of the Fisheries Act, 1925 (No. 32 of 1925), exercisable and performable by the Minister for Agriculture :

AND WHEREAS it is enacted by sub-section (2) of Section 9 of the Shannon Fisheries Act, 1938 (No. 7 of 1938), that it shall be lawful for the Electricity Supply Board, whenever and so often as they think proper, to apply to the Minister for Agriculture for an order under the Act of 1884 for the establishment or improvement and the maintenance and regulation by the said Board of an oyster fishery in the tidal portion of the waters of the River Shannon, and the said Board have applied to the Minister for Agriculture for such an Order :

AND WHEREAS the requirements of Sections 3, 4, 5 of the Act of 1884 and the requirements, relating to the consideration of objections or representations, of Section 6 of the Act of 1884 have been duly complied with :

NOW, THEREFORE, I, SEAMAS O RIAIN, Minister for Agriculture, in exercise of the powers now exercisable by me under the Oyster Cultivation (Ireland) Act, 1884, and of every and any other power me in this behalf enabling, do hereby with the consent of the Minister of Industry and Commerce testified by his Official Seal affixed hereto, order as follows, that is to say :

1.—(1) This Order may be cited as the Oyster Fishery (River Shannon) Order, 1939.

(2) This Order shall come into operation on the 1st day of July, 1939.

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

3.—(1) Subject to the provisions of Section 16 of the Oyster Cultivation (Ireland) Act, 1884, the Foreshore Act, 1933 (No. 12 of 1933), and paragraph (2) of this Article, the Electricity Supply Board are hereby granted within the limits of the oyster fishery described in Part I of the Schedule hereto the exclusive right of depositing, propagating, dredging and fishing for and taking oysters for a term of fifty years from the 1st day of July, 1939, and in the exercise of that right may, within the limits of the said fishery, make and maintain oyster beds, and at any season collect oysters and remove the same from place to place, and deposit the same as and where they think fit, and do all other things which they think proper for obtaining, storing, and disposing of the produce of the said fishery, or for the regulation of the said fishery.

(2) The Electricity Supply Board shall not, without the previous consent in writing of the Minister for Industry and Commerce, exercise any of the rights or powers conferred on them by paragraph (1) of this Article over the part of the oyster fishery hereby granted which is described in Part II of the Schedule hereto.

SCHEDULE.

PART I.

LIMITS AND EXTENT OF OYSTER FISHERY GRANTED BY THIS ORDER.

So much of the River Shannon and the tidal creeks thereof as lie between the weir or dam known as Corbally Mill Weir and an imaginary straight line drawn from Kilconly Point in the townland of Kilconly North and County of Kerry to Kilcredaun Point in the Townland of Kilcredaun and County of Clare.

PART II.

PART OF THE SAID OYSTER FISHERY OVER WHICH THE EXERCISE OF RIGHTS AND POWERS IS SUBJECT TO THE CONSENT OF THE MINISTER FOR INDUSTRY AND COMMERCE.

So much of the oyster fishery granted by this Order as lies eastward of an imaginary straight line drawn from Labasheeda Quay in the town of Labasheeda and County of Clare to Carrigeen Rocks in the vicinty of the town of Loghill in the County of Limerick.

Given under my Seal of Office this 9th day of June, 1939.

SÉAMAS RIAIN,

Minister for Agriculture.

The Minister for Industry and Commerce hereby consents to the foregoing Order.

Given under the Official Seal of the Minister for Industry and Commerce this 20th day of June, 1939.

JOHN LEYDON, Secretary,

Department of Industry and Commerce.