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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART IV.

Boards of Conservators.

Construction of boards of conservators.

21. —(1) There shall be a board of conservators for each fishery district to fulfil the functions assigned to it by this Act.

(2) The board of conservators for a fishery district shall consist of—

(a) elected members, that is conservators for the time being of each of the electoral divisions forming the fishery district,

(b) ex officio conservators of that fishery district,

(c) ex officio members (if any) appointed under sections 36, 37 or 38, and

(d) such number (if any) of representatives of holders of trout rod licences as is mentioned in section 39.

Conservators for electoral divisions.

Elections of conservators for electoral divisions to be held in each election year.

22. —In each election year an election of conservators for each electoral division shall be held in accordance with this Act.

Number of conservators for electoral divisions.

23. —(1) Subject to an order under subsection (2) of this section, the number of conservators for each electoral division, the name whereof is mentioned in column (5) of the Second Schedule to this Act shall be the number set out in column (7) of the said Schedule opposite the mention of that electoral division.

(2) (a) The Minister may, whenever and so often as he thinks proper, by order alter the number of conservators for any electoral division, but the number of such conservators shall not by any such order be increased to more than nine or reduced to less than three.

(b) Every order made under this subsection in respect of an electoral division shall come into operation at the triennial election of conservators for that electoral division held next after the date of the order.

(c) This subsection shall not apply to the two tidal electoral divisions of the No. 8 or Limerick District.

Electorate for election of conservators for an electoral division and scale of votes.

24. —(1) In this section—

the expression “excepted licence” means any licence being—

(a) a fishing licence issued in an election year, but after the 31st day of July in that year, or

(b) a salmon rod licence which is valid for a period of less than one year, or

(c) a salmon rod ordinary licence valid for a particular year which is issued to a person who is the holder of a salmon rod (Foyle Area) licence valid for that year, or

(d) a salmon rod licence in respect of which a reduced rate of licence duty is payable under subsection (5) of section 74, or

(e) a trout rod licence;

the expression “hypothetical licence duty” means, in relation to a special local licence authorising the use of a fishing engine of a particular kind, the sum which would be payable as licence duty in respect of such licence if it were an ordinary fishing licence authorising the use of a fishing engine of the same kind.

(2) Every person (other than the Minister), who is the holder of one or more ordinary fishing licences or oyster fishing licences (not being excepted licences) which or each of which is valid for a particular election year and is issued in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that year for that electoral division and shall have thereat a vote or votes according to the following scale—

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than ten pounds but not less than six pounds, three votes, if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is not less than ten pounds, four votes.

(3) (a) Where the Minister is the holder of one or more ordinary fishing licences which or each of which is valid for a particular election year and is issued in a particular electoral division, he shall be entitled to vote, by proxy appointed by him, at the election of conservators to be held in that year for that electoral division and shall, in respect of each such licence, have thereat a vote or votes according to the following scale—

if the licence duty in respect thereof is less than three pounds, one vote,

if the licence duty in respect thereof is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect thereof is less than ten pounds but not less than six pounds, three votes,

if the licence duty in respect thereof is not less than ten pounds, four votes.

(b) An instrument appointing a proxy under paragraph (a) of this subsection shall not require a stamp.

(4) Every person, who is the holder of one or more special local licences (not being excepted licences) which or each of which is valid for a particular election year in respect of special tidal waters which are situate in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that election year for that electoral division and shall have thereat a vote or votes according to the following scale—

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than six pounds but not less than three pounds, two votes, if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than ten pounds but not less than six pounds, three votes,

if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is not less than ten pounds, four votes.

(5) Where a person who is the rated occupier of a fishery (the rateable valuation of which is less than fifty pounds) situate in a particular electoral division has paid the fishery rate on such fishery for the fishery year next preceding an election year and the amount of such fishery rate is one pound or more, the following provisions shall have effect—

(a) such person or his agent duly appointed under section 328 shall be entitled to vote at the election of conservators to be held in that election year for that electoral division and shall be entitled to have thereat, in addition to the vote or votes (if any) to which he may be entitled under subsection (2) of this section, a vote or votes according to the following scale—

if the amount of such fishery rate is less than three pounds, one vote,

if the said amount is less than six pounds but not less than three pounds, two votes,

if the said amount is less than ten pounds but not less than six pounds, three votes,

if the said amount is not less than ten pounds, four votes,

(b) the production of the receipt for the second moiety of such fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election.

(6) No person shall be entitled to vote at an election of conservators to be held in a particular election year for a particular electoral division, other than a person who is entitled to vote at such election by virtue of this section.

(7) In this Act, references to the electorate of an electoral division for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of conservators for that electoral division to be held in that year.

Residential or property qualification of conservators.

25. —No person shall be eligible for the office of conservator for an electoral division if he does not reside or possess real property in the fishery district which includes that electoral division.

Disqualification from election as a conservator.

26. —Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, he shall upon such conviction be disqualified from being elected to be a member of a board of conservators for a period of seven years from the date of the conviction.

Triennial elections of conservators.

27. —(1) Each board of conservators shall, in each election year, appoint, in respect of each electoral division forming part of its fishery district, such day in the month of October in that election year and such time and place as it thinks fit for the holding of a meeting of the electorate of that electoral division for that election year, and shall publish fourteen days' notice in two or more newspapers circulating in its fishery district of the day, time and place so appointed by it.

(2) If a board of conservators fails to appoint, in accordance with subsection (1) of this section, a day, time and place for the holding of a meeting of the electorate of an electoral division for any election year, the Minister may appoint the said day, time and place.

(3) On the day and at the time and place appointed under subsection (1) or subsection (2) of this section for the holding of a meeting of the electorate of an electoral division for any election year, such meeting shall be held and there shall be elected thereat the appropriate number of conservators for that electoral division.

(4) The following provisions shall have effect in relation to every election of conservators for an electoral division to be held in pursuance of this Act in an election year at a meeting of the electorate of that electoral division for that election year:—

(a) in this subsection the word “elector” means a person who is one of the said electorate and includes, where the Minister is an elector, a proxy of the Minister,

(b) no person other than the Minister, shall be entitled to vote by proxy,

(c) the electors present at the meeting shall elect from their number a chairman of the meeting,

(d) every elector present shall be entitled to vote thereat, in accordance with the provisions of section 24,

(e) as soon as may be after the close of the election the chairman shall count the votes received and declare the result of the election,

(f) the chairman shall thereupon certify under his hand the election of each conservator and furnish him with a certificate which shall be sufficient evidence of his election,

(g) the chairman shall within four days after the meeting send to the Minister a return showing the name, residence and post town of each conservator elected,

(h) if the electors neglect to attend such meeting or fail to elect conservators, the conservators of any other one or more electoral division or divisions of the same fishery district for which conservators are elected in that election year may nevertheless act in all matters and things relating to such district.

(5) The Minister may make regulations containing such provisions, not inconsistent with this Act, as he thinks proper in relation to elections of the conservators for an electoral division and every such election shall be carried out in accordance with such regulations.

On failure of election former conservators to act.

28. —If the electorate for all electoral divisions of a fishery district fail in any election year to elect conservators under section 27, the previously existing elected members of the board of conservators for that fishery district shall continue in office and be deemed to have been elected as such elected members in that election year.

Term of office of conservators.

29. —Every elected conservator for an electoral division shall, unless he sooner dies, resigns or becomes disqualified, hold office, from the day next following the date of his election until midnight on the day on which the next election for conservators of the appropriate electoral division is held in pursuance of section 27.

Disqualification of elected member of board of conservators on conviction of offence.

30. —Where a person who is an elected member of a board of conservators is convicted of an offence under the repealed enactments or an offence under any provision of this Act, he shall, upon such conviction, cease to be a member of that board.

Disqualification of conservator by non-attendance at meetings.

31. —(1) A conservator for an electoral division who absents himself during a period of six consecutive months from all meetings of the board for the fishery district which includes that electoral division and all meetings of the conservators for that electoral division shall be disqualified from continuing to be a member of such board and one fortnight after the expiration of such period his seat on such board shall, subject to this section, become and be vacant.

(2) Whenever a member of a board of conservators is about to become or has been disqualified under subsection (1) of this section from continuing to be a member of such board, the Minister may, not later than one fortnight after the expiration of the period mentioned in the said subsection (1) and if in his opinion the special circumstances of the case justify him in so doing, extend the said period by such further period as he thinks proper, and thereupon the said subsection (1) shall have effect in that particular case as if such extended period were substituted for the said period of six consecutive months, but no such period of six consecutive months shall be extended under this subsection more than once.

Resignation of conservator for an electoral division.

32. —(1) A conservator for an electoral division may at any time resign office by notice in writing delivered to the clerk of the board of conservators for the fishery district which includes such electoral division and in that case his resignation shall (unless the notice is previously withdrawn) be deemed to take effect on the commencement of the meeting of the said board held next after the delivery of the said notice.

(2) A notice of resignation under this section may be withdrawn by notice in writing delivered to the clerk of the board of conservators of which the conservator giving the notice is a member before the commencement of the meeting of the said board held next after the delivery of the notice of resignation.

(3) A notice under this section may be delivered to the clerk of the board of conservators of which the conservator giving the notice is a member by leaving it for him at his office or by sending the same by prepaid letter post in an envelope addressed to the clerk at his office.

Casual vacancies amongst elected members.

33. —(1) Whenever during the term of office of any board of conservators the seat of any elected member of the board becomes vacant by death, resignation, incapacity, or disqualification, it shall be lawful for the other members of the board or such of them as shall be present by resolution duly passed at a meeting of the board to elect a person to be a member of the board during the residue of the term of office of the board in place of the member whose seat is so vacant, and any such casual vacancy shall be filled at or before the second meeting of the board after such vacancy occurs.

(2) When the seat of any member of a board of conservators becomes vacant as aforesaid the other members of the board may until the vacancy is filled under this section continue to act notwithstanding such vacancy.

Ex officio Conservators.

Certain rated occupiers to be ex officio conservators.

34. —Subject to section 35, every person shall be an ex officio conservator for a fishery district who is the rated occupier of one or more several fisheries (the rateable valuation or the total rateable valuations whereof is or are fifty pounds or more) in that fishery district, but if there are two or more such rated occupiers not more than one of them shall be entitled to act at a particular time as an ex officio conservator in respect of such fishery or fisheries.

Disqualification for acting as an ex officio conservator.

35. —(1) No person shall be deemed an ex officio member of a board of conservators under section 34 while any liability of such person in respect of fishery rate payable by him to such board remains undischarged for a period of more than fourteen days from the date on which such fishery rate became payable.

(2) Where—

(a) a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, and

(b) such person is at the date of such conviction possessed of or subsequently becomes the rated occupier (either alone or with other persons) of a several or exclusive fishery or fisheries the rateable valuation or the total rateable valuations whereof is or are fifty pounds or more,

such person shall be disqualified from acting as an ex officio conservator under section 34 for a period of seven years from the date of such conviction.

Ex officio Members.

Appointment of ex officio members in respect of the Shannon fisheries.

36. —(1) Section 34 shall not apply in respect of any fishery for the time being included in the Shannon fisheries (within the meaning of the Shannon Fisheries Act, 1935 (No. 4 of 1935)) and in lieu thereof it is hereby enacted that—

(a) if and so long as the Electricity Supply Board is the owner, lessee or occupier of any such fishery which was on the 1st day of January, 1931, a several fishery and was on that date valued under the Valuation Acts at not less than fifty pounds, the said Board shall be entitled to nominate one person to be an ex officio member in respect of that fishery of the board of conservators for the fishery district in which such fishery is situate,

(b) if and so long as the said Board is the owner, lessee or occupier of a number of such fisheries situate in the same fishery district which were, on the 1st day of January, 1931, several fisheries and were on that date owned, held or occupied by the same person and were on that date valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the said Board shall be entitled to nominate one person to be an ex officio member in respect of such fisheries of the board of conservators of such fishery district.

(2) Where the Electricity Supply Board is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, the said Board may, in lieu of nominating such two or more members, nominate one person only to be an ex officio member of such board of conservators, and in such cases such one person shall have and may exercise at meetings of such board of conservators a number of votes equal to the number of ex officio members of such board of conservators which the said Board is for the time being entitled to nominate under the said subsection.

Appointment of ex officio members in respect of other fisheries acquired by the Electricity Supply Board.

37. —(1) Section 34 shall not apply in respect of any fishery acquired by the Electricity Supply Board under Part III of the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945) and in lieu thereof it is hereby enacted that—

(a) if and so long as the said Board is the owner, lessee, or occupier of any such fishery which was, on the 1st day of January, 1931, a several fishery, the following provision shall apply and have effect, that is to say, whenever, on the date on which the fishery rate for any fishery year is struck by the board of conservators for the fishery district in which such fishery is situate, such fishery is valued under the Valuation Acts at not less than fifty pounds, the said Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex officio member, in respect of such fishery of the board of conservators of the district in which such fishery is situate, and

(b) if and so long as the said Board is the owner, lessee, or occupier of two or more such fisheries situate in the same fishery district each of which was, on the 1st day of January, 1931, a several fishery, the following provisions shall apply and have effect, that is to say, whenever on the date on which the fishery rate for any fishery year is struck by the board of conservators for the said fishery district, such fisheries are valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the said Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex officio member, in respect of such fisheries, of the board of conservators of the district in which such fisheries are situate.

(2) Where the Electricity Supply Board is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, the following provisions shall have effect:—

(a) the said Board shall be entitled to nominate such number (whether one or more than one) of ex officio members of such board of conservators as the said Board shall think proper, but not exceeding the total number of such members which the said Board is entitled under the said subsection to nominate;

(b) every ex officio member of such board of conservators so nominated by the said Board shall be nominated to represent one or more specified fisheries or groups of fisheries in respect of which the said Board is entitled under the said subsection to nominate ex officio members of such board of conservators, but so that the said ex officio members so nominated shall between them represent all the fisheries or groups of fisheries in respect of which the said Board is entitled as aforesaid to nominate ex officio members of such board of conservators;

(c) every ex officio member of such board of conservators so nominated by the said Board shall have and may exercise at meetings of such board of conservators a number of votes equal to the number (whether one or more than one) of fisheries or groups of fisheries which he is nominated under paragraph (b) of this subsection to represent.

Nomination of ex officio members by the Minister.

38. —(1) Where on the date on which the fishery rate for any fishery year is struck by a board of conservators any vested fishery situate in the fishery district of such board is valued under the Valuation Acts at not less than fifty pounds, the Minister may nominate one person as his representative to be, until the next fishery rate is struck by such board, an ex officio member in respect of such fishery of such board.

(2) Where—

(a) two or more vested fisheries in the same fishery district were vested in the Minister on the same date, and

(b) such fisheries were immediately before being so vested in the ownership or occupation of the same person,

then such fisheries shall for the purposes of subsection (1) of this section be deemed to be one fishery the rateable valuation of which is the aggregate rateable valuation of all such fisheries.

(3) Where any vested fishery is for the time being leased or is for the time being an unused fishery, the rateable valuation of such fishery shall for the purposes of subsections (1) and (2) of this section be deemed to be nil.

(4) Where the Minister is entitled under subsection (1) of this section to nominate ex officio members of two or more boards of conservators he may nominate the same person to be an ex officio member of each of such boards.

(5) Where the Minister is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, he may nominate one person only, and in that case such one person shall have and may exercise at meetings of such board a number of votes equal to the number of ex officio members of such board which the Minister is for the time being entitled to nominate.

(6) In this section the expressions “vested fishery” and “unused fishery” have the same meanings as they respectively have in Part XII.

Representation of trout anglers on board of conservators.

Representation of trout anglers on board of conservators.

39. —(1) Where in any fishery district the number of trout rod licences issued during any year in which an election of a board of conservators for such district takes place amounts to at least fifty per cent of the number of salmon rod licences which have been issued in such district during such year and for which the licence duty of two pounds has been paid, the following provisions shall have effect:—

(a) in case the number of such trout rod licences is not more than seventy-five per cent of the number of such salmon rod licences, the holders of such trout rod licences may elect one of their number as a representative to sit on such board of conservators;

(b) in any other case, such holders may elect two of their number as representatives to sit on such board of conservators.

(2) The following provisions shall have effect in relation to any person elected under subsection (1) of this section in any year as a representative to sit on a board of conservators for a district:—

(a) such person shall, subject to the provisions of this Act, sit and act as a conservator on such board and shall be additional to the number of conservators to be elected for such district under this Act;

(b) such person shall, unless he sooner dies, resigns or becomes incapable or disqualified, hold office during the period of office of the ordinary conservators elected for such district in the year in which such person is elected;

(c) if such person during his period of office dies, resigns or becomes incapable or disqualified from acting as a conservator, such board may at or before the second meeting after such death, resignation, incapacity or disqualification co-opt in his place another person, who is the holder of a trout rod licence issued by such board, to fill during the residue of the term of office of such board, the vacancy created by such death, resignation, incapacity or disqualification.

(3) The Minister may by regulations make such provisions as he thinks proper in relation to elections under subsection (1) of this section, and every such election shall be carried out in accordance with such regulations.

(4) At any election under subsection (1) of this section a person who is the holder of a trout rod licence shall be entitled to one vote and no more, whether he is or is not the holder of more than one trout rod licence.

(5) In this section the expression “trout rod licences” shall not include trout rod (juvenile) licences.

Officers and Servants.

Officers of board of conservators.

40. —(1) Subject to the provisions of this section a board of conservators may appoint a clerk or clerks and such number of inspectors and water keepers as the board may consider necessary but only to the extent which the funds at the board's disposal permit for the protection of the fisheries in their district and for generally enforcing this Act therein.

(2) Every appointment of a clerk or other officer or servant made by a board of conservators and the salary, allowances and tenure of office of every person so appointed shall be subject to the approval of the Minister, and no such appointment shall take effect unless and until the approval of the Minister thereto is communicated in writing to the board.

(3) A board of conservators shall take sufficient security from any clerk and any other officer or person receiving money for the board for the due performance of his duties and the duly accounting for such money.

(4) The period of office of a clerk or any other officer or servant of a board of conservators shall not be terminated by reason only of the retirement or removal from office of the members of such board.

(5) A board of conservators may from time to time remove from office any officer or servant.

(6) The Minister may at any time by notice in writing require any board of conservators to suspend from duty or dismiss any clerk or other officer or servant of the board, and in the event of a board of conservators failing for a period of one month to comply with a notice under this section the Minister may himself by order suspend from duty or dismiss the clerk or other officer or servant mentioned in the notice.

(7) Every instrument of appointment by a board of conservators of any treasurer, clerk, inspector, water keeper or other officer shall—

(a) be prepared and printed in the prescribed form,

(b) be sealed with the seal of the board, and

(c) be signed by not less than three members of the Board.

(8) Every instrument of appointment by a board of conservators purporting to be sealed with the seal of the board shall be sufficient evidence of such appointment.

(9) An instrument of appointment by a board of conservators shall not be subject to any stamp duty.

(10) No member of a board of conservators shall be eligible for any paid office under the board.

Duties of clerk of a board of conservators.

41. —(1) The clerk of a board of conservators shall—

(a) attend all meetings of the board,

(b) in a proper book or books to be provided for the purpose, enter and keep a true account of moneys received by the board and of the application thereof, and of all acts, proceedings and transactions of the board,

(c) perform such other duties as the board may direct,

(d) furnish to the Minister annually or as often as the Minister may require an account of all moneys received and disbursed relating to the fishery district of the board.

(2) Whenever a proposal is made at a meeting of a board of conservators to do any act, matter or thing in consequence of which an illegal payment is to be made out of the funds of such board or a deficiency or loss is likely to result in or to such funds, it shall be the duty of the clerk of such board to make objection to the doing of such act, matter or thing and to state the grounds of such objection, which objection and the grounds thereof and, if a decision is taken on such proposal, the names of the members of such board present and voting for or against such decision and abstaining from voting on such decision, shall be recorded on the minutes of such meeting.

Financial Provisions.

Treasurer of the board.

42. —A board of conservators may appoint a bank to act as its treasurer.

Payments of licence duties, etc. to treasurer.

43. —All moneys received by or on behalf of a board of conservators under this Act shall be paid to the treasurer of the board.

Payments by treasurer.

44. —The treasurer of a board of conservators shall out of the moneys for the time being standing to the credit of the board pay all such sums as the treasurer may be required to pay upon a draft or order signed by the chairman at any ordinary meeting of the board and by two other members of the board.

Payments in respect of special local licences to Minister by boards of conservators.

45. —(1) Where a board of conservators issues in any month any special local licences, such board shall, not later than thirty days after the expiration of such month, pay to the Minister in respect of every special local licence issued by such board in such month a sum equal to the difference between—

(a) the licence duty which would have been paid in respect thereof if it had been an ordinary licence authorising the use of the same kind of fishing engine as that to which such special local licence relates, and

(b) the special local licence duty paid in respect of such licence.

(2) All moneys received by the Minister 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.

Board of conservators to furnish annual estimate.

46. —(1) It shall be the duty of every board of conservators to furnish to the Minister on or before the 30th day of November in every fishery year an estimate of all the moneys to be received by it in that fishery year and of the proposed application of such moneys and other proposed expenditure for that fishery year.

(2) The Minister may approve either without amendment or with such amendments (whether by way of alteration, addition or omission) as he may think fit, any estimate of proposed expenditure furnished to him pursuant to subsection (1) of this section.

Restriction on expenditure by boards of conservators.

47. —A board of conservators shall not in any fishery year incur any expenditure save only such expenditure as is mentioned in the estimate of expenditure for that fishery year as approved of by the Minister under section 46 and such further expenditure (if any) as may be specially sanctioned by the Minister.

Accounts of boards of conservators.

48. —The provisions set out in the Third Schedule to this Act shall apply in relation to the accounts of boards of conservators and the audit and auditor thereof.

The Salmon Conservancy Fund.

49. —(1) In this section—

the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by the Act of 1958);

the Act of 1958” means the Fisheries (Amendment) Act, 1958 (No. 15 of 1958) (repealed by this Act);

the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958;

salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish,

(2) The Minister shall continue to maintain the Fund.

(3) (a) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.

(b) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph (a) of this subsection.

(4) (a) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment.

(b) Different rates of levy may be prescribed for different periods.

(c) Subject to paragraph (d) of this subsection the rate of levy shall not exceed two pence per lb.

(d) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.

(5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected.

(6) (a) Whenever, by virtue of an order made under paragraph

(b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence which is to be valid for a particular year exceeds two pounds, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(b) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable, in respect of a salmon rod (seven day) ordinary licence which is to be valid for a particular period of seven days exceeds one pound, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(c) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (twenty-one day) ordinary licence which is to be valid for a particular period of twenty-one days exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(d) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (late season) ordinary licence which is to be valid for a particular period of six months commencing on a first day of July exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(e) Whenever, by virtue of an order made under paragraph (c) of subsection (2) of section 68, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence (being a licence which is to be valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year) exceeds ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund.

(8) (a) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph (a) of subsection (9) of this section.

(b) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.

(9) (a) The Minister may pay out of the Fund—

(i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties,

(ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper.

(b) The Minister shall pay out of the Fund the costs of the administration of the Fund.

(c) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section.

(10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

(11) (a) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.

(b) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(12) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section.

Inquiries in respect of, and dissolution of boards of conservators.

Inquiries in respect of boards of conservators.

50. —(1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by any board of conservators and may appoint any person to hold such inquiry.

(2) Where a person (not being an officer of the Minister) is appointed to hold an inquiry under this section, such person shall be paid such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine.

(3) Where an inquiry in relation to a board of conservators has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recovered by the Minister from the revenue of such board.

(4) Any sum recovered by the Minister under subsection (3) of 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.

Power to dissolve boards of conservators.

51. —(1) If and whenever—

(a) the Minister is satisfied after holding under this Act an inquiry into the performance of its duties by a board of conservators that the duties of such board are not being duly and effectually discharged by such board, or

(b) a board of conservators wilfully neglects to comply with any lawful order, direction, or regulation of the Minister, or fails to comply with any judgment, order or decree of any court,

the Minister may by order dissolve such board of conservators and either order (under the power hereinafter conferred on him) a new election of members of such board or transfer the funds, books and other property and the several powers, duties and liabilities of such board to any body or person he shall think fit.

(2) Whenever the Minister makes an order under this section dissolving a board of conservators he may appoint such and so many persons as he shall think fit to perform the duties of such board of conservators and may from time to time remove all or any such persons and appoint others in their place, and may fix the tenure of office, duties and remuneration of and the security (if any) to be given by all such persons.

(3) The remuneration of all persons appointed under subsection (2) of this section to perform the duties of a board of conservators shall be paid out of the revenue of such board of conservators as part of the expenses of performing its duties.

(4) Where a person serving in the Civil Service is appointed under subsection (2) of this section to perform the duties of a board of conservators, there shall be recouped from the revenue of such board of conservators to the Exchequer in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

(5) At any time after a board of conservators has been dissolved under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held, and upon the completion of such new election all the property, powers, and duties of the dissolved board of conservators shall vest in the body so elected, notwithstanding that the same may have been transferred by the Minister under this section to any other body or person.

(6) Whether or not a new election of members of a board of conservators has been held in pursuance of an order made under subsection (5) of this section, the next subsequent election of members of such board of conservators shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved, and thereupon all the property, powers and duties of the dissolved board of conservators shall vest in the body so elected.

(7) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under this section.

Miscellaneous provisions in relation to boards of conservators.

Seal of board of conservators.

52. —The board of conservators for a fishery district shall provide itself with a seal.

Proceedings of board of conservators.

53. —(1) The board of conservators for a fishery district shall from time to time fix and determine and duly publish notice of the times and places for the ordinary meetings of the board.

(2) The board of conservators for a fishery district may at any ordinary meeting fix the time and place for holding an ordinary meeting of the board and may hold adjourned meetings.

(3) Any three members of the board of conservators for a fishery district may from time to time call a special meeting of the board provided—

(a) that notice of the place and time of each such special meeting, subscribed by three or more members or by the clerk of the board on their requisition on him, shall be inserted at least twice in some two newspapers circulating in the county or counties in which such fishery district is situate, at least ten days before such meeting shall be held, or

(b) that the clerk of the board shall, on such requisition as aforesaid, give ten days' notice in writing of such meeting to each member of the board.

(4) At all meetings of a board of conservators three members present shall form a quorum.

(5) All questions arising at a meeting of a board of conservators shall be decided by a majority of the members present and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) The Minister or an officer of the Minister authorised by him may attend any meeting of a board of conservators and advise, consult and confer with the board upon the regulation, management and improvement of the fisheries, and may at all convenient times have access to and peruse, when he shall think fit, the books and accounts kept for the purposes of any fishery district.

Protection of salmon spawning in Northern Ireland.

54. —Where part of a river consists of special tidal waters and another part (being a part in which salmon spawn) of such river is situate in Northern Ireland, the board of conservators within whose district such tidal waters are situate may, with the approval of the Minister, enter into such arrangements or agreements as it considers expedient for ensuring the protection of salmon and trout, and their eggs and fry in the part of such river which is situate in Northern Ireland and for the purpose of such arrangements or agreements make payments out of its funds.