First Previous (PART III. The Foyle Fisheries Commission.) Next (PART V. Times of Fishing and Ancillary Provisions.)

5 1952



Rates on Fisheries.

Rates on fisheries.

23. —(1) In the fishery year commencing on the 1st day of October, 1952, and in every subsequent fishery year, the Commission shall, on or before the 31st day of December, make a rate of an amount equal to twenty shillings in the pound on every fishery (other than a fishery of which the Commission is the occupier) in the Moville Area on the valuation thereof appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation not later than the preceding 1st day of March.

(2) Every rate under this section shall be paid by the several persons liable therefor in two moieties on the 1st day of April and the 1st day of September in the fishery year for which the rate is payable and shall be so paid over and above all or any licence fees paid by those persons under this Act for that or any other fishery year.

(3) A person who is liable to be rated under this Act in respect of a fishery shall, in respect of that fishery, be exempt from liability for any rate leviable by a local authority.

(4) Subsection (7) of section 13 of the Fisheries Act, 1925 (No. 32 of 1925), shall apply to the Moville Area and for the purpose of such application the exemption conferred by subsection (3) of this section shall be deemed to have been conferred by the said section 13.

Liability of occupier for fishery rate.

24. —The occupier of a fishery shall be liable to pay the fishery rate in respect of the fishery.

Collection of fishery rate.

25. —Fishery rate shall be collected by such persons as the Commission may from time to time appoint, adequate security being taken by the Commission from the persons so appointed for the due accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the Commission.

Recovery of fishery rate.

26. —(1) Fishery rate may be recovered at the suit of the Commission as a simple contract debt in any court of competent jurisdiction.

(2) If any sum due in respect of fishery rate is not paid within one month after the date on which it is required by subsection (2) of section 23 to be paid, such sum shall be recoverable (at the option of the person entitled by law to collect and recover it) from the occupier or from any other person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery or any part thereof and, if such last-mentioned person is a tenant of the occupier, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the occupier.

Fishery rates struck by Moville Board.

27. —Sections 24, 25 and 26 shall apply to every fishery rate struck by the Moville Board and confirmed under section 13 of the Fisheries Act, 1925 (No. 32 of 1925), and not fully paid before the establishment date.