PART II

Central Fisheries Board and Regional Fisheries Boards

CHAPTER I

Central Fisheries Board

7. —(1) On the appointed day there shall be established a body to be known as the Central Fisheries Board (which body is in this Act referred to as “the Central Board”) to perform the functions assigned to it by this Act.

(2) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the Central Board.

8. —(1) (a) The Central Board shall—

(i) co-ordinate and, where it considers it necessary so to do, direct the performance by regional boards of the functions assigned to them under this Act,

(ii) ensure that any fishery, hatchery or fish farm which is in its possession or occupation is managed, conserved, protected, developed and improved, or otherwise dealt with, both properly and in accordance with any direction given by the Minister under paragraph (b) of this subsection,

(iii) ensure that directions given by the Minister under this section are carried into effect,

and in performing the function mentioned in subparagraph (i) of this paragraph the Central Board shall ensure that regional boards in the performance of their functions have regard to such directions by the Minister under this section as are for the time being in force.

(b) The Minister may from time to time give to the Central Board directions containing general policy for the management, conservation, protection, development and improvement of fisheries or for the protection of molluscs, and the Central Board shall, if so directed by the Minister, as soon as may be, communicate to every regional board any direction given by the Minister under this paragraph.

(c) (i) The Central Board shall within the period of two years beginning on the appointed day (or such longer period as the Minister may allow) prepare and submit to the Minister for his consideration an inland fisheries development programme.

(ii) Where the Central Board has prepared and submitted a development programme under this subsection, it shall from time to time as occasion may require, and at least once in every five years after the date of the submission to the Minister of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Minister for his consideration the results of the review.

(iii) A programme under this subsection may contain recommendations regarding the conservation of inland fisheries and may have regard to any programme under section 11 of this Act.

(d) The Central Board may make recommendations to the Minister as to the exercise by the Minister of the powers conferred on him by section 29 of the Act of 1962, the levels of fishery rates, fishery licence duties payable under the Fisheries Acts, 1959 to 1980, and levies payable under section 55 of this Act.

(e) (i) The Central Board may with the approval of the Minister provide education courses or facilities for training or otherwise instructing persons in any matter relating to the management, conservation, protection, development or improvement of fisheries,

(ii) subject to the approval of the Minister, the Central Board may as regards any course or facility provided in pursuance of this paragraph charge fees of such amount as may be so approved.

(f) The Central Board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection, development or improvement of fisheries, or such other matter relating to fisheries, or the promotion of such other matter so relating, as it shall think fit.

(g) Subject to section 2 (2) of this Act, the Central Board may as regards any fishery carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling the Central Board to carry out research or experimental work on, or in relation to, any species of fish which is sea-fish within the meaning of Part XIII of the Principal Act, other than research which is similar or analogous to research in relation to sea-fish which was being carried on by the Trust prior to its dissolution.

(2) The Central Board may, for so long and subject to such conditions as it shall determine, place under the care and management of a regional board any fishery, hatchery or fish farm which is in its possession or occupation.

(3) (a) The Minister may, if he thinks fit, authorise the Central Board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) The Minister may by order assign to the Central Board such other functions relating to fisheries (being functions additional to the functions assigned to the Central Board by this Act) as he thinks fit.

9. —(1) On the appointed day the following properties (including all easements, rights, powers and privileges relating to or connected with any such property), being properties occupied by or on behalf of boards of conservators, shall be transferred to the Central Board, namely, the properties known as—

(a) Carrowmore Lake Hatchery, County Mayo,

(b) Inistioge Hatchery, County Kilkenny,

(c) Mallow Hatchery and Rosnalee Weir, County Cork,

(d) Cong Hatchery, County Galway,

(e) Virginia Hatchery and Eel Weir, County Cavan,

and each of which is described in the Third Schedule to this Act, including the buildings, offices and out-offices thereon and any machinery, equipment or other moveable property which was on those properties immediately before the appointed day and was used for or in connection with the culture of fish.

(2) The properties referred to in this section shall on the appointed day without any conveyance or assignment become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board for all the estate, term or interest by which they were held immediately before the appointed day but subject to all trusts, equities, interests, conditions, rights and statutory requirements affecting the properties and then subsisting and capable of being performed.

(3) On and after the appointed day every debt and other liability (including any unliquidated liability) which, immediately before the appointed day, is owing and unpaid and has been incurred and is undischarged by a board of conservators in relation to any property transferred to the Central Board by this section shall, on such day, become and be the debt or liability of the Central Board and shall be paid or discharged by, and may be recovered from or enforced against, the Central Board accordingly.

(4) Where by virtue of this section any easement or other right over land or any other estate or interest in land is vested in or becomes the property of or is held in trust or subject to a condition for the Central Board and immediately prior to the appointed day such right or other estate or interest was vested in or the property of or was held in trust or subject to a condition for a person other than a board of conservators, compensation shall be payable in respect of—

(a) the right or other estate or interest acquired by the Central Board by virtue of this section,

(b) any other diminution in the value of any right over land or other estate or interest of such person by reason of such acquisition,

(c) any other loss incurred by such person by reason of such acquisition,

and the compensation together with any interest payable thereon by virtue of this subsection shall be paid by the Central Board.

(5) Subsections (2), (3), (6), (7) and (8) of section 43 of this Act shall apply as regards compensation payable under this section as they apply as regards compensation payable under that section.

(6) References in this section to a board of conservators shall be construed as including a reference to a person who, immediately before the appointed day, stands appointed under section 51 of the Principal Act.