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4 1935

SHANNON FISHERIES ACT, 1935

PART II.

Compensation for Injuries to Fisheries.

Compensation for injuries to fisheries.

4. —(1) Every person who has suffered loss or damage (whether before or after the passing of this Act) by reason of injury to a fishery or fishing right owned or held by or vested in him and situate in or exercisable over the waters or any part of the waters of the River Shannon shall be entitled to be paid by the Board compensation, assessed under and in accordance with this Act, in respect of such loss or damage if, but only if, such injury was caused by the operation of the Shannon hydro-electric works, whether by the operation generally of those works or by any particular mode or course of or negligence in the operation of the said works.

(2) Every application for compensation under this section shall be made in writing to the Board and, in the case of an injury alleged to have happened or begun before the passing of this Act, shall be made within one year after the passing of this Act and, in every other case, shall be made within three years after the injury is alleged to have happened or begun.

(3) No compensation shall be payable under this section in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act nor in respect of an injury in relation to which no application for compensation is duly made under and in accordance with and within the time limited by this section.

(4) No action shall lie or be deemed ever to have lain against any person and no compensation under the Act of 1925 shall be or be deemed ever to have been payable in respect of any loss or damage or any injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.

Power to purchase in lieu of paying compensation.

5. —(1) Whenever an application is made to the Board for compensation under this Part of this Act in respect of injury to a fishery or fishing right, the Board may, at any time before the assessment of such compensation, give to the person by whom such application was made and to all other persons (if any) who appear to the Board to be interested in such fishery or fishing right or any such land, way-leave, or other right as is hereinafter mentioned a notice in writing declaring the intention of the Board to acquire such fishery or fishing right and any land, way-leave, or other right which, in the opinion of the Board, is ancillary to or necessary for the enjoyment of such fishery or fishing right.

(2) Every notice given by the Board under the foregoing sub-section of this section shall specify, as fully as reasonably may be, the fishery or fishing right, land, way-leaves, and other rights to which such notice relates.

(3) Whenever the Board has given a notice under the foregoing provisions of this section, the Board shall be entitled to purchase and shall purchase and all owners, lessees, and other persons interested shall sell to the Board the fishery or fishing right and any land, way-leave, or other right specified in such notice.

Transfer of fisheries by the Minister.

6. —(1) The Minister may by order transfer to the Board any fishery or fishing right in the waters of the River Shannon or any part thereof which was acquired by him (whether before or after the passing of this Act) under the Act of 1925, and also any land, easement, way-leave, water-right, or other right which was so acquired by him 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 Board, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Board by such order.

Transfer of fisheries by the Commissioners of Public Works.

7. —(1) The Commissioners of Public Works in Ireland may by order under their seal transfer to the Board, on such terms and conditions as shall be agreed upon between the said Commissioners and the Board with the sanction of the Minister for Finance, all the estate and interest of the said Commissioners in any fishery or fishing right in the waters of the River Shannon or any part thereof which is in the possession or occupation of the said Commissioners at the passing of this Act and also any land, easement, way-leave, water-right, or other right which is so in the possession or occupation of the said 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 Board, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Board by such order.