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Operation of fishing weir by Minister or the Electricity Supply Board without free gap.
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108.—(1) The Minister may by order authorise the operation of a specified fishing weir belonging to the Minister or the Electricity Supply Board without a free gap, subject to such conditions as to the release upstream of a sufficient number of fish entering the weir as he thinks proper to impose for the purpose of adequately maintaining stocks of such fish, and may by order amend or revoke any order made by him under this section.
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(2) Before making an order under this section, the Minister shall cause notice of his intention, containing a draft of the proposed order, to be published and circulated in the locality to be affected by the order and shall consider any objections thereto made to him during one month after the publication of the notice.
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(3) For the purposes of this section any contrivance for taking or facilitating the taking of fish associated with hydro-electric works constructed by the Electricity Supply Board shall be deemed to be a fishing weir.
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(4) An order under this section shall have effect notwithstanding anything to the contrary in this Act.
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(5) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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(6) Notice of the making of every order under this section shall, as soon as may be, be published in the Iris Oifigiúil and in one or more newspapers circulating in the area affected by the order, and a copy of the order shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected thereby, and in every station of the Garda Síochána within the area affected thereby.
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(7) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular order under this section and for this purpose may appoint an officer of the Minister to hold such inquiry.
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(8) The Minister shall cause to be given in accordance with section 322, notice of the holding of an inquiry under this section.
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