Fisheries (Statute Law Revision) Act, 1949

• Permanent Page URL

Interpretation.

3.—(1) In this Act—

the expression “the Acts” means the Fisheries Acts, 1842 to 1944 and includes the Fisheries (Oyster, Crab and Lobster) Act, 1877 and the Act of 1949;

the expression “the Act of 1842” means the Fisheries (Ireland) Act, 1842;

the expression “the Act of 1848” means the Fisheries (Ireland) Act, 1848;

the expression “the Act of 1850” means the Fisheries (Ireland) Act, 1850;

the expression “the Act of 1863” means the Salmon Fishery (Ireland) Act, 1863;

the expression “the Act of 1924” means the Fisheries Act, 1924 (No. 6 of 1924);

the expression “the Act of 1925” means the Fisheries Act, 1925 (No. 32 of 1925);

the expression “the Act of 1939” means the Fisheries Act, 1939 (No. 17 of 1939);

the expression “the Act of 1949” means the Fisheries (Amendment) Act, 1949 (No. 18 of 1949);

the expression “bag net” includes a fixed engine of similar construction to a bag net;

the word “box”, in relation to a fishing weir or a fishing mill dam, includes a crib or cruive;

the word “dam” means any dam, weir, dyke, sluice, embankment or other structure built or placed in or in connection with any river for or in connection with the sustaining of water for any purpose;

the expression “fish pass” means a channel for the free run or migration of fish in, over or in connection with an obstruction in a river, lake or watercourse and includes a fish ladder or any other contrivance which facilitates the passage of fish;

the expression “fishing engine” means any engine, net or other instrument whatsoever capable of being used for the taking of fish;

the expression “fishing weir” means any erection, structure or obstruction, which—

(a) is fixed to the soil across or partly across a river,

(b) is used solely for the purpose of taking or facilitating the taking of fish,

(c) incorporates one or more openings wherein fish may be taken, and

(d) is not a head weir;

the expression “fixed engine” means any engine, being—

(a) a stake net, or

(b) a bag net, or

(c) a fixed draft net, or

(d) a head weir, or

(e) any net, implement, engine or device, fixed to the soil or secured by anchors or held by hand or made stationary in any other way and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir or a fishing mill dam;

the expression “free gap” means a free gap in a fishing weir in accordance with section 9 of the Act of 1863;

the expression “head weir” means the fixed engine commonly called a head weir or an ebb and flow weir;

the word “heck” means a grating mounted at the upstream end of a box in a fishing weir or fishing mill dam and so constructed as to prevent the passage of fish without obstructing the flow of water;

the word “inscales” means a pair of gratings mounted at the downstream end of a box in a fishing weir or fishing mill dam and converging towards the centre in the upstream direction to form between the upstream ends a vertical gap, the effect of the arrangement being to permit the passage of fish into the box and hinder their escape therefrom;

the expression “the Minister” means the Minister for Agriculture;

the expression “salmon river” means any river frequented by salmon;

the expression “stake net” includes a stake weir and any fixed engine of similar construction to a stake net.

(2) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

(3) This Act shall be construed as one with the Acts.