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S.I. No. 15/1943 - River Lackagh (Special Local Licences) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 15.

RIVER LACKAGH (SPECIAL LOCAL LICENCES) ORDER, 1943.

WHEREAS it is enacted by sub-section (1) of Section 4 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), that the Minister for Agriculture may from time to time by order authorise the board of conservators within whose district particular tidal waters to which the said Act applies are situate to issue licences (in the said Act referred to as special local licences) to use in such tidal waters any specified kind of engine, net, instrument or device (being an engine, net, instrument or device of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and it is enacted by sub-section (2) of the said section that whenever the said Minister makes an order authorising the issue of special local licences to use in particular tidal waters to which the said Act applies, any particular kind of engine, net, instrument or device for the taking of salmon or trout, he shall by the same order, with the consent of the Minister for Finance, fix the licence duty to be paid in respect of such licences, and it is enacted by sub-section (3) of the said section that different licence duties may be fixed under the said section in respect of special local licences to use in particular tidal waters to which the said Act applies different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and different licence duties may be fixed under the said section in respect of different tidal waters to which the said Act applies, and it is enacted by sub-section (4) of the said section that the licence duty to be fixed under the said section in respect of special local licences to use a particular kind of engine, net, instrument or device for taking salmon or trout shall not in any case be less than the licence duty payable under the Fisheries Acts, 1842 to 1925, in respect of ordinary licences to use a similar kind of engine, net, instrument or device, and it is enacted by sub-section (5) of the said section that any order under the said section may provide that where a special local licence to fish for salmon with a single rod and line is granted for any year to a person to whom an ordinary licence of a similar kind has been granted for such year, the licence duty payable in respect of such special local licence shall be reduced by thirty shillings :

AND WHEREAS by virtue of the River Lackagh (Tidal Waters) Order, 1943 (Statutory Rules and Orders No. 14 of 1943), the said Fisheries (Tidal Waters) Act, 1934 , applies to the tidal waters of the River Lackagh as specified and defined in such Order :

AND WHEREAS the tidal waters of the River Lackagh are situate within the No. 14 or Letterkenny District :

NOW, THEREFORE, I, SÉAMAS Ó RIAIN, Minister for Agriculture, in exercise of the power conferred on me by Section 4 of the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), and of every and any other power me in this behalf enabling, do hereby make the following order, with the consent of the Minister for Finance in so far as relates to the licence duty to be paid in respect of the special local licences to which this Order relates testified by his signature hereto, that is to say :—

1.—(1) This Order may be cited for all purposes as the River Lackagh (Special Local Licences) Order, 1943.

(2) This Order shall come into operation on the 4th day of February, 1943.

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

3. The Board of Conservators of the No. 14 or Letterkenny District are hereby authorised to issue special local licences to use a draft net in the tidal waters of the River Lackagh, and special local licences to fish for salmon with a single rod and line in the said tidal waters subject in each case to the provisions of the Fisheries Acts, 1842 to 1939, and bye-laws, definitions, regulations and orders made thereunder.

4.—(1) The licence duty to be paid in respect of every special local licence to use a draft net granted under the authority of this Order shall be £20 (twenty pounds).

(2) Subject to the next following paragraph, the licence duty to be paid in respect of every special local licence to fish for salmon with a single rod and line granted under the authority of this Order shall be £2 (two pounds).

(3) Where a special local licence to fish for salmon with a single rod and line is granted under the authority of this Order for any year to a person to whom an ordinary licence of a similar kind has been granted for such year, the licence duty payable in respect of such special local licence shall be 10/- (ten shillings).

GIVEN under my Official Seal this 3rd day of February, 1943.

(Signed) SÉAMAS Ó RIAIN,

Minister for Agriculture.

I consent to the foregoing Order so far as the same relates to the licence duty to be paid in respect of special local licences.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.