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17 1939

FISHERIES ACT, 1939

PART IV.

Evidence of Existence of Several Fisheries in Tidal Waters.

Evidence of existence of several fisheries in tidal waters.

57. —(1) Where—

(a) a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for a period of not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, and

(b) an order is made, under sub-section (1) of section 59 (which relates to the transition period in respect of several fisheries) of this Act, appointing a day to be the appointed day in respect of the fishery district in which the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary are situate,

then, unless it had been judicially determined before the 1st day of January, 1939, by a court of competent jurisdiction that a several or exclusive fishery did not exist in the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary, it shall, as and from the day so appointed, by virtue of this sub-section be deemed for all purposes that a several or exclusive fishery exists in the tidal waters of such river or estuary or in such part of the tidal waters of such river or estuary.

(2) Where a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, the Commissioner of Valuation may, upon the application of any person and upon payment of such fee as may be fixed by the Minister for Finance, issue to such person a certificate under his hand certifying that such fishery was so included, and any certificate issued under this sub-section shall be conclusive evidence for all purposes of the matters certified therein.

(3) The following provisions shall have effect in relation to all fees payable under this section, that is to say:—

(a) such fees shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister;

(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.