Chapter V.

Operation and Disposal of Vested Fisheries.

202. —The Minister may with the consent of the Minister for Finance from time to time operate any vested fishery or part of a vested fishery.

203. —(1) The Minister may, for the purpose of operating a vested fishery, do all such things as he may consider necessary for carrying on such fishery as a commercial undertaking and which he could do if he 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 things:—

(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 thinks fit;

(f) purchase fishing licences.

(2) The remuneration of all persons employed in connection with the operation by the Minister of any vested fishery shall be determined with the consent of the Minister for Finance.

(3) Neither the Civil Service Commissioners Act, 1956 (No. 45 of 1956), nor the Civil Service Regulation Act, 1956 (No. 46 of 1956) shall apply to any person employed or appointed by the Minister under this section.

204. —(1) The Minister may, with the consent of the Minister for Finance, sell any land or premises acquired by him under this Part 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 vested fishery) carried on by him under this Chapter at such price as he may think proper.

(2) Any moneys 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.

205. —All moneys received by the Minister in respect of the operation of a vested fishery or of any business carried on by him under this Chapter shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

206. —(1) The Minister shall cause to be kept, in respect of every vested fishery operated by him, a set of accounts in such form, for such periods and including such particulars as the Minister for Finance may direct.

(2) The accounts to be kept by the Minister in accordance with the provisions of subsection (1) of this section shall, at the end of every accounting period, be transmitted to the Comptroller and Auditor-General, who shall audit, certify and report upon such accounts.

(3) Upon the completion of an audit under the provisions of this section, the Minister shall cause to be laid before each House of the Oireachtas a copy of the report of the Comptroller and Auditor-General upon the accounts as passed by him, together with a general report by the Minister of his proceedings under this Chapter in relation to the operation of vested fisheries.

207. —(1) If, in the opinion of the Minister, it is in the public interest that a vested fishery or part of a vested fishery should be granted by way of lease to any person, the Minister may, in accordance with this section, demise such fishery or such part of such fishery to such person by way of lease for such term not exceeding twenty years as the Minister shall think proper.

(2) Every lease made under this section shall be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as the Minister with the consent of the Minister for Finance shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

(3) Every lease made under this section shall be made subject to and shall contain such covenants, conditions and agreements as the Minister shall think proper and shall agree upon with the person to whom such lease is granted.

208. —(1) The person for the time being entitled to the lessee's interest under a lease granted under this Chapter shall furnish to the Minister, in such form as the Minister may direct within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the fishery the subject of such lease and the working of such fishery.

(2) If any person, on being required under this section by the Minister to furnish to him any information, fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.

209. —The Minister shall, as soon as may be after every 30th day of June and 31st day of December, after the commencement of this section cause to be laid before each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years made under this Chapter during the six months ending on such 30th day of June and 31st day of December respectively.

210. —(1) The Minister may, subject to the consent of the Minister for Finance, from time to time refrain from using any vested fishery which is not for the time being the subject of a lease under this Chapter.

(2) Where the Minister proposes to refrain from using any vested fishery he shall give notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery and thereupon such fishery shall, unless and until the Minister makes a lease of such fishery or operates such fishery, be an unused fishery for the purposes of this Part.

211. —The following provisions shall have effect in relation to any unused fishery:—

(a) in case such fishery is a weir (tidal waters) fishery or a weir (fresh water) fishery—

(i) the Minister may demolish the weir forming part of such fishery, and thereafter shall not be liable for any effects due to changes in the flow or level of the water to whomsoever caused, save only that any obstruction to the migration of fish which may be caused by the demolition of such weir shall be remedied by him,

(ii) if the weir is not demolished the Minister shall remain liable for its maintenance in such condition that it does not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while it was being used for the purposes of the fishery;

(b) in case such fishery is a mill-dam fishery—

(i) the Minister may demolish or remove any structures incidental to the use of the fishery, but in doing so he shall leave the mill-dam in such a condition that the water supply to the mill shall not be prejudiced and the cost of the maintenance of the mill-dam shall not be increased.

(ii) if the structures incidental to the use of the fishery are not demolished the Minister shall remain liable for their maintenance in such condition that they do not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while they were being used for the purposes of the fishery;

(c) in case such fishery is a fixed engine (tidal waters) fishery, the Minister shall remove all stakes or other structures which may constitute a danger to navigation or to the use of lawful nets under common law rights.

212. —(1) Where a vested fishery which is a weir (tidal waters) fishery or a weir (fresh water) fishery or a mill-dam fishery has become an unused fishery and the Minister has demolished the structure by means of which such fishery was carried on, the Minister may, within five years after the date on which such fishery became an unused fishery, but not later, re-erect it on the same site for fishing in the same place and with the same dimensions and, in the case of a weir (tidal waters) fishery or a weir (fresh water) fishery, the same provision for a free gap (if any) as is shown in the survey record of the fishery.

(2) Where a vested fishery which is a fixed engine (tidal waters) fishery has become an unused fishery, the Minister may at any time re-erect or re-equip it in accordance with the certificate issued in respect thereof under section 6 of the Salmon Fishery (Ireland) Act, 1863.