Inland Fisheries Act 2010
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Inland Fisheries Act 2010.
(2) The Fisheries (Consolidation) Act 1959 , Fisheries (Amendment) Act 1962 , Fisheries (Amendment) Act 1964 , Fisheries (Amendment) Act 1976 , Fisheries Act 1980 , Fisheries (Amendment) Act 1987 , Fisheries (Amendment) (No. 2) Act 1987 , Fisheries (Amendment) Act 1991 , Fisheries (Amendment) Act 1994 , Fisheries (Amendment) Act 1995 , Fisheries (Commissions) Act 1997 , Fisheries (Amendment) Act 1997 (insofar as it relates to IFI), Fisheries (Amendment) Act 1999 , section 111 of the Water Services Act 2007 and this Act may be cited together as the Inland Fisheries Acts 1959 to 2010 and shall be construed together as one.
num: 2
paragraphs: — In this Act—
“Act of 1980” means Fisheries Act 1980 ;
“Act of 1991” means Fisheries (Amendment) Act 1991 ;
“Act of 1987” means Fisheries (Amendment) (No. 2) Act 1987 ;
“Act of 1994” means Fisheries (Amendment) Act 1994 ;
“Act of 1999” means Fisheries (Amendment) Act 1999 ;
“Act of 2000” means Fisheries (Amendment) Act 2000 ;
“ Arbitrator” has the meaning assigned to it by section 66 (2);
“Commissioners” means Commissioners of Public Works in Ireland;
“Central Board” means the body established under section 7(1) of the Fisheries Act 1980 ;
“easement” includes a profit à prendre and any right in or over water;
“functions” includes powers and duties;
“IFI” means Inland Fisheries Ireland established under section 6 ;
“Inland Fisheries Acts” means Inland Fisheries Acts 1959 to 2010 and every other enactment which is to be read together with any of those Acts;
“Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to inland fisheries;
“local authority” has the meaning assigned to it by the Local Government Act 2001 ;
“Minister” means Minister for Communications, Energy and Natural Resources;
“Principal Act” means Fisheries (Consolidation) Act 1959;
“ proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 60 (3) or section 62 (2) passes;
“recognised trade union or staff association” means a trade union or staff association recognised by IFI for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;
“regional board” means a body established by virtue of section 10(3) of the Fisheries Act 1980 ;
“Register of Sea Anglers” has the meaning assigned to it by section 73 ;
“required right of way” has the meaning assigned to it by section 62 (1);
“Trust” means the Inland Fisheries Trust Incorporated (Iontaobhas Iascaigh IntÃ­re Ioncorportha).
num: 3
paragraphs: — The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.
num: 4
paragraphs: — The enactments mentioned in Schedule are, on the establishment day, repealed to the extent specified in the third column of Schedule 1 .
num: 5
paragraphs: — (1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
(2) Parts 3, 4 and 5 of this Act come into operation on the establishment day.
num: 6
paragraphs: — (1) There stands established on the establishment day a body to be known as, in the English language, Inland Fisheries Ireland, or in the Irish language, Iascach IntÃ­re Ãireann, to perform the functions conferred on it by this Act and to be referred to in this Act as “IFI”.
(2) IFI shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights in, over or under land or water and acquire, hold and dispose of any other kind of property.
(3) (a) IFI shall perform the functions conferred on it by this Act within and having regard to all waters within the State comprising of a fishery district and any other waters which are—
(i) in any area of the sea to which the internal or inland waters of the State extend under section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 , and
(ii) in the portion of the sea which lies between the baseline for the purposes of this Act and the line every point of which is on the seaward side and at a distance of 12 nautical miles from the nearest point of that baseline.
(b) The Minister may by order substitute for the reference to 12 nautical miles in subsection (3)(a)(ii) a reference to a number of nautical miles specified in the order.
(c) In case an order under subsection (3)(b) is for the time being in force, subsection (3)(a)(ii) shall be construed and have effect as if for the reference in it to 12 nautical miles there were substituted a reference to the number of nautical miles specified in the order.
(4) (a) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as practicable after it is made.
(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.
(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.
num: 7
paragraphs: — (1) The principal function of IFI is the protection, management and conservation of the inland fisheries resource.
(2) Without prejudice to subsection (1) the general functions of IFI are to—
(a) promote, support, facilitate and advise the Minister on the conservation, protection, management, marketing, development and improvement of inland fisheries, including sea angling,
(b) develop and advise the Minister on policy and national strategies relating to inland fisheries including sea angling, and
(c) ensure implementation and delivery of policy and strategies developed under subsection (b) as agreed with the Minister.
(3) Subject to subsection (1), IFI shall—
(a) subject to this Act, protect the inland fisheries resource and generally enforce the Inland Fisheries Acts,
(b) ensure that any fishery, hatchery or fish farm in the possession or occupation of IFI is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with the corporate plan prepared in accordance with section 41 ,
(c) in accordance with such corporate plan, promote and encourage the management, conservation, protection, development and improvement of the fisheries which are not in its possession or occupation,
(d) ensure that any oyster or other mollusc fishery is protected in accordance with such direction of the Minister as relates to a fishery of that kind,
(e) encourage and develop angling for salmon, trout, coarse fish and sea fish and, for the purposes of any or all of those kinds of angling, provide such facilities and amenities, if any, as may be required,
(f) encourage, promote, organise and co-ordinate together with the inland fisheries owners, bodies and organisations, the voluntary development of inland fisheries catchment management plans and for that purpose have regard to the distinctive circumstances which pertain in each of the catchment systems and consult with and involve local authorities and other interested bodies and organisations,
(g) in the performance of its functions have regard to the requirements of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) and the need for the sustainable development of the inland fisheries resource (including the conservation of fish and other species of fauna and flora habitats and the biodiversity of inland water ecosystems),
(h) as far as possible, ensure that its activities are carried out so as to protect the national heritage (within the meaning of the Heritage Act 1995 ),
(i) ensure the effective and efficient deployment of resources, performance of functions, drawing up of estimates and the provision of services,
(j) administer such schemes, grants and other financial facilities requiring the disbursement of European Union and such other funds as may from time to time be authorised by the Minister with the consent of the Minister for Finance, and
(k) support angling promotion and marketing activities and co-operate with relevant State agencies and such sectoral interests as IFI considers relevant in developing international promotion and marketing strategies and activities in relation to game, coarse and sea tourism angling.
(4) (a) IFI shall establish and manage a forum (“national inland fisheries forum”) to facilitate stakeholder input into policy formulation. This forum shall consist of broad representation across such stakeholders of the inland fisheries sector as IFI considers relevant.
(b) The terms of reference, including membership, of the forum established under subsection (4)(a) will be set by IFI with the agreement of the Minister.
(5) (a) IFI may establish a Standing Scientific Committee to advise and assist it on all technical and scientific matters relating to the management of the State’s inland fisheries resource.
(b) The terms of reference including the composition and membership of a Committee established under paragraph (a) will be set by IFI with the agreement of the Minister.
(6) IFI may provide such services (including education and training courses or facilities for training or instruction) for the management, conservation, protection, development and improvement of fisheries or such other matters relating to fisheries as it thinks fit and charge such fees in respect of the provision of those services (other than those provided by the Minister), as it thinks fit.
(7) (a) IFI may, in relation to an inland fishery, carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling IFI to carry out research or experimental work on or in relation to any species of sea fish (within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ), other than research similar or analogous to research in relation to sea fish being carried on by the Central Board immediately before the establishment day.
(b) In the carrying out of work under subsection (7)(a) IFI shall, as appropriate, co-operate and co-ordinate with the Marine Institute and other agencies or persons that IFI considers relevant.
(c) IFI shall, unless it considers that it is not in the public interest to do so, make the results of any research carried out in accordance with subsection (7) (a) available, within 6 months after it has been fully completed.
(8) IFI may, following consultation with the Minister for the Environment, Heritage and Local Government, engage in relevant activities which would protect or conserve wildlife (within the meaning of section 2 (1) of the Wildlife Act 1976 ).
(9) For the purpose of performing its functions under this Act, but subject to the directions, if any, of the Minister, IFI may enter into such partnership or other arrangements with such persons or bodies as it thinks fit.
(10) The power under Part V of the Principal Act of striking rates on fisheries, in so far as before the commencement of this section it was exercisable by a regional board, and the powers under that Part to amend, collect and recover such a rate are, on the establishment day assigned to IFI.
(11) The powers under the Principal Act to issue licences, for fishing for salmon or eels and to issue oyster fishing licences which, immediately before the establishment day, were exercisable by a regional board shall, on and from the establishment day, be exercisable by IFI. Duties payable as regards licences issued under the Principal Act shall be paid to IFI.
(12) The Minister may, if he or she thinks fit, authorise IFI to engage in activities relating to the processing and marketing of such species of fish as are specified in the authorisation.
(13) The Minister may by order assign to IFI such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit.
num: 8
paragraphs: — (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
num: 9
paragraphs: — (1) From the establishment day, for the purposes of performing the functions assigned to it under this Act, IFI shall manage and report its business on the basis of that part of the following River Basin Districts which are situate within the State—
(a) Eastern River Basin District (including the Neagh Bann River Basin District),
(b) Western River Basin District,
(c) South Eastern River Basin District,
(d) South Western River Basin District,
(e) North Western River Basin District, and
(f) Shannon River Basin District,
num: 10
paragraphs: — (1) The Minister may give IFI such general policy directions as he or she considers appropriate to be followed by IFI in the exercise of its functions.
(2) IFI shall comply with any direction given to it under subsection (1).
num: 11
paragraphs: — (1) IFI shall, as soon as may be after its establishment, provide itself with a seal.
(2) The seal of IFI shall be authenticated by the signature of—
(a) the chairperson of IFI or another member of IFI, or
(b) a member of staff of IFI,
authorised by IFI to act in that behalf.
(3) Judicial notice shall be taken of the seal of IFI and every document purporting to be an instrument made by IFI and to be sealed with the seal of IFI (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of IFI by any person generally or specially authorised by IFI in that behalf.
num: 12
paragraphs: — (1) IFI shall consist of 9 members appointed by the Minister of whom—
(a) one shall be appointed by the Minister as chairperson,
(b) in accordance with subsection (3), 3 shall be appointed by the Minister,
(c) one shall be appointed on the nomination of the Minister for the Environment, Heritage and Local Government,
(d) one shall be appointed on the nomination of the Minister for Community, Rural and Gaeltacht Affairs,
(e) 2 shall be appointed on the Minister’s own nomination, and
(f) one shall be a member of staff of IFI appointed following an election in accordance with section 13 .
(2) Subject to subsections (7) and (8) of section 23 , the chief executive shall be an ex-officio member of IFI.
(3) Where an appointment is to be made by the Minister under subsection (1)(b) or under that paragraph arising from a vacancy referred to in section 19 (2)—
(a) the Minister shall inform the Joint Oireachtas Committee of the proposed appointment,
(b) the Minister in respect of an appointment under subsection (1)(a), (c), (d) and (e) shall provide a statement to the Joint Oireachtas Committee indicating the relevant experience and expertise of the person or persons appointed by the Minister, and such other matters as the Minister, after consultation with the Joint Oireachtas Committee, considers relevant,
(c) the Joint Oireachtas Committee shall within the period of 90 days of being so informed, advise the Minister of the names of the persons or the person it proposes that the Minister should appoint under subsection (1) (b) giving reasons, such as relevant experience and expertise, in relation to the proposed named person or persons,
(d) the Minister shall have regard to the advice and may accept the proposed named persons or some of them or the named person or decide to nominate as he or she sees fit other persons or another person, and
(e) inform the Joint Oireachtas Committee of his or her decision.
(4) The Minister shall, insofar as is practicable, endeavour to ensure that there is an equitable balance between men and women in the composition of IFI.
(5) A person shall not be appointed by the Minister to be a member of IFI unless he or she has had experience of or shown capacity in one or more of the following areas—
(a) agriculture or riparian land ownership,
(b) aquaculture,
(c) business or commercial affairs,
(d) commercial fishing,
(e) environmental/biodiversity matters,
(f) fish processing,
(g) fisheries ownership,
(h) legal or regulatory affairs,
(i) matters pertaining to disability,
(j) recreational fisheries (including river and sea angling),
(k) regional development, and
(l) tourism,
and shall be appointed with a view to representing the public interest in respect of inland fisheries matters including sea angling.
(6) The Joint Oireachtas Committee for the purposes of providing advice to the Minister under subsection (3) may establish a panel, for such duration, and consisting of such number of persons as the Joint Oireachtas Committee thinks proper.
(7) Persons placed on a panel established under subsection (6) shall have experience of or have shown capacity in one or more of the areas stated in subsection (5) and shall be chosen with a view to representing the public interest in respect of inland fisheries matters including sea angling.
(8) The Joint Oireachtas Committee shall, insofar as is practicable, endeavour to ensure that among the persons placed on a panel under subsection (6) there is an equitable balance between men and women.
(9) The Joint Oireachtas Committee shall have sole responsibility for the drawing up and placing of candidates on a panel established under subsection (6).
(10) In respect of an appointment to be made under subsection (1)(f), the Minister may, following consultation with such trade union representatives as he or she considers appropriate, appoint a person to IFI on a temporary basis, until such time as the Minister is in a position to appoint a person elected in accordance with section 13 .
num: 13
paragraphs: — (1) The Minister shall appoint to be a member of IFI an employee of IFI who is elected in accordance with this section.
(2) An election shall be held as soon as practicable after establishment day or such longer period as may be agreed between IFI and recognised trade unions or staff associations and in each fifth year thereafter.
(3) Subsections (4) to (17) apply for the purposes of an election.
(4) (a) The chief executive of IFI (or a person selected by him or her after consultation with representatives of recognised trade unions or staff associations) shall be the returning officer for each election of a staff member to IFI.
(b) The returning officer is not entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.
(c) The returning officer may authorise any person to exercise designated functions on his or her behalf and paragraph (b) applies to any such person.
(5) (a) A poll shall be conducted where there is more than one candidate.
(b) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.
(c) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.
(d) An election shall be held in accordance with arrangements made by the returning officer.
(e) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.
(6) (a) The returning officer shall fix the nomination day and give notice of the election not later than 4 weeks before that day.
(b) The nomination day shall be not earlier than 4 weeks after the day on which eligibility of voters and candidates is determined in accordance with subsections (13) and (14), respectively.
(7) The returning officer may declare a candidate elected if the number of candidates standing duly nominated does not exceed one.
(8) If the nomination of candidates or any poll is interrupted or cannot be proceeded with, the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll.
(9) On receipt of a notification from the returning officer of the name of the candidate elected or declared to be elected under subsection (7), the Minister shall, in accordance with this section, appoint the candidate as a member of IFI.
(10) The returning officer shall for the purposes of subsection (11) prepare a list of the names of the other candidates at the election placed in the order of the votes credited to each of them at the last count in which he or she was involved.
(11) In choosing a person to fill a casual vacancy under section 19 , the Minister shall select the candidate, if any, placed highest on the voting list under subsection (10) who is an employee of IFI at the time the vacancy comes to be filled. Where 2 or more such candidates are credited with an equal number of votes on that list the Minister shall select one of them by lot.
(12) IFI shall bear the cost of holding an election except costs incurred by candidates expressly on their own behalf.
(13) Every employee of IFI who, on the day specified by the returning officer and on the day on which the poll is taken—
(a) is not less than 18 years of age, and
(b) has been an employee of IFI for a continuous period of not less than one year,
shall be entitled to vote at an election.
(14) (a) Every employee of IFI who, on the day specified by the returning officer under subsection (13), is not less than 18 years of age and has been an employee of IFI for a continuous period of not less than 18 months, shall be eligible to be nominated as a candidate at the election.
(b) A candidate may be nominated by—
(i) a recognised trade union or staff association or jointly by 2 or more such bodies, or
(ii) a minimum of 10 eligible voters.
(c) Nominations shall be made in the manner specified by the returning officer.
(d) The returning officer shall rule on the validity of nominations and his or her decision shall be final.
(15) Prior service (for a continuous period ending on the relevant establishment day) with the Central Board or a regional board of staff transferred under section 49 to IFI on that day shall be reckonable as service with IFI for the purposes of subsections (13) and (14).
(16) The returning officer shall prepare and maintain a list of eligible voters and candidates.
(17) The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this section.
(18) Without prejudice to the provisions of this Act as respects the term of office of members of IFI and their removal or disqualification from office, the term of office of a member of IFI who is appointed under subsection (1) and who is an employee of IFI shall terminate on his or her resigning or retiring from the employment of IFI or on his or her being dismissed from such employment.
(19) In this section “election” means an election held under this section for the appointment of an employee of IFI to be a member of IFI.
num: 14
paragraphs: — (1) The chairperson shall hold office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister may determine.
(2) Subject to subsection (3), an ordinary member shall hold office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister may determine.
(3) Of the ordinary members of IFI first constituted under this section—
(a) 3 of them (selected in accordance with subsection (4)) shall hold office for a period of 3 years from the date of appointment to the office,
(b) 2 of them (selected in accordance with subsection (4)) shall hold office for a period of 4 years from the date of appointment, and
(c) the others shall hold office for a period of 5 years from the date of appointment.
(4) The ordinary members who are to hold office for a period of 3 or 4 years are, at a meeting of IFI held for the purpose, to be selected by—
(a) unanimous agreement of the ordinary members present at the meeting, or
(b) if for any reason unanimous agreement cannot be reached, the drawing of lots by those members, and
this subsection has effect only when all of the first membership of IFI has been appointed.
(5) A person appointed by the Minister under section 13 (1) shall hold office for 5 years from the date of appointment to the office.
(6) Any member of IFI who completes a term of office is eligible for reappointment to IFI, but may not serve more than 2 consecutive terms.
(7) A period of service as a member in accordance with an appointment under section 19 (2) or (3) is considered for the purposes of subsection (6) to be a term of office.
(8) In this section “ordinary member” means a person appointed in accordance with section 12 (1)(b), (c), (d) or (e).
num: 15
paragraphs: — (1) Where the chairperson of IFI ceases to hold such office, he or she shall also cease to be a member of IFI.
(2) Where the chairperson of IFI ceases to be a member of IFI, he or she shall also cease to be chairperson of IFI.
(3) The chairperson of IFI may at any time resign his or her office as chairperson by letter addressed to the Minister and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of IFI held next after IFI has been informed by the Minister of the resignation.
(4) The chairperson of IFI shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold such office until the expiration of his or her period of membership of IFI and if he or she is reappointed as a member of IFI, he or she shall be eligible to be designated as chairperson of IFI in accordance with section 12 (1)(a).
num: 16
paragraphs: — (1) IFI may delegate to the chief executive any of its functions.
(2) If a function of IFI is delegated to the chief executive under subsection (1), the delegation remains in force until IFI revokes the delegation.
(3) IFI shall inform the Minister of any matters that it considers require the Minister’s attention.
num: 17
paragraphs: — (1) The Minister may at any time remove a member of IFI from office if—
(a) in the Minister’s opinion, the member has become incapable through ill-health of performing the functions of the office,
(b) in the Minister’s opinion, the member has committed stated misbehaviour,
(c) the member’s removal from office appears to the Minister to be necessary for IFI to perform its functions in an effective manner,
(d) the member has contravened a provision (unauthorised disclosure) of this Act or an applicable provision of the Ethics in Public Office Act 1995 , or
(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the appointed member.
(2) A member of IFI shall cease to hold office and is disqualified from holding office if the member—
(a) is adjudicated bankrupt,
(b) makes a composition or arrangement with creditors,
(c) is convicted on indictment by a court of competent jurisdiction and sentenced to a term of imprisonment,
(d) is convicted of an offence involving fraud or dishonesty,
(e) is disqualified or restricted from being a director of any company,
(f) does not pay any fishery rate payable by him, or
(g) is convicted of an offence under the Inland Fisheries Acts or under any instrument made under those Acts.
(3) A member who does not, for a consecutive period of 6 months, attend a meeting of IFI ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness.
(4) In this section “applicable provision of the Ethics in Public Office Act 1995 ”, in relation to an appointed member, means a provision of that Act that by virtue of a regulation under section 3 of that Act applies to that member.
num: 18
paragraphs: — (1) The Minister may remove all the members of IFI from office if—
(a) there is a failure to achieve a quorum for 3 consecutive meetings,
(b) IFI does not comply with a judgment, order or decree of any court,
(c) IFI does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or
(d) the Minister is satisfied that the functions of IFI are not being performed in an effective manner.
(2) Where the Minister removes all the members of IFI from office in accordance with subsection (1), he or she shall, as soon as practicable, provide to the Joint Oireachtas Committee an appropriate statement indicating the circumstances of the removal of the members.
(3) The Minister may, if of the opinion that the functions of IFI are not being performed in an effective manner, appoint a person to—
(a) conduct an independent review of any matter giving rise to that opinion, and
(b) submit a report to the Minister on the results of the review.
(4) IFI shall co-operate with any such review and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.
(5) In a case where the Minister removes all members from IFI in accordance with subsection (1), he or she shall appoint such person or persons as he or she thinks fit to perform the functions of IFI and may from time to time remove a person or persons appointed under this subsection and appoint another or others in his or her or their place.
(6) (a) An appointment under subsection (5) shall be in writing and shall specify the day on and from which and, subject to subsection (5), the period during which the appointment is to have effect, and for so long as the appointment remains in force it shall operate to enable the person or persons appointed to perform the functions of IFI.
(b) An appointment under this section may fix the duties and the remuneration of the person or persons to whom it relates.
(7) The remuneration of all persons appointed under subsection (5) to perform the functions of IFI shall be paid out of the revenue of IFI as part of the expenses of performing its functions.
(8) Where a person serving in the Civil Service is appointed under subsection (5) to perform the duties of IFI, there shall be recouped to the Exchequer from the monies under the control of IFI, in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation and Pensions Act 1976 , to or in respect of such person as the Minister for Finance shall determine to be proper.
(9) The chief executive does not cease to hold that position solely because he or she ceases to be a member of IFI when the members are removed from office under this section.
(10) The removal of the members of IFI from office does not revoke or otherwise affect any delegation of the functions of IFI to the chief executive under section 16 (1).
num: 19
paragraphs: — (1) An appointed member may resign office by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.
(2) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister shall as soon as practicable appoint a person to fill the casual vacancy so occasioned.
(3) The Minister shall, if the person is willing to act in such a capacity, appoint an employee of IFI selected in accordance with section 13 (11) to fill a casual vacancy arising in respect of a member of IFI appointed under section 13 (1).
(4) A person appointed under subsections (2) or (3) holds office for the unexpired portion of his or her predecessor’s term of office and at the end of that term is, subject to section 14 , eligible for reappointment.
num: 20
paragraphs: — (1) IFI shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold not less than 6 meetings.
(2) The Minister, in consultation with the chairperson of IFI, shall fix the date and time of the first meeting.
(3) The chairperson may at any reasonable time call a meeting of IFI.
(4) Any 3 members may call a meeting of IFI if the chairperson—
(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 3 members, or
(b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.
(5) The quorum for a meeting of IFI is 5.
(6) The chairperson of IFI shall chair any meetings of IFI except in the case that the chairperson is not present or such office is vacant in which case the members who are present shall choose one of their number, other than the chief executive, to chair the meeting.
(7) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.
(8) In the case of an equal division of votes, the chairperson or other member presiding at the meeting has a second or casting vote.
(9) As long as there is a quorum, IFI may act despite one or more than one vacancy among its members.
(10) Subject to this Act, IFI shall regulate, by standing orders or otherwise, the procedures and business of IFI.
(11) Non-compliance with a standing order of IFI does not invalidate a decision of IFI.
(12) IFI may perform any of its functions through or by any of its officers or servants or any other person duly authorised by IFI in that behalf, but nothing in this subsection shall be construed as enabling any person to execute on behalf of IFI any document under seal.
(13) (a) IFI may accept gifts of money, land or other property upon such terms and conditions (if any) as shall be specified by the donor.
(b) IFI shall not accept a gift if the conditions attached by the donor to the acceptance are inconsistent with the functions of IFI.
num: 21
paragraphs: — (1) IFI may establish committees to provide assistance and advice to it in relation to the performance of its functions and may determine the membership and terms of reference of each committee.
(2) IFI may appoint to a committee, persons who are not members of IFI but who have special knowledge and experience related to the purposes of the committee.
(3) The appointment of a person to a committee is subject to such terms and conditions as may be determined—
(a) under section 22 , to the extent that they relate to remuneration and allowances, and
(b) by IFI, in any other case.
(4) IFI shall specify in writing the purpose and terms of reference of each committee.
(5) The acts of a committee are subject to confirmation by IFI, unless IFI dispenses with the necessity for confirmation.
(6) IFI may regulate the procedure of a committee but, subject to any such regulation, a committee may regulate its own procedure.
(7) IFI may at any time dissolve a committee established under this section.
num: 22
paragraphs: — (1) The remuneration and allowances for expenses, if any, determined in accordance with subsection (3) are payable by IFI out of funds at its disposal to—
(a) the members of IFI including the chairperson of IFI, and
(b) the members of a committee of IFI,
other than the chief executive.
(2) The remuneration and allowances for expenses, if any, determined in accordance with subsection (3) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 18 (3) to conduct an independent review.
(3) The Minister may, with the consent of the Minister for Finance, determine the remuneration and expenses payable under this section.
(4) This section is not to be taken to limit—
(a) the power of the members of IFI to determine in accordance with section 23 the remuneration and allowances for expenses payable to the chief executive (including allowances relating to his or her functions as a member of IFI or a committee of IFI), or
(b) the chief executive’s entitlement to be paid the remuneration and allowances so determined.
num: 23
paragraphs: — (1) There shall be a chief executive officer of IFI who shall be known, and is referred to in this Act, as the “ chief executive ”.
(2) Subject to subsection (4), the chief executive shall be appointed by IFI with the consent of the Minister and shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 .
(3) The chief executive may be removed or suspended from office by IFI for stated reasons.
(4) (a) Where a competition to appoint a chief executive is held prior to the establishment day, the successful candidate may be appointed by the Minister to act as chief executive designate of IFI.
(b) The person, who immediately before the establishment day, holds the position of chief executive designate of IFI shall, on the establishment day, become the chief executive and shall hold such office until such time as IFI appoints a chief executive under subsection (2).
(5) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by IFI with the consent of the Minister and the Minister for Finance.
(6) The remuneration and allowances determined under subsection (5) are payable to the chief executive by IFI out of funds at its disposal.
(7) The chief executive shall for so long as he or she holds that office serve as an ex officio member of IFI.
(8) Where and for so long as the chief executive is suspended from office, the chief executive shall stand suspended from membership of IFI.
(9) The chief executive shall not hold any other office or position or carry on any business, trade or profession without the consent of IFI.
num: 24
paragraphs: — (1) The chief executive shall—
(a) carry on, manage and control generally the staff, administration and business of IFI,
(b) perform such other functions as may be assigned to that officer by or under this Act or other enactment or as may be delegated to him or her by IFI, and
(c) supply IFI with such information (including financial information) relating to the performance of his or her functions as IFI may require.
(2) The chief executive is responsible to IFI for the performance of his or her functions and the implementation of the policies of IFI.
(3) If the chief executive is absent or the position of chief executive is vacant, the functions of the chief executive under this section may be performed by such employee of IFI as may be appointed by IFI from time to time to act as deputy chief executive.
(4) For the purposes of subsection (3), references in a provision of this Act, other than sections 23 (7) and 23 (8), or another enactment that assigns functions to the chief executive or that regulates the manner in which a function assigned to the chief executive is to be performed are to be read as references to the employee appointed under this section as deputy chief executive.
num: 25
paragraphs: — (1) Subject to any directions that may be issued by IFI, the chief executive may in writing—
(a) delegate any of his or her functions under section 24 (including those relating to financial matters) to employees of IFI specified by name, position or otherwise, and
(b) authorise the sub-delegation of any or all delegated functions to or by other such employees.
(2) Any functions delegated or sub-delegated under this section to an employee are to be performed by the employee under the general direction and control of the chief executive and in compliance with such directions, limitations and guidelines as may be specified by—
(a) in the case of a delegated function, the chief executive, or
(b) in the case of a sub-delegated function, the employee who sub-delegated that function.
(3) The delegation or sub-delegation of a function does not preclude the person who for the time being holds the position of chief executive from performing the function.
(4) The chief executive may—
(a) vary any delegation of a function under this section, including by modifying the geographical area to which the delegation relates,
(b) revoke such delegation, or
(c) without revoking the delegation, revoke any sub-delegation of the function.
(5) On varying or revoking the delegation or sub-delegation of a function, the chief executive shall inform each employee to whom the function was delegated or sub-delegated of its variation or revocation.
(6) An employee of IFI who sub-delegates a function delegated or sub-delegated to the employee under this section—
(a) may vary the sub-delegation, including by modifying the geographical area to which it relates,
(b) may revoke the sub-delegation, and
(c) is not precluded from performing the function.
(7) On varying or revoking the sub-delegation of a function, the employee who sub-delegated the function shall inform each employee to whom the function was sub-delegated of its variation or revocation.
num: 26
paragraphs: — (1) If a function of IFI is delegated by IFI to the chief executive under section 16 (1), references in a provision of this Act or any other enactment that assigns that function to IFI or that regulates the manner in which the function is to be performed are to be read as references to the chief executive.
(2) If a function of the chief executive under section 24 is delegated by him or her to an employee of IFI under section 25 or is sub-delegated by an employee authorised to do so under section 25 , references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be read as references to the employee to whom the function is delegated or sub-delegated.
(3) If a function is delegated under section 16 (1) or 25 or sub-delegated under section 25 , the delegation or sub-delegation is to be taken to include the delegation or sub-delegation of any duty or power incidental to or connected with that function.
(4) An act or thing done by the chief executive under a delegation by IFI under section 16 (1) has the same force and effect as if done by IFI.
(5) An act or thing done by an employee of IFI under a delegation or sub-delegation under section 25 has the same force and effect as if done by the chief executive.
(6) The revocation of a delegation by IFI or the chief executive does not affect a sub-delegation authorised under section 25 , unless IFI or the chief executive, as the case may be, otherwise directs.
(7) A delegation or sub-delegation of a function does not cease to have effect solely because the person who delegated or sub-delegated the function or authorised its sub-delegation no longer holds the position that the person held when the function was delegated, sub-delegated or authorised to be sub-delegated.
num: 27
paragraphs: — (1) In any legal proceedings, a certificate that—
(a) is signed by the chairperson,
(b) states that a specified function of IFI was on a specified date delegated to the chief executive, and
(c) states that the delegation of the function remained in force on a specified date, is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.
(2) In any legal proceedings, a certificate that—
(a) is signed by the chief executive or by an employee who has sub-delegated a function delegated to him or her under section 25 ,
(b) states that a specified function of the chief executive was on a specified date delegated or sub-delegated, as the case may be, in accordance with section 25 , to a specified employee of IFI,
(c) states that the delegation or sub-delegation of the function remained in force on a specified date, and
(d) specifies the limitations, if any, imposed on the delegation or sub-delegation,
is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.
(3) A certificate referred to in subsection (1) or (2) that appears to be signed by the chairperson, the chief executive or the employee concerned (as the case may be) is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his or her signature.
num: 28
paragraphs: — The chief executive shall, whenever he or she is so required by the committee of DÃ¡il Ãireann established under the Standing Orders of DÃ¡il Ãireann to examine and report to DÃ¡il Ãireann on the accounts, give evidence to that committee on—
(a) the regularity and propriety of the transactions recorded or required to be recorded in any account subject to audit by the Comptroller and Auditor General which he or she is required by section 46 to prepare,
(b) the economy and efficiency of IFI in the use of its resources,
(c) the systems, procedures and practices employed by IFI for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting IFI referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before DÃ¡il Ãireann.
num: 29
paragraphs: — (1) Subject to subsection (2), the chief executive shall, at the written request of an Oireachtas Committee, attend before it to give an account of the general administration of IFI.
(2) The chief executive is not required to give an account before an Oireachtas Committee of any matter relating to the general administration of IFI that is, or is likely to be, the subject of proceedings before a court or tribunal in the State.
(3) The chief executive shall, if of the opinion that subsection (2) applies to a matter about which that officer is requested to give an account before an Oireachtas Committee, inform the Committee of that opinion and the reasons for the opinion.
(4) The information required under subsection (3) to be given to the Oireachtas Committee must be given in writing unless it is given when the chief executive is before the Committee.
(5) If, on being informed of the chief executive’s opinion about the matter, the Oireachtas Committee decides not to withdraw its request, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.
(6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by—
(a) the chief executive not later than 21 days after being informed by the Oireachtas Committee of its decision not to withdraw its request, or
(b) the chairperson of the Oireachtas Committee acting on its behalf.
(7) Pending the determination of an application under subsection (6), the chief executive shall not attend before the Oireachtas Committee to give an account of the matter to which the application relates.
(8) If the High Court determines that subsection (2) applies to the matter, the Oireachtas Committee shall withdraw its request relating to the matter, but if the High Court determines that subsection (2) does not apply, the chief executive shall attend before the Committee to give an account of the matter.
(9) In carrying out duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy.
(10) With the permission of the chairperson of the Oireachtas Committee making the request under subsection (1), either—
(a) the chairperson of IFI, or
(b) an employee of IFI nominated by the chief executive,
may attend before the Committee in place of the chief executive to give an account of the general administration of IFI, and in that case a reference in subsections (2) to (9) to the chief executive is to be read as a reference to the person attending in his or her place.
(11) In this section “ Oireachtas Committee ” means—
(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of DÃ¡il Ãireann or the Committee on Members’ Interests of Seanad Ãireann), or
(b) a subcommittee of a committee as defined in paragraph (a).
num: 30
paragraphs: — (1) IFI may, subject to subsection (2), appoint persons to be its employees and may determine their duties.
(2) IFI shall, with the approval of the Minister given with the consent of the Minister for Finance, determine—
(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and
(b) the grades of the employees of IFI and the numbers of employees in each grade.
(3) The remuneration and allowances of the employees of IFI are payable by IFI to them out of funds at its disposal.
num: 31
paragraphs: — (1) The following sections are substituted for sections 292 and 293 of the Principal Act (as amended by Part I of the Fourth Schedule to the Act of 1980)—
“292.— In this Part—
‘authorised person’ means, except where the context otherwise requires, any person being—
(a) an officer of the Minister or other person appointed in writing by the Minister to be an authorised person for the purposes of this Part,
(b) an officer of Inland Fisheries Ireland or other person appointed in writing by Inland Fisheries Ireland to be an authorised person for the said purposes, or
(c) a private water keeper;
‘private water keeper’ means a water keeper appointed under section 294.
num: 293
paragraphs: — (1) The powers conferred by this Part on a private water keeper shall be exercisable only for the protection of the fisheries specified in his or her instrument of appointment.
(2) (a) The powers conferred by this Part on a member of Inland Fisheries Ireland or an officer of Inland Fisheries Ireland or other person appointed under this Part by Inland Fisheries Ireland to be an authorised person for the purposes of this Part shall be exercised by him or her only for the protection of the fisheries in an area or areas as may be specified in their appointment or thereafter by Inland Fisheries Ireland and for the enforcement in such area or areas of the Inland Fisheries Acts 1959 to 2010.
(b) A document purporting to be an appointment under this Part and to be signed by the chief executive of Inland Fisheries Ireland shall be receivable as prima facie evidence in any legal proceedings without proof either of any signature on it or that person whose signature on it was the chief executive of Inland Fisheries Ireland.”.
(2) Every instrument of appointment by IFI of an officer or other person to be an authorised person for the purposes of Part XVIII of the Principal Act shall be—
(a) prepared and printed in the prescribed form, and
(b) sealed with the seal of IFI,
and every document purporting to be such an instrument and to be sealed with the seal of IFI shall be admissible in any legal proceedings as prima facie evidence of such appointment.
num: 32
paragraphs: — (1) As soon as may be after the establishment day, IFI shall prepare a scheme or schemes for the granting of superannuation benefits to or in respect of such employees (including the chief executive) as it may think fit.
(2) Every scheme made under this section shall be subject to the consent of the Minister and the consent of the Minister for Finance.
(3) Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms and conditions may be fixed in respect of different classes of persons.
(4) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons who transferred to IFI under section 49 shall not be less favourable than those to which they were entitled immediately before that day.
(5) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of IFI under section 49 , the benefit shall be calculated by IFI in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day, and for that purpose his or her pensionable service with IFI shall be aggregated with his or her previous pensionable service and the benefit, as so calculated, shall be paid by IFI.
(6) Every scheme made under this section may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.
(7) A scheme submitted by IFI under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by IFI in accordance with its terms.
(8) No superannuation benefit shall be granted by IFI nor shall any other arrangements be entered into by IFI for the provision of such a benefit to or in respect of a member of the staff of IFI otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.
(9) Every scheme made under this section shall make provision for appeals.
(10) A scheme made 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 scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.
num: 33
paragraphs: — (1) As soon as may be after the establishment day, IFI shall, subject to section 49 and following consultation with any recognised trade union or staff association concerned, prepare and submit to the Minister a staff scheme or schemes providing for the regulation, control and management of the staff of IFI.
(2) Such a scheme shall indicate in respect of the different grades of staff (either generally or severally, as may be appropriate) the remuneration, tenure of office, qualifications for appointment and conditions of service.
(3) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for Finance, be implemented by IFI in accordance with its terms.
(4) IFI may, after consultation with any recognised trade union or staff association concerned, at any time, with the approval of the Minister given with the concurrence of the Minister for Finance, amend a scheme under this section.
num: 34
paragraphs: — (1) IFI may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this section shall be paid by IFI out of monies at its disposal.
(2) IFI and the chief executive shall have regard to, but shall not be bound by, the advice of any consultant or adviser under this section.
num: 35
paragraphs: — (1) In performing functions under this or any other enactment as—
(a) a member of IFI or a committee of IFI,
(b) the chief executive or any other employee of IFI,
(c) a person engaged by IFI as a consultant or adviser, or
(d) an employee of a person referred to in paragraph (c),
a person shall maintain proper standards of integrity, conduct and concern for the public interest.
(2) Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which IFI has engaged that person.
(3) For the purposes of subsection (1), IFI shall issue codes of conduct for the guidance of persons who are—
(a) members of a committee of IFI but are not members of IFI,
(b) employees of IFI other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,
(c) engaged by IFI as consultants or advisers, or
(d) employees of persons referred to in paragraph (c).
(4) A code of conduct issued under this section for the guidance of persons referred to in subsection (3) must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.
(5) A person to whom a code of conduct relates is required to have regard to and be guided by the code in performing their functions under this or any other enactment.
(6) The terms and conditions on which a person is employed by IFI or by a person referred to in subsection (1)(c) or on which a person is engaged by IFI as a consultant or adviser, as the case may be, are deemed to include any requirements that apply to that person under subsection (5).
(7) Subject to subsection (8), IFI shall as soon as practicable after issuing a code of conduct make the code available to the persons for whose guidance it was issued.
(8) A code of conduct for the guidance of employees of a person engaged by IFI as a consultant or adviser shall be issued by IFI to the employer and be made available by the employer to those employees.
(9) A document purporting to be a code of conduct issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible in any proceedings before a court or other tribunal.
(10) Any provision of such code that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by it in determining the question.
num: 36
paragraphs: — (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while performing functions as—
(a) a member of IFI or a committee of IFI,
(b) the chief executive or any other employee of IFI,
(c) a person engaged by IFI as a consultant or adviser, or
(d) an employee of a person referred to in subsection (c).
(2) A person does not contravene subsection (1) by disclosing confidential information if—
(a) IFI authorises its disclosure,
(b) the disclosure is made to IFI,
(c) the disclosure is made to the Minister by or on behalf of IFI or in compliance with a requirement of this Act, or
(d) the disclosure is otherwise required by law.
(3) In this section “confidential information” means—
(a) information that is expressed by IFI to be confidential either as regards particular information or as regards information of a particular class or description, and
(b) proposals of a commercial nature or tenders submitted by any person.
(4) Where a person to whom this section applies fails to comply with a requirement of this section, IFI shall decide the appropriate action (including removal from office or termination of contract) to be taken.
(5) Nothing in subsection (1) shall prevent the disclosure of information—
(a) in a report made to IFI or by or on behalf of IFI to the Minister, or
(b) by a member of IFI to the Minister.
num: 37
paragraphs: — (1) Where a person communicates his or her opinion, whether in writing or otherwise, to a member of the Garda SÃ­ochÃ¡na or a member of IFI that—
(a) an offence under this Act or any other enactment has been or is being committed,
(b) any provision of this Act or any other enactment or rule of law has been or is being contravened, or
(c) there has been other serious wrongdoing in relation to IFI,
then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.
(2) Where a person communicates his or her opinion, whether in writing or otherwise, to the Minister that a direction given by the Minister under this Act has been or is being contravened then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.
(3) This section applies to a communication—
(a) that would, but for this section, constitute a breach of duty by the person who made it, or
(b) in respect of which, another person would, but for this section, have a cause of action against the person who made it.
num: 38
paragraphs: — (1) IFI shall not penalise or threaten penalisation against an employee for—
(a) making a complaint to a member of the Garda SÃ­ochÃ¡na or a member of IFI that a provision of this Act, or any enactment or other rule of law, has been or is being contravened,
(b) making a complaint to the Minister that a direction given by him or her under this Act has been or is being contravened,
(c) making a complaint to a member of IFI that there has been serious wrongdoing in relation to IFI,
(d) giving evidence in any proceedings under this Act or any other enactment, or
(e) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.
num: 39
paragraphs: — (1) A person who states to a member of the Garda SÃ­ochÃ¡na or a member of IFI that—
(a) an offence under this Act or any other enactment has been or is being committed,
(b) a provision of this Act, a provision of any other enactment or any rule of law has been or is being contravened, or
(c) there has been serious wrongdoing by any person in relation to IFI,
knowing the statement to be false commits an offence.
(2) A person convicted of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 3 years or both.
num: 40
paragraphs: — (1) Where a member of IFI, a member of a committee of IFI or the chief executive—
(a) is nominated as a candidate for election to either House of the Oireachtas or the European Parliament,
(b) is elected as a member of either House of the Oireachtas or the European Parliament,
(c) is nominated as a member of Seanad Ãireann, or
num: 41
paragraphs: — (1) IFI shall, in accordance with this section, prepare, adopt and, at the times specified in subsection (2), submit to the Minister for approval a 5 year rolling corporate plan for the 5 year period following the date of its submission.
(2) A corporate plan must be submitted at the following times—
(a) within 6 months after the establishment day,
(b) within 6 months after the appointment of a person as a Minister of the Government having charge of the Department of Communications, Energy and Natural Resources, if that person requests that a corporate plan be submitted, or
(c) at the end of the 5 year period since the last corporate plan was submitted.
(3) The corporate plan must be prepared, having regard to the functions of IFI, and in a form and manner in accordance with any directions issued by the Minister and must specify—
(a) the key objectives of IFI for the 5 year period concerned and the strategies for achieving those objectives,
(b) the manner in which IFI proposes to measure its achievement of those objectives, and
(c) the uses for which IFI proposes to apply its resources.
(4) In preparing the corporate plan, IFI shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of IFI.
(5) Within 3 months after receiving a corporate plan, the Minister shall—
(a) approve the plan, or
(b) if the plan is not amended in accordance with any directions that may be issued by the Minister to IFI, refuse to approve the plan.
(6) An approved corporate plan may be amended by the Minister at any time or may be amended by IFI, but in the latter case only after—
(a) IFI submits the proposed amendment to the Minister for approval, and
(b) the amendment is approved by the Minister.
(7) Subsections (5) and (6) apply with the necessary modifications in respect of an amendment by IFI to an approved corporate plan.
(8) Nothing in a corporate plan is to be taken to prevent IFI from, or to limit IFI in, performing its functions.
num: 42
paragraphs: — (1) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—
(a) within 21 days after the plan is approved by the Minister, and
(b) if the plan is amended under section 41 (6) after being approved by the Minister, within 21 days after—
(i) in the case of an amendment made by the Minister, the making of the amendment, or
(ii) in the case of an amendment made by IFI, the amendment is approved by the Minister.
(2) IFI shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published on the website (if any) on the internet maintained by IFI or in accordance with such other arrangements as the Minister may specify.
(3) IFI shall provide the Minister with progress reports on the implementation of an approved corporate plan—
(a) in its annual report, and
(b) in such other manner and at such intervals as the Minister may direct.
num: 43
paragraphs: — IFI may, for the purposes of the performance of its functions, borrow money but shall not do so without the consent of the Minister given with the consent of the Minister for Finance.
num: 44
paragraphs: — (1) IFI shall submit estimates of its income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister and shall furnish to the Minister such other information in relation to the estimates as the Minister may require.
(2) Where the Minister receives an estimate prepared for the purpose of this section, the Minister may confirm the estimate, with or without modification, or refuse to confirm the estimate.
(3) Where the Minister refuses to confirm an estimate, the Minister may require IFI to prepare and submit for the purposes of this section a fresh estimate of its expenditure and receipts for the year or other period to which the unconfirmed estimate relates.
(4) IFI shall, as soon as may be, comply with a requirement under subsection (3). Subsection (1) applies to estimates prepared in accordance with a requirement under subsection (3) as it applies to estimates prepared under that subsection.
(5) IFI shall not, without the consent of the Minister, incur any expenditure other than expenditure included in an estimate as confirmed under this section by the Minister.
num: 45
paragraphs: — The Minister may in each year, having regard to the corporate plan of IFI and national policy priorities, and after consultation with IFI about its proposed activities and expenditure for that year, make grants of such amounts to IFI as may be sanctioned by the Minister for Finance, out of monies provided by the Oireachtas, towards the expenditure incurred by it in the performance of its functions.
num: 46
paragraphs: — (1) IFI shall cause to be kept on a continuous basis proper books of accounts of—
(a) all income and expenditure of IFI,
(b) all sources of such income and the subject matter of such expenditure, and
(c) the property, assets and liabilities of IFI.
(2) IFI shall, in respect of each financial year, prepare annual financial statements (including accounts of income and expenditure and a balance sheet) in such form as the Minister may direct.
(3) IFI shall adopt the annual financial statements prepared in accordance with subsection (2) as soon as practicable but not later than 3 months after the end of the financial year to which they relate.
(4) The financial year of IFI shall be the period of 12 months ending on 31 December in any year and for the purposes of this section and sections 45 and 47 , the period commencing on the establishment day and ending on 31 December in that year shall be deemed to be a financial year.
(5) On adopting the financial statements, IFI shall submit a copy of them to—
(a) the Comptroller and Auditor General for audit, and
(b) the Minister,
at the same time.
(6) On completing the audit, the Comptroller and Auditor General shall send to IFI a copy of the annual financial statements with the report on the audit.
(7) IFI shall immediately transmit a copy of the audited annual financial statements together with the Comptroller and Auditor General’s report to the Minister who shall ensure that a copy is laid before the Houses of the Oireachtas as soon as practicable.
(8) IFI and the officers of IFI shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the books and accounts of IFI in respect of any year or other period and shall facilitate such examination.
(9) IFI shall pay such fees in respect of an examination under subsection (8) as may be fixed by the Minister.
num: 47
paragraphs: — (1) IFI shall, as soon as may be but not later than 4 months after the end of each year, prepare and submit to the Minister a written report (“annual report”) of its activities during the year.
(2) The Minister shall, as soon as may be but not later than 6 months after the end of the year to which it relates, cause a copy of a report under subsection (1) to be laid before each House of the Oireachtas.
(3) A report under this section shall include information in such form and about such matters (including the financial accounts of IFI) as the Minister may direct.
(4) IFI shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as the Minister may specify concerning or relating to its activities, or in respect of any account kept by IFI under section 46 or any report under subsection (1).
num: 48
paragraphs: — (1) On the establishment day the Central Board and each of the regional boards are dissolved.
(2) Notwithstanding any of the conditions of their appointment, the term of office of a member of the Central Board or a regional board terminates on the establishment day.
num: 49
paragraphs: — (1) Each person who, immediately before the establishment day, was an employee of the Central Board or a regional board is, on that day, transferred to and becomes an employee of IFI.
(2) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person transferred under this section will be subject to terms and conditions of employment no less favourable than those to which the person was subject immediately before the establishment day while in the employment of the Central Fisheries Board or a regional fisheries board.
(3) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts—
(a) the Redundancy Payments Acts 1967 to 2007,
(b) the Minimum Notice and Terms of Employment Acts 1973 to 2005,
(c) the Unfair Dismissals Acts 1977 to 2007,
(d) the Terms of Employment (Information) Acts 1994 and 2001,
(e) the Maternity Protection Acts 1994 and 2004,
(f) the Adoptive Leave Acts 1995 and 2005,
(g) the Organisation of Working Time Act 1997 ,
(h) the Parental Leave Acts 1998 and 2006,
(i) the Protection of Employees (Part-Time Work) Act 2001 ,
(j) the Carer’s Leave Act 2001 , and
(k) the Protection of Employees (Fixed-Term Work) Act 2003 .
(4) (a) IFI may, subject to subsection (2) and following consultation with any recognised trade union or staff association concerned—
(i) redistribute or rearrange the duties performed by members of the staff of IFI who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allotted to him or her in any distribution or rearrangement, and
(ii) require any member of the staff of IFI to transfer, in such manner as is specified by IFI, to a regional operation of IFI so specified, and every such member or person shall be bound to transfer in accordance with the requirement.
(b) A redistribution or rearrangement referred to in paragraph (a) shall not be taken to be a removal from or abolition of office for the purposes of any scheme or enactment relating to superannuation or compensation for loss of office.
(5) In this section—
“consultation” has the meaning assigned to it by section 1 of the Employees (Provision of Information and Consultation) Act 2006 ;
“previous service” means service before the applicable transfer day with or recognised for pensionable purposes by the Central Board or any regional board;
“terms and conditions of employment” includes terms and conditions in respect of tenure of office, remuneration and related matters.
num: 50
paragraphs: — The pension payments and other superannuation liabilities of the Central Board and each of the regional boards in respect of their former employees become on the establishment day the liabilities of IFI.
num: 51
paragraphs: — (1) On the establishment day all land which, immediately before that day, was vested in the Central Board or a regional board and all easements, rights, powers and privileges relating to or connected with such land are, without any conveyance or assignment, transferred to and vested in IFI.
(2) On the establishment day, all equipment and property other than land including choses-in-action and non-tangible assets (such as fishing rights, leases, licences and rights of way) which immediately before that day was the property of the Central Board or a regional board is transferred to and vested in IFI without any assignment.
(3) All rights and liabilities of the Central Board or a regional board arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day are on that day transferred to IFI.
(4) Each right and liability transferred under subsection (3) may on or after its transfer be sued on, recovered or enforced by or against IFI in its own name and it shall not be necessary for IFI to give notice of the transfer to the person whose right or liability is transferred.
num: 52
paragraphs: — Every contract, agreement or arrangement made between the Central Board or a regional board and any other person and in force immediately before the establishment day—
(a) continues in force on and after that day,
(b) is to be read and have effect as if the name of IFI were substituted in the contract, agreement or arrangement for that of the Central Board or regional board concerned, and
(c) is enforceable by and against IFI.
num: 53
paragraphs: — (1) If, immediately before the establishment day, any legal proceedings to which the Central Board or any regional board is a party are pending in any court or tribunal, Inland Fisheries Ireland shall be substituted in the proceedings for the name of the board concerned and the proceedings shall not abate because of the substitution.
(2) Subsection (1) applies with the necessary modifications in relation to any legal proceedings to which, immediately before the establishment day, any of the following officers is, in his or her official capacity, a party—
(a) the chief executive officer of the Central Board, or
(b) the chief executive officer of any regional board.
(3) Any reference to the Central Board or any regional board in an order made by a court before the establishment day shall, on the establishment day, be construed as a reference to IFI.
num: 54
paragraphs: — (1) Any resolution passed or notice served by the Central Board or any regional board before the establishment day, the operation, effect or term of which has not ceased or expired immediately before that day, continues in force on and after that day, and has effect as if it were a resolution passed or a notice served by IFI.
(2) Any licence or permit issued by the Central Board or any regional board that was in force immediately before the establishment day continues in force on and after that day, and has effect as if it were a licence or permit issued by IFI.
(3) Each record held by the Central Board or any regional board immediately before the establishment day is on that day transferred to IFI and is, on and from that day, deemed to be held by IFI.
num: 55
paragraphs: — (1) IFI shall prepare, in accordance with the accounting standards specified by the Minister for the purposes of section 46 (2) and in respect of the period specified under subsection (3), final accounts of the Central Board and each of the regional boards dissolved under section 48 .
(2) IFI shall submit the final accounts prepared in accordance with subsection (1) to the Comptroller and Auditor General for audit not later than 3 months after the establishment day.
(3) For the purpose of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the body concerned.
(4) Section 46 (7) and (8) applies with the necessary modifications in relation to the final accounts prepared under this section.
num: 56
paragraphs: — (1) IFI shall prepare a final annual report in respect of the Central Board and the regional boards dissolved under section 48 and submit the report to the Minister not later than 6 months after the establishment day.
(2) Section 47 (2) applies with the necessary modifications in relation to an annual report prepared under this section.
num: 57
paragraphs: — (1) In addition to the power of making bye-laws conferred on him or her by any other section of the Inland Fisheries Acts, the Minister may, at the request of IFI or on his or her own initiative, make such bye-laws as are in his or her opinion expedient for the more effectual government, management, protection and improvement of the fisheries of the State or any part of the State or in any fishery district in relation to all or any of the following matters—
(a) the regulation of the fisheries of the State or that fishery district and the preservation of good order amongst the persons engaged in them,
(b) the times and seasons at which the taking of the several species of fish shall commence and cease, including bye-laws varying the weekly close time in relation to any river or the weekly close time in relation to any fishing weir which is the subject of an order under section 107(2) of the Principal Act (being bye-laws which do not reduce the weekly close time to less then 48 hours),
(c) the times and places or the manner at and in which any fishing engine to be employed in those fisheries or that fishery district may be used,
(d) the description and form of nets to be used in those fisheries or that fishery district and the size of their meshes,
(e) the prohibition of the use of nets,
(f) the prohibition of the use at any time of any fishing engine which is in the opinion of the Minister injurious to those fisheries or that fishery district,
(g) the prohibition of any practice whatsoever tending in the opinion of the Minister to impede the lawful capture of fish or to be in any manner detrimental to those fisheries or that fishery district,
(h) the imposition of prohibitions or restrictions of an emergency character on the taking by any specified engine or engines of the several species of fish or of any of those species for a specified period not exceeding one year in duration where, in the opinion of the Minister, such prohibitions or restrictions are necessary, and
(i) any other matter or thing relating in any manner to the government and protection of those fisheries or that fishery district.
(2) A person who contravenes or fails to comply with a bye-law made under this section (other than a bye-law referred to in subsection (4)) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.
(3) Any fish illegally taken by a person or in his or her possession at the time of an offence referred to in subsection (2) and also any fishing engine or thing by means or in respect of which the offence is committed, as a statutory consequence of conviction, stands forfeited.
(4) A person who contravenes a bye-law made under this section which—
(a) prohibits the use, or attempt to use either generally or in a manner specified in the bye-law in fishing for salmon or trout, any drift net, or 2 or more drift nets joined together, or any drift net, or 2 or more drift nets so joined, which is of a specified class or description,
(b) prohibits the having on board any boat, either generally or in an area which is specified in the bye-law, any such drift net or nets,
(c) prohibits the use, or attempt to use, in fishing for salmon or trout, any net made wholly or partly from monofilament or multistrand monofilament, or
(d) prohibits the having on board any boat, or the possession for the capture of fish on any quay, on or near any bank of a river or estuary, or on or near any sea coast or at sea, any net mounted or otherwise prepared for use in fishing and made wholly or partly of monofilament or multistrand monofilament, or of monofilament or multistrand monofilament with a mesh greater than a size specified in the bye-law,
commits an offence and is liable—
(i) on summary conviction to a fine not exceeding €2,000, or
(ii) on conviction on indictment to a fine not exceeding €10,000,
and fish illegally taken by him or her or in his or her possession at the time of the offence and also any fishing engine or thing by means or in respect of which the offence is committed, as a statutory consequence of conviction, stands forfeited.
(5) A bye-law made under this section—
(a) comes into operation on the day specified in it or, if no such day is specified, on the 28th day after the day on which it is made, and
(b) shall be published as soon as may be after its making—
(i) in the Iris OifigiÃºil, and a notice advising of the making of the bye-law and its contents shall be published in one or more newspapers circulating in the district affected by the bye-law, and
(ii) on the website (if any) on the internet maintained by IFI.
(6) A copy of the bye-law shall, within one month after it comes into operation, be forwarded, in such manner as the Minister decides, to—
(a) the county registrar for every county which or part of which is affected by the bye-law,
(b) the District Court Clerk of every Court District which or part of which is affected by the bye-law, and
(c) every station of the Garda SÃ­ochÃ¡na within the area affected.
(7) (a) Any person aggrieved by a bye-law under this section may, within 28 days after its publication in the Iris OifigiÃºil, appeal to the High Court against the making of the bye-law. Any appeal does not effect the operation of the bye-law pending the outcome of the appeal.
(b) The judge hearing the appeal may confirm or annul the bye-law but if the bye-law is annulled, the annulment shall be without prejudice to the validity of anything done under or in pursuance of the bye-law before its annulment.
(c) The decision of the High Court on the appeal shall be final and conclusive.
(d) An order made by the High Court on an appeal under paragraph (a) shall be published and deposited in the manner prescribed by subsections (5) and (6).
(8) Notwithstanding anything contained in the Principal Act, the Minister may, if he or she thinks fit—
(a) make a bye-law, without previously having held an inquiry into the feasibility of making the bye-law, under any provision of the Principal Act empowering him or her to make a bye-law, and
(b) make a bye-law, without an application having been made to the Minister to have an inquiry held into the feasibility of making the bye-law—
(i) altering the period which is in any locality the annual close season for salmon and trout, the annual close season for angling for salmon, the annual close season for angling for trout, the annual close season for pollen, the annual close season for eels, or the close season for oysters, or
(ii) under section 272 of the Principal Act.
(9) Any bye-law made under section 9 (repealed by section 4 ) of the Principal Act which is in force immediately before the establishment day continues in force as if made under this section.
num: 58
paragraphs: — (1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31 December as may be specified in the order be construed and have effect as a reference to a period which is co-extensive with the calendar year.
(2) The Minister may as regards any provision contained in the Principal Act which relates to the determining, making, levying, collection or recovery of fishery rates and which is directly or indirectly related to or affected by the order described in subsection (1) adapt, modify or otherwise amend the provision in such manner as he or she considers appropriate having regard to the provision.
(3) Where an order under this section is for the time being in force, the Principal Act shall be construed and have effect subject to and in accordance with the provisions of the order.
num: 59
paragraphs: — (1) Subject to this section, for the purpose of improving any fishery (whether or not the fishery is the property of IFI) IFI may do all or any of the following, namely—
(a) take fish from a fishery by any means whatsoever,
(b) implement any other measure intended to alter or regulate the stock in a fishery of fish of one or more particular species,
(c) keep under surveillance and from time to time ascertain by any means the quality of water in a fishery,
(d) alter, repair, remove or demolish any fence, hedge, tree or wall,
(e) dig, break or otherwise temporarily close, cross, extend, divert or otherwise interfere with or alter any navigable waterway, river, stream or other watercourse, bridge, tunnel, culvert, pipe, drain or other thing, and
(f) notwithstanding section 327 of the Principal Act, take materials from any river, stream or other watercourse,
provided that IFI shall only exercise a power under paragraphs (e) or (f) after consultation with the Commissioners and provided also that in relation to a fence, hedge, tree or wall which is adjacent to a public road or any property of a public authority, IFI shall only exercise a power under this subsection with the consent of the authority concerned, and in case there is a dispute as to whether a particular fence, hedge, tree or wall is adjacent to a public road or any such property, the matter shall be referred by IFI to the Minister to determine, whose decision, after consultation with the Minister for the Environment, Heritage and Local Government or such other Minister of the Government as he or she considers appropriate, shall be final.
(2) (a) Subject to paragraph (b), IFI shall not, in relation to a several fishery or other thing exercise a power under subsection (1) without the consent of its owner, and for the avoidance of doubt it is declared that in case the owner of the several fishery or other thing is a Minister of the Government, the Commissioners or a public authority, that Minister, the Commissioners or the public authority in giving such consent may attach to it such reasonable conditions as he or she or they think fit, and in addition to the foregoing, IFI shall not enter on or take possession of any fishery or land without giving the occupier of it one month’s previous notice in writing of its intention to do so.
(b) Where, on an application made to him or her by IFI, the Minister is satisfied that the owner of a several fishery or other thing cannot by diligent inquiry be found or ascertained, he or she may issue an authorisation under this section as regards the several fishery or other thing and for so long as an authorisation under this section is in force paragraph (a) shall not apply as regards the several fishery or other thing to which the authorisation relates.
(c) The Minister may at any time withdraw an authorisation under this section either on his or her own motion or on the application of any other person.
(3) Subject to section 65 , IFI, or its servants or agents or any contractor employed by IFI or any person employed by such contractor may, with or without vehicles, machinery or other apparatus (including boats or other vessels) or equipment, for the purposes of—
(a) gaining access to the site of fishery improvement works which are completed or which are in the course of being carried out or are to be carried out by IFI, or
(b) gaining access to a fishery (whether or not the fishery is the property of IFI) in order to inspect or maintain it,
enter on land at any reasonable time.
(4) (a) Subject to subsections (1)(b) and (c) and to section 65 , IFI may for any purpose mentioned in subsection (3) construct on or over any land a bridge, road or pathway of any description, and when constructed by IFI, use and maintain such bridge, road or pathway.
(b) Before exercising a power to construct under this subsection, IFI shall obtain the consent of the local authority within whose functional area the proposed bridge, road or pathway, or any part thereof, is proposed to be situate.
(c) Where IFI proposes to construct under this subsection a bridge, road or pathway on any land which is in the possession or occupation of the Minister, any other Minister of the Government, the Commissioners or a public authority, before exercising any of its powers in relation to the provision of the bridge, road or pathway, IFI shall first obtain the consent of—
(i) in case the land is in the possession or occupation of a Minister of the Government, that Minister,
(ii) in case the land is in the occupation or possession of the Commissioners, the Office of Public Works, or
(iii) in case the land is in the occupation or possession of a public authority, that authority,
and the requirements of this paragraph are in addition to and not in substitution for the requirements of paragraph (b) of this subsection.
(5) A person entering on land under this section may do on it all things ancillary to or reasonably necessary for the purpose for which the entry is made.
(6) A person authorised under section 20 (12) to exercise a power mentioned in subsection (1) shall be furnished by IFI with a certificate of such authorisation and when doing anything under the authorisation shall, if requested by the person affected, produce the certificate to that person.
(7) (a) Nothing in this section shall be construed as conferring on any person a power to enter a dwelling, nor except where there is through the garden or curtilage of a dwelling an ordinary road or passage to a fishery, shall it be construed as conferring on any person a power to enter such a garden or curtilage.
(b) Nothing in this section shall be construed as modifying or otherwise affecting the application of any requirement under the Planning and Development Acts 2000 to 2006.
num: 60
paragraphs: — (1) Where on an application made to him or her by IFI the Minister is satisfied that—
(a) for the purpose of enabling a corporate plan prepared by IFI to be carried out, it is necessary that a particular fishery be acquired under this section, or
(b) it is, for the purposes of managing, operating, protecting, conserving or developing any fishery in accordance with such a plan, expedient that the fishery should be acquired under this section,
the Minister may, with the consent of the Minister for Finance and in accordance with such guidelines and procedures, if any, as the Minister, with the approval of the Minister for Finance, specifies, authorise such acquisition by IFI.
(2) (a) A fishery to which an authorisation under subsection (1) relates may be acquired by IFI by agreement or, in default of agreement, by means of an order under this section made by the Minister.
(b) Paragraph (a) shall be construed as enabling IFI to acquire, by agreement or by an order under this section, either or both of the following—
(i) the bed and soil of waters when they form part of a fishery,
(ii) any estate or interest in land, or any way-leave, right of access or other easement or other right over, in or under land which in the opinion of IFI is required for or in connection with the preservation, conservation, operation, development or improvement of the fishery being acquired under the agreement or order.
(3) (a) Every application for an authorisation under this section to acquire a way-leave or right of way shall indicate, by reference to a plan sent with the application, the way-leave or right of way sought to be acquired.
num: 61
paragraphs: — (1) Where the bed and soil of any portion of a river or lake contiguous to a fishery to which this section applies, is not in the same ownership as such fishery, the Minister may, if to him or her it appears necessary or expedient for the maintenance, operation, improvement or development of such fishery, by order transfer to—
(a) in case such bed and soil is contiguous to a fishery owned by the Minister, the Minister, or
(b) in case such bed and soil is contiguous to a fishery acquired by IFI under section 60 , IFI,
so much of such bed and soil, not exceeding 50 yards (45.72 metres) either above or below, or 50 yards (45.72 metres) above and 50 yards (45.72 metres) below, such fishery, as the Minister shall specify in the order.
(2) An order under this section shall be expressed and operate to transfer to the Minister or IFI, as the case may be, as on and from the date specified therein in that behalf the bed and soil of the portion of the river or lake to which the order relates, in fee simple, free from encumbrances and from all estates and interests therein (except such angling right, if any, as may be reserved by the order).
num: 62
paragraphs: — (1) IFI may apply to the Minister for an order under this section effecting the compulsory acquisition of a right of way (“required right of way”) by a particular route over any land.
(2) Every application for an order under this section shall indicate, by reference to a plan sent with the application, the right of way sought to be acquired.
(3) Where an application for an order under this section is made, subject to subsection (4), the following provisions shall apply, namely:
(a) the Minister, after considering the application—
(i) if he or she is satisfied that the right of way sought is either required to enable IFI to perform a function assigned to it under this Act or is necessary to enable fishermen to gain access to fishing waters for the purpose of lawfully fishing and, in either case, that, in the circumstances of the case, to make an order under this section would be reasonable, may make an order creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement, or
(ii) refuse the application,
(b) if the Minister makes an order under this section, the occupier or the owner of the proposed servient tenement may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, and the Arbitrator may, on such appeal—
(i) if he or she is so satisfied, confirm the order, or confirm the order but alter the route over the proposed servient tenement of the right of way thereby created, or
(ii) if he or she is not so satisfied, revoke the order,
(c) if the Minister refuses to make an order under this section, IFI may, within the period of 2 months beginning on the date of such refusal, serve on the Minister a notice of appeal to the Arbitrator against such refusal, and the Arbitrator may, on such appeal—
(i) confirm the refusal, or
(ii) if he or she is so satisfied, make an order under this section creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement,
(d) if the Minister makes an order under this section creating a right of way other than the required right of way, IFI may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, in so far as it creates a right of way other than the required right of way, and the Arbitrator may, on such appeal—
(i) confirm the order as made by the Minister, or
(ii) vary such order by substituting a right of way over the proposed servient tenement different from that specified in the order.
num: 63
paragraphs: — (1) The Commissioners may by order under their seal transfer to the Minister or, with the consent of the Minister, to IFI, on such terms and conditions as, with the consent of the Minister for Finance, shall be agreed between the Commissioners and the Minister, all the estate and interest of the Commissioners in any fishery or fishing right which is in the possession or occupation of the Commissioners and also any land, way-leave, water-right, right of access or other easement or other right which is in the possession or occupation of the Commissioners and is ancillary to any such fishery or fishing right so transferred.
(2) An order made under this section shall operate to vest in the Minister or IFI, as may be appropriate, without any further or other conveyance, all the estate and interest of the Commissioners in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access and other easements or other rights purported to be transferred to the Minister or IFI by the order.
num: 64
paragraphs: — (1) The Minister may, with the consent of the Minister for Finance, by order, transfer to IFI any fishery or fishing right—
(a) subject to the agreement of the Minister for Agriculture, Fisheries and Food, acquired by or vested in that Minister under the Forestry Acts 1919 and 1928, or the Forestry Acts 1946 to 1988, or so vested by virtue of the Forestry (Re-distribution of Public Services) Order 1933 (S.R. & O., No. 158 of 1933),
(b) transferred to the Minister under section 63 , or
(c) otherwise acquired by the Minister.
(2) An order under subsection (1) shall operate to vest in IFI, without any further or other conveyance, all the estate and interest of the Minister in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access or other easements or rights, purported to be transferred to IFI by such order.
num: 65
paragraphs: — (1) Subject to subsection (3), the exercise of any power under sections 59 , 60 , 61 or 62 shall be subject to payment of compensation in respect of—
(a) any estate or interest in any fishery, or any other estate or interest in land, acquired under or by virtue of this Act,
(b) any easement or other right in, over, under or in respect of land or any estate or interest in an easement or such another right, so acquired, or
(c) any diminution, by reason of the exercise of the power, in the value of any easement or other right in, over, under or in respect of land, or any other estate or interest in any land or in any easement or such right,
and the compensation, together with any interest payable on it by virtue of subsection (2), shall be paid by—
(i) in case the power is exercised under section 60 , IFI, and
(ii) in any other case, the person in whose favour the power is exercised.
(2) (a) Subject to paragraph (b), where compensation is payable to a person under this section in respect of the exercise of a power under this Act, there shall be paid in accordance with subsection (1) interest on the amount of the compensation payable to the person, at such rate as shall be determined from time to time for the purposes of this section by the Minister for Finance, from the date on which the power is exercised until the payment of such compensation.
(b) If—
(i) the person by whom compensation under this section is payable makes an unconditional offer in writing of any sum as compensation to the person to whom the compensation is payable,
(ii) the offer is not accepted by the person to whom it is made, and
(iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered,
no interest shall be payable on such compensation.
(3) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 , in like manner in all respects as if such claim arose in relation to compulsory acquisition of land, and for this purpose IFI shall be deemed to be a planning authority and a public authority within the meaning of that Act.
(4) The following provisions shall have effect in relation to the fixing of the compensation payable under this section in respect of a fishery to which an authorisation under section 60 relates, namely, IFI or the official arbitrator, as may be appropriate, may have regard to the following—
(a) the current market value of the fishery,
(b) evidence of profitability of the fishery by reference to both—
(i) profits for a period ending prior to such authorisation, and
(ii) a profit forecast regarding the fishery which is—
(I) related to a period equal in length to the period referred to in subparagraph (i) but beginning on a day which is subsequent to such authorisation, and
(II) estimated both on a reasonable basis and on the assumption that the fishery continued to be used by the occupier and had not been so acquired.
(5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act 1845 , shall apply to any compensation payable under this section, and for the purposes of such application IFI shall be deemed to be the promoter of the undertaking.
(6) A claim for compensation under this section shall be brought within—
(a) in case the person entitled to the compensation is a minor or a person of unsound mind, a period of 6 years from the date when such person ceases to be under such disability or dies, whichever event first occurs, but not more than 30 years after the exercise of the relevant power under this Act, or
(b) in any other case, a period of 6 years from the date of the exercise of such power.
(7) Subject to subsection (6), compensation under this section may be paid to the personal representatives of a person entitled to it.
(8) In this section “official arbitrator” means the official arbitrator under the Acquisition of Land (Assessment of Compensation) Act 1919 .
num: 66
paragraphs: — (1) A person appointed under this section by the Minister is in this Act, other than section 65 , referred to as the “ Arbitrator ”.
(2) In case the Minister receives a notice of appeal under section 60 or 62 , or by virtue of section 61 (3), he or she shall as soon as may be appoint a person, who shall be a barrister of not less than 7 years’ standing, to hear the appeal (which person is hereby authorised to determine the appeal).
(3) In case the Minister proposes to amend an order made under section 60 , 61 or 62 , he or she shall as soon as may be appoint a person, who shall be a barrister described in subsection (2), to perform the functions assigned to the Arbitrator by paragraphs (a), (d), (e), (f) and (g) of section 67 (1).
num: 67
paragraphs: — (1) Where the Minister proposes to amend an order under section 60 , 61 or 62 , the following provisions apply:
(a) the Minister shall as soon as may be give notice in writing of his or her intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister’s intention in such newspapers and in such manner as the Arbitrator shall determine;
(b) the Minister shall give notice in writing of his or her intention to any person by whom an appeal relating to the order proposed to be amended was brought or in case the order is an order which has previously been amended to any person by whom an appeal relating to the original order was brought, or if in either case such person is deceased, to his or her personal representative;
(c) the Minister shall not make the order unless a draft of the order has been submitted to and approved by the Arbitrator;
(d) the Arbitrator shall not determine an application by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published, or in case such publication is made on different days, the day of the first such publication;
(e) any one or more of the following may, within such period of 30 days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his or her intention to make an application to the Arbitrator in relation to the proposed order, namely—
(i) any person by whom such an appeal was so brought, or, in case such person is deceased, his or her personal representative, or
(ii) the person who, immediately before the making of the order proposed to be amended, was the owner of the fishery or land acquired by that order or the successor in title of such person, or, if any right has been acquired by such order, the person who immediately prior to the making of that order was entitled to the enjoyment of such right or the successor in title of such person, or, if the order was made under section 62 , the owner of the relevant servient tenement;
(f) where a notice is served on the Minister the Arbitrator shall, before deciding whether or not to approve the proposed order, give the person by whom the notice was served an opportunity of being heard (either in person or through counsel or a solicitor); and
(g) the Arbitrator may in determining the matter approve the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his or her approval.
(2) The Commissioners may by order under their seal amend an order made by them under section 63 .
(3) If in relation to an application under subsection (1) the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.
num: 68
paragraphs: — (1) The Minister may, with the consent of the Minister for Finance, sell (otherwise than to IFI) any fishery or fishing right vested in him or her, whether under section 63 or otherwise, and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a fishery) carried on by him or her at such price as he or she may with the concurrence of the Minister for Finance think proper.
(2) Any monies received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(3) The Minister shall, as soon as practicable, notify the Joint Oireachtas Committee of the details of any sale completed in accordance with subsection (1).
num: 69
paragraphs: — (1) The Minister may, after consultation with IFI, make regulations to provide for a scheme for the management, development and conservation of stocks of wild salmon and sea trout and in particular provide for the gathering of information by the tagging of such fish.
(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for all or any of the following—
(a) the manner, type, size and colour of tags which are to be affixed to wild salmon and sea trout,
(b) the information to be contained on such tags,
(c) the issue and distribution by persons of tags and log books to persons fishing for wild salmon or sea trout,
(d) matters relating to the sale, display, import, export and transhipment of wild salmon and sea trout or farmed salmon,
(e) log books to be kept and the manner of their keeping by persons fishing for wild salmon or sea trout,
(f) records to be kept by persons selling or dealing in salmon,
(g) registers to be kept by persons providing such tags or log books,
(h) the inspection by authorised officers of such tags, log books, registers and records,
(i) the furnishing of such information on tags, log books, registers and records as may be requested by an authorised officer,
(j) fees to be charged in respect of the issue of any such tag or log book, and
(k) information in relation to any scheme under this section to be provided by IFI to the Minister.
(3) The powers conferred by subsection (1) are in addition to and not in substitution for the powers conferred by section 57 .
(4) For the purpose of enforcing any regulations made under this section, an authorised officer may—
(a) stop and question any person who has or is suspected of having in his or her possession any tag or log book issued, or record kept, under regulations made under this section or any salmon or sea trout and request the production of and examine such tag, log book, record or salmon or sea trout and search any person whom he or she has reason to believe has contravened any regulations made under this section,
(b) at all reasonable times, enter and search any place or premises or boat or vehicle in which the officer believes there is any tag or log book issued, or a register maintained, or record kept, under regulations made under this section or any salmon or sea trout and there examine any such tag, log book, register, record, salmon or sea trout and take copies of or extracts from any log book, register or record, found in it,
(c) where he or she finds any wild salmon or sea trout which has not been tagged in accordance with regulations made under this section, the officer may in accordance with such regulations tag the fish or remove any tags affixed to it which do not comply with such regulations or require the person found in possession of the fish or in charge of the place, premises, boat or vehicle where it is found to tag, or cause it to be tagged, in accordance with such regulations or to remove or cause to be removed any tags affixed to it which do not comply with any such regulations,
(d) take, remove and detain in his or her custody any tag, log book, register or record found in the course of the exercise of any of the powers conferred by this section in respect of which a contravention of any regulation made under this section is being or is suspected of having been committed, and
(e) request and take the name and address of the person having custody of any tag, log book, register, record, salmon or sea trout which the officer is authorised under this section to examine.
(5) A person who obstructs or interferes with, or fails to comply with a requirement of, an authorised officer in exercise of any power conferred on the officer under this section or refuses to give his or her name and address when required under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,500.
(6) (a) Subject to paragraph (b), a person (other than an authorised officer or officer of IFI) who contravenes or fails to comply with any regulation made under this section and which is stated to be a penal offence commits an offence and is liable on summary conviction—
(i) in the case of a first offence, to a fine not exceeding €1,000,
(ii) in the case of a second or subsequent offence, other than an offence referred to in subparagraph (iii), to a fine not exceeding €1,500, and
(iii) in the case of a third or subsequent offence which is the third or subsequent offence in any period of 12 consecutive months, to a fine not exceeding €2,000.
(b) Paragraph (a) does not apply to an authorised agent (within the meaning of section 70(1) of the Principal Act) in respect of any requirement under any regulation made under this section to issue tags or logbooks.
(7) (a) A person shall not affix a tag to any wild salmon or sea trout, which he or she knows, or in the circumstances ought to know, has been unlawfully caught.
(b) A person shall not forge or fraudulently alter, or cause to have forged or fraudulently altered, any tag, logbook or document.
(c) A person shall not have in his or her possession any tag, logbook or document which he or she knows, or in the circumstances ought to know, has been forged or fraudulently altered.
(d) A person shall not give false information to obtain any tag, logbook or document.
(e) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months, or both.
(8) Where the Minister proposes to make regulations under this section (other than any regulation altering the commencement of any regulations made under this section), the following provisions shall have effect—
(a) the Minister shall publish notice of his or her proposal at least once in such newspaper or newspapers published and circulating in the State as he or she may specify,
(b) the notice shall include a statement of the purposes for which the regulations are proposed to be made and an intimation that a copy of the draft regulations is open for public inspection at a place specified in the notice and that any person may submit to the Minister objections to the draft regulations at any time during the period of 30 days commencing on the day of the first publication of the notice,
(c) the Minister shall, during that period of 30 days, keep a copy of the draft regulations open for public inspection at the place aforesaid,
(d) any person who objects to the draft regulations may submit his or her objection to the Minister in writing at any time during that period of 30 days and the Minister shall consider the objections, and
(e) on the expiration of that period of 30 days, the Minister shall, as he or she may think proper, refrain from making the regulations or make the regulations either without modifications or with such modifications therein as he or she may think proper.
(9) Where the Minister considers that any regulations he or she proposes to make under this section, which amend, revoke or replace regulations which, for the time being, are in force and made under section 24 of the Act of 1999 or this section, do not substantially affect the policy contained in the regulations being amended, revoked or replaced and are necessary administrative changes required as a result of the establishment of IFI or any technical amendments or correction of errors, the Minister need not comply with any of the requirements of subsection (8).
(10) In this Chapter—
num: 70
paragraphs: — (1) This section applies to an offence under section 69 (6), in respect of such contraventions of regulations made under section 69 (1), as may be declared by the Minister by regulations to be contraventions to which this section applies.
(2) Where an authorised officer has reasonable grounds for believing that a person is contravening or has contravened a regulation made under section 69 (1), being a contravention to which this section applies, he or she may serve the person with a fixed charge notice in the prescribed form stating that—
(a) the person is alleged to have so contravened,
(b) the person may, during the period of 21 days beginning on the date of the notice, make to IFI at the address specified in the notice a payment of the prescribed amount (“fixed charge”) specified in the notice accompanied by the notice, and
(c) a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged contravention will be instituted.
(3) Where a fixed charge notice is given under subsection (2)—
(a) a person to whom the notice applies may, during the period specified in the notice, make to IFI at the address specified in the notice the payment specified in the notice accompanied by the notice,
(b) IFI may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and
(c) a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged contravention shall be instituted.
(4) In a prosecution for an offence under section 69 (6) the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.
(5) The Minister may by regulations prescribe the amount of a fixed charge applicable under this section and different amounts may be prescribed in respect of different contraventions.
(6) In this section a reference to a contravention of a regulation made under section 69 (1) includes a reference to a failure to comply with such a regulation.
num: 71
paragraphs: — (1) The Minister may by order prohibit the sale and offering for sale at any time during a prescribed period in any year (“annual period”) of any fish which—
(a) is of a species specified in the order, or
(b) is—
(i) caught by rod and line, and
(ii) of a species so specified.
(2) An order under this section may—
(a) apply throughout the State or in a particular area or in particular areas of the State and so specified, and
(b) specify a particular annual period in relation to the whole of the State or specify different such periods in relation to different such areas.
(3) An order under this section shall apply to any fish—
(a) in case the order is made under subsection (1)(a), of the species specified in the order, and
(b) in case the order is made under subsection (1)(b), caught by rod and line and of a species specified in the order.
(4) In case an order under this section is for the time being in force, a person shall not sell or offer for sale any fish to which the order applies—
(a) in case the order applies throughout the State or to a particular area or to particular areas of the State and specifies only one annual period, at any place in either the State, such area or any such area, as may be appropriate, at any time during that period, and
(b) in case the order specifies different annual periods in relation to different areas of the State, at any place in such an area at any time during the annual period so specified in relation to the area.
(5) A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence is committed.
num: 72
paragraphs: — (1) The Minister may by order prohibit the sale of nets or netting of a prescribed class or description.
(2) A person who sells a net or netting in contravention of an order under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,000.
(3) Where in any proceedings for an offence under this section—
(a) the defendant proves—
(i) that prior to the sale to which the alleged offence relates he or she had given to the Minister notice in writing of his or her intention to sell nets or netting of the relevant prescribed class or description,
(ii) that prior to such sale he or she had made of the purchaser inquiries as to the purposes for which the relevant net or netting was to be used, and
(iii) that he or she had kept a record in the manner directed under subsection (4) by the Minister of the result of his or her inquiries,
(b) the defendant produces to the court such record, and, in case the defendant was requested by or on behalf of the Minister so to do, he or she proves that within a reasonable time he or she produced to an officer of the Minister such record and allowed such officer to inspect it, and
(c) the court is satisfied—
(i) that the inquiries were made in good faith, and
(ii) that in the circumstances of the case it would have been reasonable for the defendant, having regard to the results of the inquiries, to have believed that such net or netting was not to be used for or in relation to fishing,
he or she shall be acquitted of the offence.
(4) In case the Minister receives a notification in writing by a person of his or her intention to sell a net or netting of a class or description specified in an order under this section, the Minister shall as soon as may be give to the person directions as to the manner in which a record of the results of inquiries made by him or her for the purposes of subsection (3) is to be kept.
num: 73
paragraphs: — (1) IFI shall establish and maintain a register to be known as the Register of Sea Anglers (“register”).
(2) (a) On payment of the appropriate annual subscription to IFI a person shall be registered in accordance with paragraph (b) in the register.
(b) On receipt of an application for registration in the register, accompanied by the appropriate annual subscription, IFI shall register the applicant as a sea angler.
(c) Where on 31 December in any year a person, other than a person entitled under subsection (4), is registered in a register he or she shall be entitled to remain so registered for the duration of the next following year if, but only if, before the day in that next following year which is the day for the time being fixed by the Minister under subsection (5) he or she pays to IFI the appropriate annual subscription.
(d) Where in any year a person who on the last preceding 31 December was registered in a register fails before the day in that year which is the day so fixed for the time being to pay the appropriate annual subscription, IFI shall immediately remove his or her name from the register.
(3) Any person other than a sea angler who is registered in a register by virtue of subsection (4) (being so registered before 1 January 1988) may at any time by an application in writing to IFI apply to IFI to re-register him or her as a sea angler and, on duly receiving an application under this subsection, IFI shall re-register him or her in the register maintained by it with effect from the day the application was received by it.
(4) (a) A person who immediately before the dissolution thereof was a life member of the Trust shall on application to IFI, and on making a declaration in a form approved of for the purposes of this subsection by the Minister, be registered by IFI in the register maintained by IFI.
(b) A person who is registered in a register under paragraph (a) may apply in writing to have his or her name removed from the register and on receipt of such an application IFI shall allow the application.
(c) Subsections (2)(a) and (b) apply to applications under this subsection as they apply to applications under that subsection but subject to the following modification, namely, the requirements of those paragraphs relating to annual subscriptions shall be disregarded.
(5) The Minister may by order fix a day or days for the purposes of subsection (2) and any such day may be so fixed in relation to—
(a) one or more particular years, or
(b) a particular year and the subsequent year thereafter, or
(c) any year.
(6) (a) References in this section to the appropriate annual subscription are references to an annual subscription of such amount as shall be fixed for the time being for the purposes of this section by the Minister, with the consent of the Minister for Finance.
(b) In this section “registered” means registered in the register.
(c) In this section and in section 81 “life member of the Trust” includes any person who the council of the Trust, under the Articles of Association of the Trust, distinguished as a donor member.
(7) The information contained in a register kept by a regional board in accordance with section 58 of the Act of 1980 and section 20 of the Act of 1987 shall on the establishment day be transferred to the new register established under this section by IFI.
num: 74
paragraphs: — (1) The Minister may by order provide for the issue by IFI, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order.
num: 75
paragraphs: — (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.
(2) A person who commits an offence under section 29 of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both.
(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.
num: 76
paragraphs: — (1) Proceedings for any offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57 (4) may be taken in any District Court District, and in case such proceedings are taken and apart from this section the judge of the District Court before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such judge of the District Court is assigned.
(2) Where a person is sent forward for trial on indictment by the Circuit Court for an offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57 (4) and apart from this subsection a judge of that court would, as regards the proceedings, not have power to exercise the jurisdiction vested in that court by section 25 (1) of the Courts (Supplemental Provisions) Act 1961 then for the purpose of enabling that judge to exercise such jurisdiction the offence may be treated as having been committed in the circuit to which such judge is assigned.
num: 77
paragraphs: — (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
(2) (a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both and that section shall be read and have effect accordingly.
(b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly.
(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75 (1), is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both.
(d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75 (1), is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.
(3) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part 2 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
(4) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1994 specified in column (2) of Part 3 of the Table to this section at any reference number, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, is liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
(5) Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.
(6) Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.
(7) Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence, as a statutory consequence of conviction, stands forfeited.
(8) This section has effect in respect of offences committed after the establishment day.
TABLE
PART 1
Reference Number
Section of Principal Act
Penalty
(1)
(2)
(3)
num: 1
paragraphs: 12, 13, 289.
A fine not exceeding €200.
num: 2
paragraphs: 49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323.
A fine not exceeding €1,000.
num: 3
paragraphs: 17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291.
A fine not exceeding €2,000.
num: 163
paragraphs: A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000.
num: 5
paragraphs: 69, 123, 128, 129.
A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the offence is continued.
num: 6
paragraphs: 100(3).
A fine not exceeding €2,000, and if after conviction the contravention is continued, that person commits a further offence on each day during which the contravention continues and is liable on summary conviction to a fine not exceeding €1,000.
100(5)(e).
A fine not exceeding €2,000.
num: 111
paragraphs: A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €50 per day until the defendant restores the bed of the river in respect of which the offence under that section is committed to its original state.
num: 124
paragraphs: A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the neglect referred to in that section continues.
num: 9
paragraphs: 127, 134, 135, 136, 137, 138, 177.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.
num: 94
paragraphs: A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish caught by means of any net used in the commission of the offence under that section.
num: 11
paragraphs: 95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308.
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
num: 183
paragraphs: A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.
num: 176
paragraphs: A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed or imprisonment for a term not exceeding 6 months or both.
num: 14
paragraphs: 156(2), 157, 163A(1), 182.
A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both.
num: 15
paragraphs: 156(3).
A fine not exceeding €1,000.
num: 16
paragraphs: 163A(3), 163A(5).
A fine not exceeding €1,000.
PART 2
Reference Number
Section of Principal Act
Penalty
(1)
(2)
(3)
num: 27
paragraphs: A fine not exceeding €500.
num: 29
paragraphs: A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
PART 3
Reference Number
Section of Principal Act
Penalty
(1)
(2)
(3)
num: 1
paragraphs: 15(2)(a).
A fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.
num: 2
paragraphs: 15(3).
A fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months or both.
num: 78
paragraphs: — (1) (a) Where—
(i) a person is convicted of any offence under the Principal Act, other than an offence described in subsection (3), 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 immediately 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 the Principal 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 the Principal 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 the Principal Act,
(ii) an offence under section 29 of the Act of 1962,
(iii) an offence under any bye-law described in section 57 (4),
(iv) an offence under section 69 (7)(a), (b), (c) or (d), and
(v) an offence under section 69 (6), in respect of a contravention of or a failure to comply with a regulation made under that section which is a contravention of or a failure to comply with the regulation declared by the Minister by regulations to be an offence to which this subsection applies.
num: 79
paragraphs: — (1) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under section 253 or 265 of the Principal Act for which a person was convicted, it may, at its discretion, on the application (made before the time of such imposition, affirmation or variation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered loss or damage resulting, wholly or partly, from the offence, provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the loss or damage to the person making the application.
(b) An application shall not lie under paragraph (a) in respect of any loss or damage if proceedings claiming damages for the loss or damage have been instituted in any court.
(2) If a person is convicted of an offence under section 253 of the Principal Act by reason of his or her having taken away oysters or other fish from an oyster bed or other place, if the oysters (or any of them) or the other fish in respect of which the offence was committed have or has not then been sold, they or it, as may be appropriate, as a statutory consequence of conviction, stand forfeited, and the court may direct their or its delivery to the owner or occupier of the oyster bed or other place from which they or it were or was taken or the person to whom the relevant licence was granted or who is entitled to the benefit of such licence.
(3) Where under this section the whole or part of a fine is paid to a person and the person is awarded damages by a court in respect of the loss or damage to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment.
num: 80
paragraphs: — (1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence—
num: 81
paragraphs: — (1) A person who immediately before the dissolution of the Trust under the Act of 1980 was a life member of the Trust shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted to fish in accordance with law for trout or coarse fish in the waters of any fishery owned or occupied by IFI.
(2) (a) An order under section 60 , 63 or 64 may provide that subsection (1) shall not apply in relation to the fishery acquired or transferred by the order, or, in case 2 or more fisheries are so transferred, shall apply in relation to no such fishery, or, as may be so provided, applies only to such of those fisheries as the order specifies.
(b) The Minister may by order provide that subsection (1) does not apply in relation to a fishery acquired by IFI by agreement under section 60 and specified in the order.
(3) In case a fishery is by an order, either made under this section or described in subsection (2)(a), excluded from the application of subsection (1), this section shall be construed and have effect subject to the terms of the order.
num: 82
paragraphs: — (1) The Minister may, for the purpose of operating a fishery owned by him or her, do all such things as he or she may consider necessary for carrying on such fishery as a commercial undertaking and which he or she could do if he or she were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following—
(a) buy and sell fish anywhere,
(b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish,
(c) carry on any business which is ancillary or incidental to the operation of such fishery,
(d) enter into contracts,
(e) employ such and so many persons as he or she thinks fit, and
(f) purchase fishing licences.
(2) The remuneration of all persons employed in connection with the operation by the Minister of any fishery owned by him or her shall be determined with the consent of the Minister for Finance.
(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or appointed by the Minister under this section.
num: 83
paragraphs: — No claim lies against the Minister or IFI for flooding or other consequential damage due to the continued existence of any structure (including a fishing weir or a fishing mill dam which, on the date of vesting in or acquisition by the Minister or IFI of a fishery, formed part of or existed in such fishery) unless the Minister or IFI, as may be appropriate, shall have increased the height of such structure or shall have closed any openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.