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5 1952

FOYLE FISHERIES ACT, 1952

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Foyle Fisheries Act, 1952.

Interpretation.

2. —(1) In this Act—

the Advisory Council” means the Advisory Council for the Foyle Area established under section 22;

authorised person” has the meaning given to it by section 54;

the Commission” means the Foyle Fisheries Commission established by section 11;

District Justice” means a justice of the District Court;

establishment date” means the date appointed by order made under section 10;

the Fisheries Acts” means the Fisheries Acts, 1842 to 1949;

fishery rate” means a rate under section 23;

fishery year” means the period of twelve months commencing on the 1st day of October in any year;

fishing engine” means any engine, net or instrument whatsoever capable of being used for the taking of fish;

fishing licence” means a licence issued by the Commission under regulations made by the Commission under this Act;

the Foyle Area” has the meaning given to it by section 3;

inquiry” means an inquiry conducted under section 82;

the Irish Society” means the body entitled the Society of the Governor and Assistants, London, of the New Plantation of Ulster within the Realm of Ireland;

the Minister” means the Minister for Agriculture;

the Ministry” means the Ministry of Commerce for Northern Ireland;

the Moville Area” means the area which was constituted by the Moville Fishery District Order, 1926, as the Moville District;

the Moville Board” means the board of conservators for the Moville District;

prescribed” means prescribed by regulations made by the Commission under this Act;

river” includes lake and estuary;

salmon” includes sea trout, all fish of the salmon species, and the spawn and fry thereof;

trout” includes all fish of the brown trout kind and their spawn and fry but does not include sea trout.

(2) References in this Act to a fish shall be construed as including references to part of a fish.

(3) In this Act a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that reference to some other Act is intended.

(4) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

The Foyle Area.

3. —(1) In this Act “the Foyle Area” means the area comprising the fishery district, originally created and defined as the Londonderry District by an order made on the 9th day of July, 1855, by the Commissioners of Fisheries.

(2) Judicial notice shall be taken of the boundaries of the Foyle Area.

Restriction of Fisheries Acts.

4. —The provisions referred to in the third column of the First Schedule to this Act of the enactments referred to in the second column shall, on and from the establishment date, cease to apply to the Moville Area.

Laying of accounts and reports before Oireachtas.

5. —The Minister shall cause to be laid before each House of the Oireachtas a copy of the accounts of the Commission for each year audited in accordance with paragraph 17 of the Third Schedule to this Act, and of the report of the auditors thereon, and a copy of the annual report furnished to him by the Commission.

Deposit of copies of orders and regulations.

6. —A copy of every order or regulation made under this Act shall be deposited—

(a) with the county registrar for the county of Donegal,

(b) with the District Court Clerk of every Court District which or part of which is situate in the Moville Area, and

(c) in every station of the Garda Síochána situate in the Moville Area,

Expenses.

7. —All expenses incurred by the Minister in carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.