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5 1952

FOYLE FISHERIES ACT, 1952

PART II.

Acquisition of Foyle Fishery Rights.

Power to acquire fishing rights, etc.

8. —(1) The Minister is hereby authorised to enter into an agreement (in this Act referred to as the vesting agreement) with the Ministry and the Irish Society in the terms of the draft set out in the Second Schedule to this Act.

(2) On the date of execution of the vesting agreement this subsection shall operate to vest in the Minister and the Ministry an absolute and indefeasible title to the fee simple in possession of all rights of fishing in the tidal portions of the Lough and River Foyle and of its tributary, the River Faughan, freed and discharged from all estates, titles, interests, incumbrances, rights, liberties and privileges whatsoever by whomsoever held, used, exercised or enjoyed, except the rentcharges referred to in the vesting agreement but indemnified therefrom as therein provided.

(3) Subsection (2) of this section shall not apply to a right vested, immediately before the date of execution of the vesting agreement, in any person, other than the Irish Society, to use a fixed engine under certificate granted under section 6 of the Salmon Fishery (Ireland) Act, 1863.

(4) On the date of execution of the vesting agreement this subsection shall operate to extinguish all the estate, right, title and interest of the Irish Society in and to the tidal portions of the Lough and River Foyle and of its tributary, the River Faughan, and the ground, soil and foreshore of those tidal portions.

(5) The vesting agreement shall operate, without further assurance, to convey, assign and transfer, on the date of the making thereof, to the Minister and the Ministry all the property thereby agreed to be sold, other than rights of fishing to which subsection (2) of this section applies.

(6) The Irish Society shall, notwithstanding any limitations on its powers, have power to enter into the vesting agreement without the consent of any person.

(7) It shall be the duty of the Minister and the Irish Society, and each such party is hereby empowered, to carry out the vesting agreement so far as the provisions thereof are to be performed by such party.

(8) If any person, other than the Irish Society, proves that he has been divested of an interest in a several right of fishing by subsection (2) of this section he shall be entitled to recover from the Commission compensation for loss of that interest, and any question whether compensation is payable under this subsection or as to the amount thereof shall, in default of agreement, be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, by an arbitrator appointed under that Act.

(9) When assessing compensation under subsection (8) of this section, the arbitrator shall have regard to the extent to which the right in question was exercised during the ten years ending on the execution of the vesting agreement.

Exemption from stamp duties.

9. —(1) Section 12 of the Finance Act, 1895, shall not operate to require the delivery to the Revenue Commissioners of a copy of this Act or the payment of stamp duty under that section on any copy of this Act.

(2) Stamp duty shall not be chargeable on the vesting agreement or on any instrument executed in pursuance thereof.