Fisheries (Consolidation) Act, 1959

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The Salmon Conservancy Fund.

49.—(1) In this section—

“the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by the Act of 1958);

“the Act of 1958” means the Fisheries (Amendment) Act, 1958 (No. 15 of 1958) (repealed by this Act);

“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958;

“salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish,

(2) The Minister shall continue to maintain the Fund.

(3) (a) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.

(b) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph (a) of this subsection.

(4) (a) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment.

(b) Different rates of levy may be prescribed for different periods.

(c) Subject to paragraph (d) of this subsection the rate of levy shall not exceed two pence per lb.

(d) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.

(5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected.

(6) (a) Whenever, by virtue of an order made under paragraph

(b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence which is to be valid for a particular year exceeds two pounds, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(b) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable, in respect of a salmon rod (seven day) ordinary licence which is to be valid for a particular period of seven days exceeds one pound, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(c) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (twenty-one day) ordinary licence which is to be valid for a particular period of twenty-one days exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(d) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (late season) ordinary licence which is to be valid for a particular period of six months commencing on a first day of July exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(e) Whenever, by virtue of an order made under paragraph (c) of subsection (2) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence (being a licence which is to be valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year) exceeds ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund.

(8) (a) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph (a) of subsection (9) of this section.

(b) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.

(9) (a) The Minister may pay out of the Fund—

(i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties,

(ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper.

(b) The Minister shall pay out of the Fund the costs of the administration of the Fund.

(c) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section.

(10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

(11) (a) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.

(b) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(12) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section.