First Previous (PART II. Miscellaneous Powers and Duties of the Minister.) Next (PART IV. Boards of Conservators.)

14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART III.

Fishery Districts and Electoral Divisions.

Fishery districts and electoral divisions.

19. —(1) Subject to an order under section 20, each area mentioned in column (4) of the Second Schedule to this Act at any reference number shall be a fishery district for the purposes of this Act and shall be known by the number and name mentioned in columns (2) and (3) respectively of the said Schedule at that reference number.

(2) Subject to an order under section 20, each of the several waters mentioned in column (6) of the Second Schedule to this Act at any reference number shall, for the purposes of this Act, be an electoral division of the fishery district, the name whereof is mentioned in column (3) of the said Schedule at that reference number, and each such electoral division shall be known by the name mentioned opposite it in column (5) of the said Schedule.

(3) (a) The Minister shall cause to be prepared maps (in this subsection referred to as the official maps) showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fishery districts.

(b) The official maps shall be sealed with the official seal of the Minister.

(c) The official maps shall, for the purposes of any proceedings under this Act, be conclusive evidence of the boundaries (as shown thereon) of each fishery district.

(d) The official maps shall be deposited at the office of the Minister in Dublin and shall be there open to inspection by any interested person free of charge at such times as the Minister may direct.

(e) In any proceedings under this Act, a map certified by an officer of the Minister to be a true copy of the official maps or any portion thereof shall be prima facie evidence of the official maps or such portion thereof (as the case may be) and it shall not be necessary to prove the signature of the person certifying such map or that he was an officer of the Minister.

Creation of new fishery districts and electoral divisions.

20. —(1) The Minister may from time to time by order do any one or more of the following things—

(a) create (by union, subdivision or otherwise) new fishery districts,

(b) create (by union, subdivision or otherwise) new electoral divisions,

(c) appoint the number of conservators (which shall not be more than nine or less than three) to be elected for any new electoral division created under this section.

(2) Whenever the Minister creates a new electoral division by an order under this section he may either—

(a) provide by the order for the election of persons to act as conservators for such electoral division until the next triennial election, or

(b) nominate persons to act as conservators for such electoral division until the next triennial election.

(3) Whenever the Minister by an order made under this section creates a new fishery district, he shall by such order appoint the boundaries of such fishery district and shall annex to such order a suitable map showing such boundaries.

(4) Whenever the Minister by an order made under this section creates a new fishery district, he may, by the same order or by a subsequent order, direct that all or any specified part of the moneys and other assets which at the date of the order belong to the board of conservators of any fishery district affected by the order shall, subject to the liabilities of such board, be disposed of in such manner as the Minister thinks proper to direct and specify in such order, and when any such order is made the moneys and other assets to which it relates shall, subject to the said liabilities, be disposed of accordingly.

(5) Whenever the Minister by order made under this section creates a new fishery district, he may by the same order or a subsequent order provide for the holding of the first meeting of the board of conservators for such new fishery district.

(6) Every order made by the Minister under this section shall, as soon as may be after it is made, be published (without the map (if any) annexed thereto but with a statement of where such map (if any) may be inspected) in the Iris Oifigiuil and in one or more newspapers circulating in the fishery districts affected by the order, and a copy of such order and of the map (if any) annexed thereto shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected by the order, and in every station of the Garda Síochána within the fishery districts affected by the order.