Fisheries Act, 1980
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Amendment of Part XIV of Principal Act. |
70.—(1) The placing in or on, or in or on the water above, an oyster bed of any device or other thing which is used, or is intended for use, in the cultivation of oysters shall, for the purposes of section 245 of the Principal Act, be regarded as planting an oyster bed in a manner described in that section, and any licence under that section, whether granted before or after the passing of this Act, shall be construed and have effect in accordance with the foregoing. | |
(2) Subsection (1) of this section shall not be construed as affecting the power conferred on the Minister for Tourism and Transport by section 10 of the Foreshore Act, 1933 . | ||
(3) Section 253 of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (f): | ||
“(g) without such consent removes, damages or otherwise interferes with any device or other thing which is placed in or on, or in or on the water above, such bed and is used in the cultivation of oysters.” | ||
(4) Section 256 of the Principal Act is hereby amended by the insertion of “or above” before “the shore”, and the said section 256, as so amended, is set out in paragraph 1 of the Table to this section. | ||
(5) Section 261 of the Principal Act is hereby amended by the substitution of “in such manner as he shall consider appropriate having had regard to the circumstances by reason of which the order's amendment is necessitated” for all the words from “, and all” to the end of the section, and the said section 261, as so amended, is set out in paragraph 2 of the Table to this section. | ||
(6) Section 265 (1) of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (b): | ||
“(bb) not being a grantee, the servant or agent of the grantee or grantees or being duly authorised as aforesaid, removes, damages or otherwise interferes with any device or other thing which is placed in, on or over such fishery and is used in the cultivation of oysters, or”. | ||
TABLE | ||
1. 256.—Subject to section 11 and to the provisions of this Chapter the Minister may make orders for the establishment or improvement and for the maintenance and regulation of an oyster fishery on or above the shore and bed of the sea or of an estuary or tidal river above or below or partly above and partly below low-water mark (which said shore and bed are in this Chapter referred to as the seashore), and including, if desirable, provisions for the constitution of a board or body corporate for the purpose of such order, on an application to the Minister by any person desirous of obtaining such an order. | ||
2. 261.—The Minister may from time to time by order amend an oyster fishery order in such manner as he shall consider appropriate having had regard to the circumstances by reason of which the order's amendment is necessitated. |