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Powers of the Board in relation to the Shannon Fisheries.
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9.—(1) It shall be lawful for the Board to do all such things, carry out all such transactions, and fulfil all such functions as shall be necessary or proper for or incidental or ancillary to the due performance of the duties in relation to the Shannon fisheries imposed on the Board by this Part of this Act, and in particular and without prejudice to the generality of the foregoing powers, it shall be lawful for the Board to do all or any of the following things, that is to say:—
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(a) acquire, either permanently or temporarily and either compulsorily or by agreement, any fishery or fishing right in or over the waters of the River Shannon or any part thereof, and any land, way-leave or other right ancillary to or necessary for the enjoyment of any such fishery or fishing right so acquired;
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(b) acquire, either permanently or temporarily and either compulsorily or by agreement, land (including land covered by water) and also easements, profits-a-prendre, and other rights over or in relation to land or water,
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(c) acquire, either permanently or temporarily and either compulsorily or by agreement, any weir, dam, or bridge in or across the waters of the Shannon fisheries;
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(d) terminate, restrict, or otherwise interfere with, either permanently or temporarily and either compulsorily or by agreement, any easement, way-leave, water-right, fishing right, or other right over or in respect of any land or water;
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(e) divert, close, remove, or otherwise interfere with, either permanently or temporarily and either compulsorily or by agreement, any private road or way, or any canal or other artificial water-way, or water-course;
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(f) subject to the provisions of this section, demise by lease or let by way of licence the whole or any part of the Shannon fisheries to such persons, for such period, at such rent, and on such terms and conditions as the Board shall, subject as aforesaid, think proper.
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(2) Nothing in this section shall operate to authorise the Board—
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(a) to do anything compulsorily without paying compensation therefor, or
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(b) to acquire or interfere with any public road or way or any bridge carrying a public road or way, or
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(c) to acquire or interfere with (otherwise than by agreement) any property belonging to a railway company, or
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(d) to acquire any property belonging to the State compulsorily or otherwise than in accordance with the law for the time being regulating or restricting the disposition of such property, or
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(e) to construct or erect any work or structure on tidal lands below the line of high water of ordinary or medium tides without the consent of the Minister or otherwise than in accordance with the terms and conditions of such consent, or
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(f) to make any demise by lease or any letting by way of licence of the whole or any part of the Shannon fisheries for any period exceeding one year or with or subject to any covenant or condition for renewal without the approval of the Minister and the Minister for Finance, nor to make any such demise or letting of a fishery to which Article Eleven of the Constitution applies for any period exceeding ninety-nine years or with a provision for renewal.
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(3) No demise by lease nor letting by way of licence of the whole or any part of the Shannon fisheries nor any agreement for any such demise or letting shall be made by the Board under this section unless the Board shall, at least twenty-one days before making such demise, letting, or agreement, have published at least once in each of two newspapers circulating in the neighbourhood of the fishery or fisheries which is or are the subject matter of such demise, letting, or agreement, a notice stating the intention or desire of the Board to demise or let such fishery or fisheries and inviting offers to take such demise or letting.
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