Inland Fisheries Act 2010 (2010_act_10) | IE

ISB Act 2010-06-01

Schedule 1 Inland Fisheries Act 2010 Open official source

SCHEDULE 1 Repeal of Existing Enactments

SCHEDULE 1

Repeal of Existing Enactments

Section 4.

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 14 of 1959

Fisheries (Consolidation) Act 1959

Sections 9, 11(2)(a), 90 and 160(6) (inserted by section 20 of the Act of 1994).

No. 31 of 1962

Fisheries (Amendment) Act 1962

Sections 3, 14(1), 32(2) and 33.

No. 1 of 1980

Fisheries Act 1980

Part I (sections 3, 4 and 5), Part II (sections 7 to 36), Part III (sections 37 to 45), Part IV (except section 53), Part V (sections 54 and 55), Part VI (except sections 64, 66, 67, 70, 71, 74 and 76), Second Schedule, Third Schedule and Fifth Schedule.

Part I (sections 3, 4 and 5),

Part II (sections 7 to 36),

Part III (sections 37 to 45),

Part IV (except section 53),

Part V (sections 54 and 55),

Part VI (except sections 64, 66, 67, 70, 71, 74 and 76),

Second Schedule,

Third Schedule and

Fifth Schedule.

No. 32 of 1987

Fisheries (Amendment)(No. 2) Act 1987

Sections 19 to 21.

No. 26 of 1991

Fisheries (Amendment) Act 1991

Sections 4 to 15.

No. 1 of 1997

Fisheries (Commissions) Act 1997

The whole Act (except sections 1, 7(1) and 9).

No. 35 of 1999

Fisheries (Amendment) Act 1999

Part 2 (sections 3 to 23), Part 3 (sections 24 to 26) and section 28.

Part 2 (sections 3 to 23),

Part 3 (sections 24 to 26) and

section 28.

No. 34 of 2000

Fisheries (Amendment) Act 2000

The whole Act.

ISB Act 2010-06-01

Schedule 2 Inland Fisheries Act 2010 Open official source

SCHEDULE 2 Consequential Amendments of Certain Acts

SCHEDULE 2

Consequential Amendments of Certain Acts

Section 8.

PART 1 Amendment of Fisheries (Consolidation) Act 1959

PART 1

Amendment of Fisheries (Consolidation) Act 1959

Item

Provision affected

Amendment

1.

Section 20

In subsection (4) (amended by section 64 of the Act of 1980) substitute “subparagraph (i) or (ii) of section 6(3)(a) of the Inland Fisheries Act 2010” for “subparagraph (i) or (ii) of section 10(9)(a) of the Fisheries Act 1980”.

2.

Section 50

(a) In subsection (1) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or any regional board”. (b) In subsection (3) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or a regional board” and “such board” where occurring.

(a) In subsection (1) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or any regional board”.

(b) In subsection (3) (amended by section 65 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the Central Board or a regional board” and “such board” where occurring.

3.

Section 54 (amended by Part I of the Fourth Schedule)

Substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.

4.

Section 55

In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for“Every regional board”, (b) substitute “within a fishery district” for “within its fisheries region”, and (c) substitute “Inland Fisheries Ireland’s expenditure” for “the regional board’s expenditure”.

In subsection (1) (amended by Part I of the Fourth Schedule)—

(a) substitute “Inland Fisheries Ireland” for“Every regional board”,

(b) substitute “within a fishery district” for “within its fisheries region”, and

(c) substitute “Inland Fisheries Ireland’s expenditure” for “the regional board’s expenditure”.

5.

Section 57

In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery is situate”.

6.

Section 59

In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland may be recovered at the suit of Inland Fisheries Ireland” for “a regional board may be recovered at the suit of the board”.

7.

Section 62

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland in respect of any special tidal waters there are during that year or part thereof” for “every regional board within whose fisheries region there are during that year or part thereof any special tidal waters”. (b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland where” for “any regional board within whose fisheries region”.

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland in respect of any special tidal waters there are during that year or part thereof” for “every regional board within whose fisheries region there are during that year or part thereof any special tidal waters”.

(b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland where” for “any regional board within whose fisheries region”.

8.

Section 67

(a) In subsection (6) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board”. (b) In subparagraph (i) of subsection 6(b) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “the regional board concerned”. (c) In subsection (7) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “that board”. (d) In subsection (9) (amended by section 67 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the regional board concerned”. (e) In subsection (11) (amended by section 5 of the Act of 1987) delete “and being a fishery district in the fisheries region of the regional board by which it was issued”.

(a) In subsection (6) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board”.

(b) In subparagraph (i) of subsection 6(b) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “the regional board concerned”.

(c) In subsection (7) (amended by section 5 of the Act of 1987) substitute “Inland Fisheries Ireland” for “that board”.

(d) In subsection (9) (amended by section 67 of the Act of 1980) substitute “Inland Fisheries Ireland” for “the regional board concerned”.

(e) In subsection (11) (amended by section 5 of the Act of 1987) delete “and being a fishery district in the fisheries region of the regional board by which it was issued”.

9.

Section 69

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate” and “such board” where occurring. (b) In subsection (3) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”. (c) In subsection (4) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” and “the said regional board” where occurring. (d) In subsection (5) (amended by Part I to the Fourth Schedule)— (i) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate”, and (ii) substitute “Inland Fisheries Ireland” for “the board”.

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate” and “such board” where occurring.

(b) In subsection (3) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

(c) In subsection (4) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” and “the said regional board” where occurring.

(d) In subsection (5) (amended by Part I to the Fourth Schedule)—

(i) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region the fishery district is situate”, and

(ii) substitute “Inland Fisheries Ireland” for “the board”.

10.

Section 70

In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, and (b) substitute “Inland Fisheries Ireland” for “the board”, “a regional board” and “that board” where occurring.

In subsection (1) (amended by Part I of the Fourth Schedule)—

(a) substitute “Inland Fisheries Ireland” for “A regional board”, and

(b) substitute “Inland Fisheries Ireland” for “the board”, “a regional board” and “that board” where occurring.

11.

Section 72

(a) In subsection (a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such fishery district is situate”. (b) In subparagraph (i) of subsection (b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “such regional board”.

(a) In subsection (a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such fishery district is situate”.

(b) In subparagraph (i) of subsection (b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “such regional board”.

12.

Section 74

In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region special tidal waters are situate” and for “the regional board within whose fisheries region such tidal waters are situate”.

13.

Section 75

In subsection (1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region such tidal waters are situate”.

14.

Section 77

In subsection (1) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “a regional board”, (b) delete “situate in the fisheries region of the board”, and (c) in paragraphs (b), (c) and (d) substitute “Inland Fisheries Ireland” for “such board”.

In subsection (1) (amended by Part I of the Fourth Schedule)—

(a) substitute “Inland Fisheries Ireland” for “a regional board”,

(b) delete “situate in the fisheries region of the board”, and

(c) in paragraphs (b), (c) and (d) substitute “Inland Fisheries Ireland” for “such board”.

15.

Section 100

(a) In subsection (5) (amended by section 27 of the Act of 1999) substitute— (i) in paragraphs (a), (b), (c) and (d) “Inland Fisheries Ireland” for “A regional board”, and (ii) in paragraph (d) “Inland Fisheries Ireland” for “the board”. (b) In subsection (6) (amended by section 27 of the Act of 1999) substitute— (i) in paragraph (a) “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring, (ii) in paragraphs (b)(i) and (ii) “Inland Fisheries Ireland” for “the regional board”, and (iii) in paragraph (c) “Inland Fisheries Ireland” for “the regional board”. (c) In subsection (6A) (inserted by section 27 of the Act of 1999) substitute— (i) “Inland Fisheries Ireland” for “A regional board”, and (ii) delete “except in relation to its own fisheries region and”.

(a) In subsection (5) (amended by section 27 of the Act of 1999) substitute—

(i) in paragraphs (a), (b), (c) and (d) “Inland Fisheries Ireland” for “A regional board”, and

(ii) in paragraph (d) “Inland Fisheries Ireland” for “the board”.

(b) In subsection (6) (amended by section 27 of the Act of 1999) substitute—

(i) in paragraph (a) “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring,

(ii) in paragraphs (b)(i) and (ii) “Inland Fisheries Ireland” for “the regional board”, and

(iii) in paragraph (c) “Inland Fisheries Ireland” for “the regional board”.

(c) In subsection (6A) (inserted by section 27 of the Act of 1999) substitute—

(i) “Inland Fisheries Ireland” for “A regional board”, and

(ii) delete “except in relation to its own fisheries region and”.

16.

Section 115

In subsection (4) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, (b) delete “in its fisheries region”, and (c) substitute “Inland Fisheries Ireland” for “the said board”.

In subsection (4) (amended by Part I of the Fourth Schedule)—

(a) substitute “Inland Fisheries Ireland” for “A regional board”,

(b) delete “in its fisheries region”, and

(c) substitute “Inland Fisheries Ireland” for “the said board”.

17.

Section 118

In subsection (6) (amended by Part I of the Fourth Schedule)— (a) substitute “Inland Fisheries Ireland” for “A regional board”, (b) delete “in its fisheries region”, and (c) substitute “Inland Fisheries Ireland” for “the said board”.

In subsection (6) (amended by Part I of the Fourth Schedule)—

(a) substitute “Inland Fisheries Ireland” for “A regional board”,

(b) delete “in its fisheries region”, and

(c) substitute “Inland Fisheries Ireland” for “the said board”.

18.

Section 154 (inserted by section 20 of the Act of 1994)

In paragraph (a) of the definition of “inspector” substitute “Inland Fisheries Ireland” for “a regional board”.

19.

Section 158 (inserted by section 20 of the Act of 1994)

In subsection (2) substitute “Inland Fisheries Ireland” for “the regional board in whose fisheries region is situate any fisheries district in which he carries on or proposes to carry on the business of selling, or exporting for sale, salmon and trout, eels or molluscan shellfish, as the case may be” and “each such board” where occurring.

20.

Section 159 (inserted by section 20 of the Act of 1994)

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the board”. (b) In subsection (1)(a)— (i) substitute “Inland Fisheries Ireland” for “the regional board”, and (ii) delete “within such board’s fisheries region”. (c) In subsection (2) substitute “Inland Fisheries Ireland” for “a regional board”.

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the board”.

(b) In subsection (1)(a)—

(i) substitute “Inland Fisheries Ireland” for “the regional board”, and

(ii) delete “within such board’s fisheries region”.

(c) In subsection (2) substitute “Inland Fisheries Ireland” for “a regional board”.

21.

Section 160 (inserted by section 20 of the Act of 1994)

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “the board” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “a Regional Board”.

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “the board” where occurring.

(b) In subsection (2) substitute “Inland Fisheries Ireland” for “a Regional Board”.

22.

Section 161 (inserted by section 20 of the Act of 1994)

In subsection (2)(b) substitute “Inland Fisheries Ireland” for “the relevant regional board” and “board” where occurring.

23.

Section 170

In subsection (2)(b) and (2)(c) (amended by section 12 of the Act of 1987) substitute “Inland Fisheries Ireland” for “a regional board” and “that board” where occurring.

24.

Section 294

In subsection (2A)(a) (inserted by section 17 of the Act of 1991) substitute “Inland Fisheries Ireland” for “the appropriate regional board”.

25.

Section 297

In subsection (2)(b) (amended by Section 71 of the Act of 1980) substitute “Inland Fisheries Ireland” for “a regional board” and “that board”.

26.

Section 298

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”. (b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

(a) In subsection (1) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

(b) In subsection (2) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board”.

27.

Section 301

(a) In subsection (1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” where occurring. (b) In subsection (2A) (as inserted by section 53 of the Act of 1980) substitute “paragraph (a), (b), (c) or (d) of section 57(4) of the Inland Fisheries Act 2010” for “paragraph (a), (b), (c) or (d) of section 46(4) of the Fisheries Act 1980”.

(a) In subsection (1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “a regional board” where occurring.

(b) In subsection (2A) (as inserted by section 53 of the Act of 1980) substitute “paragraph (a), (b), (c) or (d) of section 57(4) of the Inland Fisheries Act 2010” for “paragraph (a), (b), (c) or (d) of section 46(4) of the Fisheries Act 1980”.

28.

Section 315

In subparagraph (i) of section 315(2)(a) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

29.

Section 318

(a) In subparagraph (i)(I) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”. (b) In subparagraph (ii) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the said regional board”.

(a) In subparagraph (i)(I) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

(b) In subparagraph (ii) of section 318(1)(b) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the said regional board”.

30.

Section 319

In subparagraph (i)(I) of section 319(1)(c) (amended by Part I of the Fourth Schedule) substitute “Inland Fisheries Ireland” for “the regional board within whose fisheries region is situate the fishery district in which the offence was committed”.

(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.

(2) The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).

(3) References in this Part to the Fourth Schedule are to be read as references to the Fourth Schedule to the Act of 1980.

PART 2 Amendment of Wildlife Act 1976

PART 2

Amendment of Wildlife Act 1976

Item

Provision affected

Amendment

1.

Section 40(2)

In paragraph (cc) (inserted by the Wildlife (Amendment) Act 2000) substitute “Inland Fisheries Ireland” and “Inland Fisheries Acts 1959 to 2010” for “the Central Fisheries Board or a regional fisheries board” and “Fisheries Acts 1959 to 1999” respectively.

PART 3 Amendment of Local Government (Water Pollution) Act 1977

PART 3

Amendment of Local Government (Water Pollution) Act 1977

Item

Provision affected

Amendment

1.

Section 1

Delete the definitions (inserted by section 2 of the Local Government (Water Pollution) (Amendment) Act 1990) of “fisheries region” and “regional board”.

2.

Section 10 (inserted by section 7 of the Local Government (Water Pollution) (Amendment) Act 1990)

Substitute the following subsection for subsection (4)— “(4) (a) Where a person does not comply with an order under subsection (1), Inland Fisheries Ireland or the local authority in whose functional area the waters concerned are situated, may take any steps specified in the order to mitigate or remedy the effects of the entry or discharge concerned. (b) The amount of any expenditure incurred by a local authority or Inland Fisheries Ireland in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or Inland Fisheries Ireland, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.”.

Substitute the following subsection for subsection (4)—

“(4) (a) Where a person does not comply with an order under subsection (1), Inland Fisheries Ireland or the local authority in whose functional area the waters concerned are situated, may take any steps specified in the order to mitigate or remedy the effects of the entry or discharge concerned.

(b) The amount of any expenditure incurred by a local authority or Inland Fisheries Ireland in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or Inland Fisheries Ireland, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.”.

3.

Section 15(6) (inserted by section 11 of the Local Government (Water Pollution) (Amendment) Act 1990)

Substitute the following subsection for subsection (6)— “(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.”.

Substitute the following subsection for subsection (6)—

“(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.”.

PART 4 Amendment of Worker Participation (State Enterprises) Act 1977

PART 4

Amendment of Worker Participation (State Enterprises) Act 1977

Item

Provision affected

Amendment

1.

First Schedule (inserted by section 24 of the Worker Participation (State Enterprises) Act 1988)

In Part III to the First Schedule substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.

PART 5 Amendment of Ombudsman Act 1980

PART 5

Amendment of Ombudsman Act 1980

Item

Provision affected

Amendment

1.

Second Schedule (as amended by the Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985 (S.I. No. 69 of 1985))

Substitute “Inland Fisheries Ireland” for “Central Fisheries Board”.

PART 6 Amendment of Local Government (Water Pollution) (Amendment) Act 1990

PART 6

Amendment of Local Government (Water Pollution) (Amendment) Act 1990

Item

Provision affected

Amendment

1.

Section 26

Substitute “Inland Fisheries Ireland” for “a regional board”, “board concerned” and “board” where occurring.

2.

Section 27

In Part II of the Table to section 27 substitute “Inland Fisheries Ireland” for “a regional board in whose functional area any of the waters concerned are situated”.

3.

Section 28

Substitute “Inland Fisheries Ireland” for “regional board concerned” and “or board”.

PART 7 Amendment of Fisheries (Amendment) Act 1991

PART 7

Amendment of Fisheries (Amendment) Act 1991

Item

Provision affected

Amendment

1.

Section 16

(a) In subsection (1) substitute “within the State” for “in the fisheries region of the regional board by which it was issued”. (b) In subsection (3) substitute “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring. (c) In subsection (4) substitute “Inland Fisheries Ireland” for “each regional board”.

(a) In subsection (1) substitute “within the State” for “in the fisheries region of the regional board by which it was issued”.

(b) In subsection (3) substitute “Inland Fisheries Ireland” for “a regional board” and “the board” where occurring.

(c) In subsection (4) substitute “Inland Fisheries Ireland” for “each regional board”.

PART 8 Amendment of Fisheries (Amendment) Act 1995

PART 8

Amendment of Fisheries (Amendment) Act 1995

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board”. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board in respect of which a report is being prepared under this section” and “a report under this section” for “the report” respectively. (c) In subsection (3) substitute “Inland Fisheries Ireland” for “the board concerned”. (d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring. (e) In subsection (6) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board”.

(b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board in respect of which a report is being prepared under this section” and “a report under this section” for “the report” respectively.

(c) In subsection (3) substitute “Inland Fisheries Ireland” for “the board concerned”.

(d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

(e) In subsection (6) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

2.

Section 3

(a) In subsection (1)(a), (b) and (b)(ii) substitute “Inland Fisheries Ireland” for “a board” or “the board” where occurring. (b) In subsection (2)(a) substitute “Inland Fisheries Ireland” for “the board concerned”. (c) In subsection (3) substitute “Inland Fisheries Ireland” for “a board” and “the said board” where occurring. (d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board”. (e) In subsection (7) substitute “Inland Fisheries Ireland” for “a board”.

(a) In subsection (1)(a), (b) and (b)(ii) substitute “Inland Fisheries Ireland” for “a board” or “the board” where occurring.

(b) In subsection (2)(a) substitute “Inland Fisheries Ireland” for “the board concerned”.

(c) In subsection (3) substitute “Inland Fisheries Ireland” for “a board” and “the said board” where occurring.

(d) In subsection (5) substitute “Inland Fisheries Ireland” for “a board”.

(e) In subsection (7) substitute “Inland Fisheries Ireland” for “a board”.

3.

Section 4

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board to which a notice aforesaid is given”.

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring.

(b) In subsection (2) substitute “Inland Fisheries Ireland” for “A board to which a notice aforesaid is given”.

4.

Section 5

In subsection (10) substitute “Subsections (6) and (7) of section 18 of the Inland Fisheries Act 2010” for “Subsections (4) and (5) of section 24 of the Act of 1980” and substitute “subsection (4) of that section” for “subsection (2) of that section”.

5.

Section 6

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring. (b) In subsection (2) substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring. (c) In subsection (4) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring. (d) In subsection (6) substitute “Inland Fisheries Ireland” for “the board concerned”.

(a) In subsection (1) substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

(b) In subsection (2) substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring.

(c) In subsection (4) substitute “Inland Fisheries Ireland” for “a board” and “the board concerned” where occurring.

(d) In subsection (6) substitute “Inland Fisheries Ireland” for “the board concerned”.

6.

Section 7

Substitute “Inland Fisheries Ireland” for “the board concerned” and “the board” where occurring.

7.

Section 8

Substitute the following for section 8: “8.— (1) The Minister may remove from office a member of IFI who is responsible for a failure to comply with a requirement or request made of IFI under subsection (2) or (3) of section 2, or section 7 of this Act. (2) This section is without prejudice to the provisions of sections 17(1) and 18(1) of the Inland Fisheries Act 2010. (3) References to sections 17(1) and 18(1) of the Inland Fisheries Act 2010 shall be construed as including references to this section.”.

Substitute the following for section 8

“8.— (1) The Minister may remove from office a member of IFI who is responsible for a failure to comply with a requirement or request made of IFI under subsection (2) or (3) of section 2, or section 7 of this Act.

(2) This section is without prejudice to the provisions of sections 17(1) and 18(1) of the Inland Fisheries Act 2010.

(3) References to sections 17(1) and 18(1) of the Inland Fisheries Act 2010 shall be construed as including references to this section.”.

8.

Section 9

In subsection (3) substitute “Inland Fisheries Ireland” for “a board concerned”.

9.

Section 10

Substitute “Inland Fisheries Ireland” for “a board” and “the board” where occurring.

PART 9 Amendment of Dumping at Sea Act 1996

PART 9

Amendment of Dumping at Sea Act 1996

Item

Provision affected

Amendment

1.

Section 6

(a) In subsection (1)(b)— (i) delete “, in relation to the fisheries regions created under section 10 of the Fisheries Act, 1980,”, and (ii) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board established by the said Act,”. (b) Delete subsection (1)(c).

(a) In subsection (1)(b)—

(i) delete “, in relation to the fisheries regions created under section 10 of the Fisheries Act, 1980,”, and

(ii) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board established by the said Act,”.

(b) Delete subsection (1)(c).

PART 10 Amendment of Freedom of Information Act 1997

PART 10

Amendment of Freedom of Information Act 1997

Item

Provision affected

Amendment

1.

Third Schedule

At the end of Part I insert— (a) in column (2), “Inland Fisheries Act 2010.”, and (b) in column (3), “Section 36.” opposite the mention in column (2) of the Inland Fisheries Act 2010.

At the end of Part I insert—

(a) in column (2), “Inland Fisheries Act 2010.”, and

(b) in column (3), “Section 36.” opposite the mention in column (2) of the Inland Fisheries Act 2010.

PART 11 Amendment of Fisheries (Amendment) Act 1997

PART 11

Amendment of Fisheries (Amendment) Act 1997

Item

Provision affected

Amendment

1.

Section 39

In subsection (2) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.

2.

Section 77

In subsection (1) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980”.

PART 12 Amendment of Prompt Payment of Accounts Act 1997

PART 12

Amendment of Prompt Payment of Accounts Act 1997

Item

Provision affected

Amendment

1.

Schedule

(a) Insert “Inland Fisheries Ireland”, and (b) delete “Central Fisheries Board” and “Regional Fisheries Boards”.

(a) Insert “Inland Fisheries Ireland”, and

(b) delete “Central Fisheries Board” and “Regional Fisheries Boards”.

PART 13 Amendment of Taxes Consolidation Act 1997

PART 13

Amendment of Taxes Consolidation Act 1997

Item

Provision affected

Amendment

1.

Schedule 4

(a) Delete— (i) “18. The Central Fisheries Board.”, (ii) “33. Eastern Regional Fisheries Board.”, (iii) “80. The Northern Regional Fisheries Board.”, (iv) “81. The North Western Regional Fisheries Board.”, (v) “93. The Shannon Regional Fisheries Board.”, (vi) “94. The Southern Regional Fisheries Board.”, (vii) “95. “The South Western Regional Fisheries Board.”, and (b) insert the following after paragraph 53A, “53AB. Inland Fisheries Ireland.”.

(a) Delete—

(i) “18. The Central Fisheries Board.”,

(ii) “33. Eastern Regional Fisheries Board.”,

(iii) “80. The Northern Regional Fisheries Board.”,

(iv) “81. The North Western Regional Fisheries Board.”,

(v) “93. The Shannon Regional Fisheries Board.”,

(vi) “94. The Southern Regional Fisheries Board.”,

(vii) “95. “The South Western Regional Fisheries Board.”, and

(b) insert the following after paragraph 53A, “53AB. Inland Fisheries Ireland.”.

2.

Schedule 13

(a) Delete paragraphs 96 and 97, and (b) insert after paragraph 173— “174. Inland Fisheries Ireland.”.

(a) Delete paragraphs 96 and 97, and

(b) insert after paragraph 173—

“174. Inland Fisheries Ireland.”.

PART 14 Amendment of Official Languages Act 2003

PART 14

Amendment of Official Languages Act 2003

Item

Provision affected

Amendment

1.

Schedule 1

(a) In paragraph 1(2) of the Irish text substitute “Iascach Intíre Éireann” for “An Príomh-Bhord Iascaigh agus Boird Iascaigh Réigiúnacha”. (b) In paragraph 1(2) of the English text substitute “Inland Fisheries Ireland” for “Central and Regional Fisheries Boards”.

(a) In paragraph 1(2) of the Irish text substitute “Iascach Intíre Éireann” for “An Príomh-Bhord Iascaigh agus Boird Iascaigh Réigiúnacha”.

(b) In paragraph 1(2) of the English text substitute “Inland Fisheries Ireland” for “Central and Regional Fisheries Boards”.

PART 15 Amendment of Maritime Safety Act 2005

PART 15

Amendment of Maritime Safety Act 2005

Item

Provision affected

Amendment

1.

Section 18

In paragraph (e) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board (within the meaning of the Fisheries Act 1980)”.

ISB Act 2010-06-01

Schedule 3 Inland Fisheries Act 2010 Open official source

SCHEDULE 3 Consequential Amendments of Certain Statutory Instruments

SCHEDULE 3

Consequential Amendments of Certain Statutory Instruments

Section 8.

PART 1 Amendment of Superannuation (Designation of Approved Organisations) Regulations 1981 (S.I. No. 437 of 1981)

PART 1

Amendment of Superannuation (Designation of Approved Organisations) Regulations 1981 (S.I. No. 437 of 1981)

Item

Provision affected

Amendment

1.

Schedule

(a) Delete “Central Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.

(a) Delete “Central Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and

(b) insert “Inland Fisheries Ireland”.

PART 2 Amendment of Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992)

PART 2

Amendment of Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992)

Item

Provision affected

Amendment

1.

Article 14(3)

(a) Delete paragraphs (d) and (e), and (b) insert “(h) Inland Fisheries Ireland”.

(a) Delete paragraphs (d) and (e), and

(b) insert “(h) Inland Fisheries Ireland”.

PART 3 Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993)

PART 3

Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993)

Item

Provision affected

Amendment

1.

Third Schedule, Part I

(a) Delete “Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.

(a) Delete “Regional Fisheries Board”, and

(b) insert “Inland Fisheries Ireland”.

PART 4 Amendment of Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994)

PART 4

Amendment of Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994)

Item

Provision affected

Amendment

1.

Article 20(1) (as amended by Article 4 of the Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004))

(a) Delete paragraph (c), and (b) insert “(cc) Inland Fisheries Ireland”.

(a) Delete paragraph (c), and

(b) insert “(cc) Inland Fisheries Ireland”.

PART 5 Amendment of Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994)

PART 5

Amendment of Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994)

Item

Provision affected

Amendment

1.

Article 8(3)

In paragraph (e) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.

PART 6 Amendment of District Court Rules 1997 (S.I. No. 93 of 1997)

PART 6

Amendment of District Court Rules 1997 (S.I. No. 93 of 1997)

Item

Provision affected

Amendment

1.

PART III Order 65 Fisheries

PART III

Order 65 Fisheries

In paragraph 2(3) substitute “Inland Fisheries Ireland” for “the Regional Board in whose fisheries region he or she carries on or proposes to carry on business”.

2.

Schedule C (Forms in Civil Proceedings) No. 65.1 (Notice of application for a Certificate of Fitness)

Schedule C

(Forms in Civil Proceedings)

No. 65.1

(Notice of application for a Certificate of Fitness)

Substitute “Inland Fisheries Ireland” for “The Regional Fisheries Board”.

3.

Schedule C (Forms in Civil Proceedings) No. 65.14 (Warrant under Section 297)

Schedule C

(Forms in Civil Proceedings)

No. 65.14

(Warrant under Section 297)

Substitute “Inland Fisheries Ireland” for “a Regional Board” and “that Board” where occurring.

PART 7 Amendment of Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998)

PART 7

Amendment of Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998)

Item

Provision affected

Amendment

1.

Regulation 10(1)

(a) Delete paragraphs (g) and (h), and (b) insert “(gg) Inland Fisheries Ireland”.

(a) Delete paragraphs (g) and (h), and

(b) insert “(gg) Inland Fisheries Ireland”.

PART 8 Amendment of Control of Dogs Regulations 1998 (S.I. No. 442 of 1998)

PART 8

Amendment of Control of Dogs Regulations 1998 (S.I. No. 442 of 1998)

Item

Provision affected

Amendment

1.

Article 7(1)

In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board or a Regional Fisheries Board”.

PART 9 Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999)

PART 9

Amendment of Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999)

Item

Provision affected

Amendment

1.

Second Schedule, Part 1

Substitute “Inland Fisheries Ireland” for “Regional Fisheries Boards”.

PART 10 Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001)

PART 10

Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001)

Item

Provision affected

Amendment

1.

Article 10(1)

In paragraph (a) substitute “Inland Fisheries Ireland” for “the appropriate regional fisheries board”.

PART 11 Amendment of Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

PART 11

Amendment of Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

Item

Provision affected

Amendment

1.

Article 13 (inserted by Article 5 of the Planning and Development Regulations 2006 (S.I. No. 685 of 2006))

(a) Delete paragraphs (k) and (u), and (b) insert new paragraph “(ss) Inland Fisheries Ireland”.

(a) Delete paragraphs (k) and (u), and

(b) insert new paragraph “(ss) Inland Fisheries Ireland”.

2.

Article 15 (inserted by Article 7 of S.I. No. 685 of 2006)

In paragraph (k) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board and any Regional Fisheries Board whose area is within the region for which guidelines are prepared”.

3.

Article 28(1) (inserted by Part 4 of S.I. No. 685 of 2006)

(a) In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”, and (b) in paragraph (q) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

(a) In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”, and

(b) in paragraph (q) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

4.

Article 82(3) (inserted by Article 18 of S.I. No. 685 of 2006)

In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

5.

Article 121(1) (inserted by Article 29 of S.I. No. 685 of 2006)

In paragraph (g) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

6.

Article 179(2)

In paragraph (k) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

7.

Article 213(1) (inserted by Article 41 of S.I. No. 685 of 2006)

In paragraph (j) substitute “Inland Fisheries Ireland” for “the appropriate Regional Fisheries Board”.

8.

Schedule 2, Part 1, Class 52

Substitute “Inland Fisheries Ireland” for “a Regional Fisheries Board”.

PART 12 Amendment of Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002)

PART 12

Amendment of Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002)

Item

Provision affected

Amendment

1.

Schedule

(a) Delete “The Central Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.

(a) Delete “The Central Fisheries Board”, “The Northern Regional Fisheries Board”, “The North Western Regional Fisheries Board”, “The Eastern Regional Fisheries Board”, “The Shannon Regional Fisheries Board”, “The Southern Regional Fisheries Board”, “The South Western Regional Fisheries Board”, and “The Western Regional Fisheries Board”, and

(b) insert “Inland Fisheries Ireland”.

PART 13 Amendment of European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003)

PART 13

Amendment of European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003)

Item

Provision affected

Amendment

1.

First Schedule

(a) Delete “the regional fisheries boards in the area” and “the Central Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.

(a) Delete “the regional fisheries boards in the area” and “the Central Fisheries Board”, and

(b) insert “Inland Fisheries Ireland”.

PART 14 Amendment of Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)

PART 14

Amendment of Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)

Item

Provision affected

Amendment

1.

Article 18(1)

In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.

2.

Article 42(3)

In paragraph (d) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.

PART 15 Amendment of European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006)

PART 15

Amendment of European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006)

Item

Provision affected

Amendment

1.

Schedule 1

(a) Delete “the relevant regional fisheries board” and “the Central Fisheries Board”, and (b) insert “Inland Fisheries Ireland”.

(a) Delete “the relevant regional fisheries board” and “the Central Fisheries Board”, and

(b) insert “Inland Fisheries Ireland”.

PART 16 Amendment of Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

PART 16

Amendment of Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

Item

Provision affected

Amendment

1.

Regulation 21(1)

In paragraph (c) substitute “Inland Fisheries Ireland” for “the Central Fisheries Board”.

ISB Act 2010-06-01

Schedule 4 Inland Fisheries Act 2010 Open official source

SCHEDULE 4 Redress for Contravention of Section 38

SCHEDULE 4

Redress for Contravention of Section 38

Section 38.

Complaints to rights commissioner.

1. (1) An employee or any trade union of which the employee is a member, with the consent of the employee, may present a complaint to a rights commissioner that IFI has contravened section 38(1) in relation to the employee.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to the complaint, and

(c) communicate the decision to the parties.

(3) A decision of a rights commissioner under subparagraph (2) shall do one or more of the following

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require IFI to take a specified course of action,

(c) require IFI to pay the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration in respect of the employee’s employment.

(4) A rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner concerned.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).

Appeal from decision of rights commissioner.

2. (1) A party concerned may appeal to the Labour Court from a decision of a rights commissioner under paragraph 1 and, if the party does so, the Labour Court shall—

(a) give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

(b) make a determination in writing in relation to the appeal affirming, varying or setting aside the decision, and

(c) communicate the determination to the parties.

(2) An appeal under this paragraph shall be initiated by the party concerned, giving, within 6 weeks (or such greater period as the Labour Court may determine in the particular circumstances) from the date on which the decision to which it relates was communicated to the party, a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court under subparagraph (4) and stating the intention of the party concerned to appeal against the decision.

(3) A copy of a notice under subparagraph (2) shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court.

(4) The following matters, and the procedures to be followed in relation to them, shall be determined by the Labour Court, namely

(a) the procedure in relation to all matters concerning the initiation and the hearing by the Labour Court of appeals under this paragraph;

(b) the times and places of hearings of such appeals;

(c) the representation of the parties to such appeals;

(d) the publication and notification of determinations of the Labour Court;

(e) the particulars to be contained in a notice under subparagraph (2); and

(f) any matters consequential on, or incidental to, the foregoing matters.

(5) The Minister may, at the request of the Labour Court, refer a question of law arising in proceedings before it under this paragraph to the High Court for its determination and the determination of the High Court shall be final and conclusive.

(6) A party to proceedings before the Labour Court under this paragraph may appeal to the High Court from a determination of the Labour Court on a point of law and the determination of the High Court shall be final and conclusive.

(7) Section 39(17) of the Redundancy Payments Act 1967 applies in relation to proceedings before the Labour Court under this Part as it applies to matters referred to the Employment Appeals Tribunal under that section with—

(a) references to the Labour Court to be read as references to the Tribunal,

(b) paragraph (d) to be read as if “registered” was omitted, and

(c) reference to a fine not exceeding £150 in paragraph (e) to be read as reference to a fine not exceeding €5,000.

Paragraphs 1 and 2: supplemental provisions.

3. (1) Where a decision of a rights commissioner in relation to a complaint under this Schedule has not been carried out by IFI in accordance with its terms, the time for bringing an appeal against the decision has expired and no such appeal has been brought, the employee concerned may bring the complaint before the Labour Court and the Labour Court shall, without hearing IFI or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the decision.

(2) The bringing of a complaint before the Labour Court under subparagraph (1) shall be effected by giving to the Labour Court a written notice containing such particulars (if any) as may be determined by the Labour Court.

(3) The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under subparagraph (4)(a), (b), (c), (e) and (f) of paragraph 2 (not being a determination as respects a particular appeal under that paragraph) and subparagraph (2).

Enforcement of determinations of Labour Court.

4. (1) If IFI fails to carry out in accordance with its terms a determination of the Labour Court in relation to a complaint under paragraph 1 within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by—

(a) the employee concerned, or

(b) with the consent of the employee, any trade union of which the employee is a member,

without hearing IFI or any evidence (other than in relation to the matters aforesaid), make an order directing IFI to carry out the determination in accordance with its terms.

(2) The reference in subparagraph (1) to a determination of the Labour Court is a reference to a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought it has been abandoned and the references to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as references to the date of such abandonment.

(3) In an order under this paragraph providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct IFI to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Courts Act 1981, in respect of the whole or any part of the period beginning 6 weeks after the date on which the determination of the Labour Court is communicated to the parties and ending on the date of the order.

(4) An application under this paragraph shall be made to the Circuit Court sitting in the Circuit in which is situated the place of work (within the meaning of the Safety, Health and Welfare at Work Act 2005) at which the employee is normally employed by IFI.

ISB Act 2010-06-01

Schedule 5 Inland Fisheries Act 2010 Open official source

SCHEDULE 5 Provisions Referred to in Sections 60, 61 and 62

SCHEDULE 5

Provisions Referred to in Sections 60, 61 and 62

Sections 60, 61 and 62.

1. Where an application to which this Schedule applies is made, the applicant shall

(a) deposit and keep deposited, at the place or each of the places appointed by the Minister, for such period (being a period of not less than 3 weeks) as the Minister directs, a copy of the application and of any plan which accompanied it;

(b) publish in such newspapers as the Minister directs notice of the making of the application stating the place or places at which the application and any accompanying plan may be inspected under Article 3 during a period specified in the notice (which period shall be the period so directed) and also stating that notice of representations or objections as regards the proposed authorisation or acquisition order, as the case may be, may be given in writing to the Minister during the said period (which notices are hereby authorised to be so given);

(c) not later than 2 weeks before the expiration of the period so directed, serve a notice in writing containing the particulars mentioned in and complying with the requirements of Article 2 on the owner, and if the owner is not in occupation of it, such one or more of the following as are in the circumstances appropriate, namely

(i) the owner of the fishery, premises or other land proposed to be acquired if the owner can be so ascertained, and, if the owner is not in occupation of it, the occupier of such fishery, premises or other land;

(ii) the owner of the land comprising the proposed servient tenement if the owner can by reasonable enquiry be ascertained and, if the owner is not in occupation of it, the occupier of such land;

(iii) the person entitled to enjoy any right proposed to be acquired, if such person can be so ascertained;

and

(d) in case the application is an application under section 62, not later than the expiration of the period so directed, serve a notice in writing of the making of the application on—

(i) the Commissioners, and

(ii) any planning authority within whose functional area the servient tenement to which the application relates (or any part thereof) is situate.

2. A notice referred to in Article 1 shall indicate the situation of the servient tenement or other land to which the application, if granted, would relate and with which the person on whom the notice is served is concerned.

3. Where an application to which this Schedule applies is made, any person may during the period specified in a notice published under Article 1 inspect at a place specified in the notice at any reasonable hour any application and any document deposited with it.

4. A dispute or difference as to the amount of compensation payable under this Act shall not be a ground for objection to the making of an acquisition order.

5. The following shall be entitled to be heard (either in person or through counsel or a solicitor) on the hearing, whether by the Minister or on appeal, of an application to which this Schedule applies, namely

(a) the applicant;

(b) the owner of the fishery or land proposed to be acquired or, where appropriate, the owner of the proposed servient tenement;

(c) any person entitled to the enjoyment of any right proposed to be acquired;

(d) any person by whom a notice has been duly given in relation to the application under Article 1(b);

(e) in case the application is an application under section 62—

(i) the Commissioners, and

(ii) the planning authority on which notice relating to the application has been served in accordance with Article 1(d).

6. Where an application is made for an order under section 60 or 62 the following provisions shall apply

(a) the Minister may, for the purpose of enabling the ownership of a proposed servient tenement to be ascertained, direct the applicant to give to any person who is the occupier of the land or who, either directly or indirectly, receives rent in respect of the land, a notice in writing requiring him or her to state in writing the nature of his or her own interest in it and the name and address of any other person known to him or her as having an interest in it, whether as owner in fee simple, mortgagee, lessee or otherwise, and

(b) if the Minister or the Arbitrator, as the case may be, is satisfied that after diligent inquiry the owner of the fishery proposed to be acquired, or, in case the application is either for an order under section 62 or for an order under section 60 providing for the acquisition of a way-leave, right of access or other right over, in or under land, the owner of the proposed servient tenement, cannot be found or ascertained, the application or an appeal under section 60 or 62 may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained.

7. Every acquisition order shall—

(a) in case the order is an order under section 62 or an order under section 60 which provides for the acquisition of a right of access—

(i) have attached to it a map showing the route of the right of way or right of access thereby created or acquired and its extent,

(ii) subject to such restrictions and provisions (if any) as may be specified in it, operate to grant to the applicant the right of way or access free from all claims and all other rights of any other person,

(iii) in case the order is made under section 62, be expressed and operate to confer, as may be provided for by the order, either or both of the following, namely

(I) on the members, officers, servants, agents and licensees of IFI, for the purpose of enabling surveys to be made or improvement or other works connected with a fishery to be carried out, a right to pass and repass at all reasonable times with or without vehicles (whether laden or unladen) or other machinery or equipment or animals along such route over the land over which such right of way is exercisable,

(II) on any person a right to pass and repass for the purpose of gaining access to fishing waters and lawfully fishing in them (whether from their banks or otherwise), together with a right to make reasonable use for fishing of any bank or other part of the servient tenement forming part of or immediately adjacent to a fishery,

(b) in case the order is an order under section 60—

(i) be expressed and operate to transfer to IFI, on and from the date specified in it in that behalf, all the estate, right, title and interest in the relevant fishery of the person from whom it was acquired, free from encumbrances and from all estates and interests in it (except such angling right, if any, as may be reserved by the order) together with such of the following (if any) as the order may specify, namely, any other estate or interest in land or any estate or interest in any way-leave, right of access, or other easement or other right over, in or under land or water, and in case the order so specifies, operate to transfer the bed and soil of the waters comprising the fishery in fee simple free from encumbrances and from all such estates and interests in it,

(ii) describe the fishery thereby acquired, specify the means of access to it and so acquired (if any) and have attached to it a map showing the area and situation of such fishery and any such means of access, and

(iii) be admissible in any legal proceedings as evidence as to the kind and the area of the relevant fishery as stated in it.

8. (1) Where a decision is made by the Minister under section 60 or an order is made under section 60, 61 or 62, the decision or order shall come into force—

(a) in case no appeal in respect of it is taken, upon the expiration of the period during which such an appeal may be taken, or

(b) in case such an appeal is taken and the appeal is withdrawn, on the expiration of the period mentioned in subparagraph (a) or on the day next following the day on which the appeal is withdrawn, whichever is the later.

(2) Where an order to which this Schedule applies is made by the Minister and is confirmed or varied by the Arbitrator on an appeal under this Act, or where a refusal by the Minister is so affirmed or any other decision is made by the Arbitrator on an appeal under this Act, then unless the Arbitrator otherwise directs, the decision on the appeal shall come into force on the day immediately following the day on which it is made, and, in case the Arbitrator gives a direction under this subparagraph, the decision to which the direction relates shall come into force on the day specified in that direction.

9. An order to which this Schedule applies may contain provisions authorising the person in whose favour it is made at any time before ascertainment of the compensation payable under this Act as regards the fishery or other land or a right over, in or under land or water, being acquired under the order to enter and take possession and to use such land or to exercise such right in exercise of the powers conferred by the order, and, in case the order contains such provisions, it shall also contain provisions—

(a) requiring such person, if the person so enters and takes possession of the land or exercises such right, to pay interest on the amount of the compensation so payable at such rate as shall be determined from time to time by the Minister for Finance, from the date on which such power was exercised until payment,

(b) requiring the person in whose favour the order is made, if the person so enters and takes possession of the land or so exercises any right over, in or under land or water, to give to the occupier of the land at least one month’s previous notice in writing of the intention so to exercise such right,

(c) authorising such person to serve the notice aforesaid on a person by sending it by prepaid post in an envelope addressed to the person at his or her usual or last known address and deeming the notice to have been served on the person at the time at which the envelope would be delivered in the ordinary course of post and, when the address of the person cannot be ascertained by reasonable inquiry, authorising the person in whose favour the order is made to serve the notice by affixing it in a conspicuous position on or near the land to which it relates and authorising the addressing of the envelope to the person for whom it is intended, in case his or her name cannot be ascertained by reasonable inquiry, by addressing it to “the owner” or “the occupier”(as the case may require) without naming him or her.

10. Where an order under section 60 or 61 is made, the following provisions shall apply

(a) the order shall operate, on and from its commencement, to transfer and attach to the relevant amount paid under this Act to a person as compensation all estates, trusts and encumbrances existing in respect of the interest of the person in the fishery or other land or water immediately before the date of the order; and

(b) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the said interest, represent that interest for all purposes.

11. (1) Whenever the Minister gives an authorisation under section 60(1), he or she shall, as soon as may be after the authorisation is given, serve on the owner of the fishery to which the authorisation relates, and on any person (other than such owner) by whom a notice in relation to the authorisation has been duly given under Article 1(b) as regards the authorisation, a copy of the authorisation.

(2) Whenever the Minister makes an order under section 60, 61 or 62, he or she shall, as soon as may be after the order is made, cause notice of the making of such order to be published in the Iris Oifigiúil, which notice shall state the period within which an appeal may be taken under section 60, 61 or 62, and shall, as soon as may be, serve on the owner of the fishery to which the order relates a copy of the order.

12. (1) Where a fishery or any land is transferred to IFI by virtue of an order under this Act, the registering authority under the Registration of Title Act 1964, shall upon production of a copy of the order under the official seal of the Minister register IFI in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the fishery or other land and the authority shall, in addition, cause such other alterations (if any) to be made in such register as are appropriate having regard to the terms of the order.

(2) Where land over which a right of way is created by an order under section 62 is or is deemed to be registered under the Registration of Title Act 1964, the registering authority under that Act shall on production of a copy of the order under the official seal of the Minister register the said right of way as a burden affecting the said land.

(3) No fee shall be payable in respect of any proceedings in the Land Registry under this Article.

13. The validity or effect of an order to which this Schedule applies shall not be affected by any non-compliance with any provision contained in this Schedule relating to the service of a copy of such order on a particular person or the publication of notice of the making thereof in the Iris Oifigiúil.

14. In this Schedule—

“acquisition order” means an order made by the Minister under section 60, 61 or 62.

ISB Act 2010-06-01

Schedule 6 Inland Fisheries Act 2010 Open official source

SCHEDULE 6 Fixed Charge Notice

SCHEDULE 6

Fixed Charge Notice

Section 80 .

PART 1 Provision of Fisheries (Consolidation) Act 1959

PART 1

Provision of Fisheries (Consolidation) Act 1959

Reference Number

Provision

Description

(1)

(2)

(3)

1.

Section 137(2)(a)

Angling for salmon during annual close season.

2.

Section 138(2)(a)

Angling for trout during annual close season.

3.

Section 162(1)(b) (inserted by section 20 of the Act of 1994)

Holder of Part X licence failing to display licence.

4.

Section 163(4) (inserted by section 20 of the Act of 1994)

Holder of Part X licence failing to keep or to make an entry in a register or failing to produce for inspection a register or documents.

5.

Section 178

Unauthorised entry on several fishery.

6.

Section 287

Obstructing persons lawfully fishing.

7.

Section 291

Giving warning to person unlawfully fishing.

8.

Section 303(2)

Failing to produce a licence on demand.

PART 2 Bye-laws made or deemed to have been made under section 57

PART 2

Bye-laws made or deemed to have been made under section 57

Reference Number

Description of type of bye-laws made or deemed to have been made under section 57

(1)

(2)

1.

Contravention of a bye-law prohibiting the having on board any boat a drift net, draft net, snap net or other fishing engine other than rod and line.

2.

Contravention of a bye-law prohibiting the use of any lure other than artificial fly in angling for any kind of fish with rod and line.

3.

Contravention of a bye-law prohibiting the use of prawn, shrimp, any other crustacean or artificial forms thereof as bait in angling.

4.

Contravention of a bye-law prohibiting the taking, killing or having in possession a fish of any kind which is less than a specified length.

5.

Contravention of a bye-law prohibiting the taking or having in possession more than a specified number of any kind of fish.

6.

Contravention of a bye-law prohibiting the taking, having in possession or control, selling or offering for sale any sea trout.

7.

Contravention of a bye-law prohibiting the fishing, or attempting to fish, for bass.

Inland Fisheries Act 2010

Table of Provisions (6)

Statutory Text (6 Articles)

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