Fisheries Act, 1980
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Forfeiture of licences and consequential disqualification orders. |
51.—The following is hereby substituted for section 90 of the Principal Act: | |
“90—(1) (a) Where— | ||
(i) a person is convicted of any offence under this Act, other than an offence described in subsection (3) of this section, and | ||
(ii) such person is the holder of a fishing licence or licences or an oyster fishing licence or licences, | ||
the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited. | ||
(b) Where a licence is directed to be forfeited under this subsection, such licence shall thereupon cease to be in force. | ||
(2) (a) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of this Act, the court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the court may specify. | ||
(b) Where a declaration is made under this subsection, the declaration shall operate to disqualify the person to whom it relates for holding a licence of the kind specified in the declaration, and notwithstanding anything contained in this Act a licence of that kind shall not be issued to such person in respect of the period specified in the declaration. | ||
(3) (a) This subsection applies to the following offences, namely— | ||
(i) an offence under section 65, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 140, 145, 146, 176, 182, 285A (inserted by section 24 of the Act of 1962) or 301 of this Act, | ||
(ii) an offence under section 29 of the Act of 1962, | ||
(iii) an offence under any bye-law described in subsection (4) (inserted by section 3 of the Act of 1962) of section 9 of this Act which is also a bye-law described in section 46 (4) of the Fisheries Act, 1980. | ||
(b) Where a person is convicted of an offence which is both an offence to which this subsection applies and a second or any subsequent such offence, the court by whom such person is convicted shall make an order (in this Act referred to as ‘a consequential disqualification order’) declaring him to be disqualified for holding an ordinary fishing licence in respect of any scheduled engine mentioned in Part II of the Fourth Schedule to this Act, and such order shall operate so to disqualify the person to whom it relates during the period of three years commencing on the date on which the order is made. | ||
(4) Subject to subsection (5) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence to which subsection (3) of this section applies, jurisdiction to make, confirm or annul a consequential disqualification order is hereby conferred on the appellate court. | ||
(5) A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was made is reversed.”. |