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Number 40 of 2001
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FISHERIES (AMENDMENT) ACT, 2001
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ARRANGEMENT OF SECTIONS
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Section
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1.
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Definition.
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2.
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Amendment of section 3 of Act of
1997.
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3.
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Amendment of section 23 of Act of
1997.
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4.
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Amendment of section 24(4) of Act
of 1997.
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5.
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New sections 35A to 35D of Act of
1997.
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6.
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Amendment of section 30(1) of Act
of 1997.
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7.
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Amendment of section 31 of Act of
1997.
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8.
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Amendment of section 33(2) of Act
of 1997.
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9.
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Amendment of section 34(1) of Act
of 1997.
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10.
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Amendment of section 40 of Act of
1997.
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11.
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Amendment of section 57 of Act of
1997.
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12.
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New section 57A of Act of 1997.
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13.
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Amendment of section 59 of Act of
1997.
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14.
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Confirmation of fees payable to
Minister in respect of certain fish culture and aquaculture licences.
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15.
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Short title, collective citation
and construction.
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Acts
Referred to
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European Parliament
Elections Act, 1997
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1997, No. 2
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Fisheries
Act, 1980
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1980, No. 1
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Fisheries
Acts, 1959 to 2000
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Fisheries
(Amendment) Act, 1997
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1997, No. 23
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Fisheries
and Foreshore (Amendment) Act, 1998
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1998, No. 54
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Fisheries
(Consolidation) Act, 1959
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1959, No. 14
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Local
Government Act, 1941
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1941, No. 23
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Number 40 of 2001
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FISHERIES (AMENDMENT) ACT, 2001
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AN ACT TO AMEND AND EXTEND THE FISHERIES (AMENDMENT) ACT, 1997, TO
CONFIRM FEES PAYABLE TO THE MINISTER FOR THE MARINE AND NATURAL RESOURCES IN
RESPECT OF CERTAIN FISH CULTURE AND AQUACULTURE LICENCES AND FOR RELATED
PURPOSES. [27th November, 2001]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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Definition.
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1.—In
this Act “Act of 1997” means the Fisheries (Amendment) Act, 1997 (as amended
and extended by the Fisheries and Foreshore (Amendment) Act, 1998 ).
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Amendment of
section 3 of Act of 1997.
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2.—Section
3 of the Act of 1997 is amended by the insertion after the definition of
“licensing authority” of the following definition:
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“‘local authority’ means a local authority
for the purposes of the Local Government Act, 1941 ;”.
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Amendment of
section 23 of Act of 1997.
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3.—Section
23 of the Act of 1997 is amended by the insertion after subsection (1) of
the following subsection:
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“(1A) A person who is, for the time being—
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(a) entitled under the Standing Orders of
either House of the Oireachtas to sit therein,
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(b) a member of the European Parliament,
or
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(c) a member of a local authority,
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shall be disqualified from being appointed as the Chairperson or
member of the Board.”.
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Amendment of
section 24(4) of Act of 1997.
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4.—Section
24(4) of the Act of 1997 is amended by the substitution of the following for
paragraph (c):
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“(c) is regarded, pursuant to Part XIII
of the Second Schedule to the European Parliament Elections Act, 1997 , as
having been elected to that Parliament to fill a vacancy, or
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(d) becomes a member of a local
authority.”.
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New sections 35A
to 35D of Act of 1997.
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5.—The
Act of 1997 is amended by the insertion of the following after section 35:
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“Employees of Board.
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35A.—(1) The Board shall
appoint such and so many persons to be employees to the Board as the
Board, subject to the approval of the Minister, given with the consent of
the Minister for Finance, as to the number and kind of those employees,
from time to time considers appropriate.
(2) The Board may employ
a person in a part-time capacity to be remunerated by the payment of fees
in such amounts as the Board may, with the approval of the Minister, given
with the consent of the Minister for Finance, from time to time determine.
(3) An employee of the
Board holds his or her employment on such terms and conditions as the
Board, subject to the approval of the Minister, given with the consent of
the Minister for Finance, from time to time determines.
(4) There shall be paid
by the Board to its employees out of moneys at its disposal such
remuneration and allowances as the Board, subject to the approval of the
Minister, given with the consent of the Minister for Finance, from time to
time determines.
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Superannuation of employees of Board.
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35B.—(1) The Board shall
prepare and submit to the Minister for his or her approval, a scheme or
schemes for the granting of pensions, gratuities and other allowances on
retirement or death to or in respect of such whole-time employees of the
Board as it considers appropriate.
(2) The Board may, at
any time, prepare and submit to the Minister a scheme amending a scheme
under this section.
(3) Where a scheme is
submitted to the Minister pursuant to this section, the Minister may, with
the consent of the Minister for Finance, approve the scheme without
modification or with such modification (whether by way of addition,
omission or variation) as the Minister, with such consent, thinks proper.
(4) A scheme submitted
to the Minister under this section shall, if approved of by the Minister,
with the consent of the Minister for Finance, be carried out by the Board
in accordance with its terms.
(5) A scheme approved of
under this section shall fix the time and conditions of retirement for all
persons to or in respect of whom pensions, gratuities or other allowances
are payable under the scheme, and different times and conditions may be
fixed in respect of different classes of persons.
(6) If a dispute arises
as to the claim of a person to, or the amount of, a pension, gratuity or
other allowance payable in pursuance of a scheme under this section, the
dispute shall be submitted to the Minister who shall refer it to the
Minister for Finance, whose decision shall be final.
(7) Every scheme
approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of
and if either House within the next 21 days on which that House has sat
after the scheme is laid before it, passes a resolution annulling the
scheme, the scheme shall be annulled accordingly, but without prejudice to
the validity of anything previously done thereunder.
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Provision of services by Minister to
Board and Board to Minister.
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35C.—(1) For the purpose
of enabling the Board to perform its functions, the Minister may provide
services (including services of staff) to the Board, on such terms and
conditions (including payment for such services) as may be agreed, and the
Board may avail itself of such services.
(2) The Board may
provide services (including services of staff) to the Minister on such
terms and conditions (including payment for such services) as may be
agreed, and the Minister may avail himself or herself of such services.
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Membership of either House of Oireachtas, etc.
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35D.—(1) Where a person who
is an employee of the Board is nominated as a member of Seanad Éireann or for
election to either House of the Oireachtas or
the European Parliament, or is regarded pursuant to Part XIII of the
Second Schedule to the European Parliament Elections Act, 1997 , as having
been elected to that Parliament to fill a vacancy, or becomes a member of
a local authority, he or she shall stand seconded from employment by the
Board and shall not be paid by, or be entitled to receive from, the Board
any remuneration or allowances—
(a) in case he or she is
nominated as a member of Seanad Éireann — in respect of the period commencing on his
or her acceptance of the nomination and ending when he or she ceases to be
a member of that House,
(b) in case he or she is
nominated for election to either such House or to the European Parliament
or is regarded as having been elected to the European Parliament — in
respect of the period commencing on his or her nomination or appointment
and ending when he or she ceases to be a member of that House or
Parliament or fails to be elected or withdraws his or her candidature, as
may be appropriate, or
(c) in case he or she
becomes a member of a local authority — in respect of the period
commencing on his or her becoming a member of the local authority and ending
when he or she ceases to be a member of that authority.
(2) A person who is for
the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the
European Parliament is, while he or she is so entitled or is such a
member, disqualified from being an employee of the Board.
(3) A person who is for
the time being a member of a local authority is, while holding office as
such member, disqualified from becoming an employee of the Board.”.
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Amendment of
section 30(1) of Act of 1997.
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6.—Section
30(1) of the Act of 1997 is amended by the insertion after “adviser engaged
by the Board” of “or an employee of the Board or a person of whose services
the Board has availed itself pursuant to section 35C”.
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Amendment of
section 31 of Act of 1997.
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7.—Section
31 of the Act of 1997 is amended by the insertion—
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(a) in subsection (1), after “adviser
engaged by the Board” of “or an employee of the Board or a person of whose
services the Board has availed itself pursuant to section 35C”, and
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(b) in subsection (2), after “adviser” of
“or employee of the Board or a person of whose services the Board has
availed itself pursuant to section 35C”.
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Amendment of
section 33(2) of Act of 1997.
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8.—Section
33(2) of the Act of 1997 is amended by the substitution of the following for
paragraphs (c) and (d):
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“(c) the secretary of the Board,
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(d) each consultant or adviser engaged by
the Board, and
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(e) each employee of the Board and each
person of whose services the Board has availed itself pursuant to section
35C.”.
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Amendment of
section 34(1) of Act of 1997.
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9.—Section
34(1) of the Act of 1997 is amended by the insertion after “adviser engaged
by the Board” of “or an employee of the Board or a person of whose services
the Board has availed itself pursuant to section 35C”.
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Amendment of
section 40 of Act of 1997.
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10.—Section 40 of the Act of 1997 is amended by the
insertion of the following after subsection (7)—
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“(8) (a) A determination of an
appeal under this section (including an appeal to which section 52 refers)
and the notification of that determination shall state the main reasons and
considerations on which the determination is based.
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(b) The Board shall, on
request from any person, provide a summary of the main reasons and
considerations on which the determination of an appeal before the
commencement of the Fisheries (Amendment) Act, 2001, was based.”.
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Amendment of
section 57 of Act of 1997.
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11.—Section 57 of the Act of 1997 is amended—
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(a) by the deletion of subsections (2)
and (3), and
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(b) in subsection (7), by the
substitution for “a person appointed” of “a consultant or adviser engaged
under section 35(1) or an employee of the Board or a person of whose
services the Board has availed itself pursuant to section 35C”.
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New section 57A
of Act of 1997.
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12.—The Act of 1997 is amended by the insertion of
the following after section 57—
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“Board or consultant or adviser or
employee or other person may inspect land, etc.
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57A.—(1) The Board or a
consultant or adviser engaged under section 35(1) or an employee of the
Board or a person of whose services the Board has availed itself pursuant
to section 35C to carry out an inspection on its behalf as referred to in
section 59 may visit and inspect any land, foreshore or area or water to
which an appeal under this Chapter relates, whether or not the appeal is
the subject of an oral hearing.
(2) A person who
obstructs the Board or a consultant or adviser engaged by the Board in the
performance of the Board's or that consultant's or adviser's or employee's
or person's functions under subsection (1) shall be guilty of an
offence.”.
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Amendment of
section 59 of Act of 1997.
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13.—Section 59 of the Act of 1997 is amended by the
substitution for “by a person appointed for the purpose by the Board, the
person so appointed” of “by a consultant or adviser engaged under section
35(1) for the purpose of the inspection or oral hearing or an employee of
the Board or a person of whose services the Board has availed itself
pursuant to section 35C, the consultant, adviser, employee or person”.
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Confirmation of
fees payable to Minister in respect of certain fish culture and aquaculture
licences.
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14.—(1) In section 15 (repealed by section 5 of the
Act of 1997) of the Principal Act—
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(a) in subsection (1) (as amended by
section 63(a) of the Act of 1980) reference to the prescribed fee
shall be construed as reference to a fee determined by the Minister, and
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(b) in subsection (6)(a) (inserted
by section 63(b) of the Act of 1980) reference to prescribe shall be
construed as reference to determine,
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in respect of any fee payable under that
section in relation to fish culture licences granted under section 15 of the
Principal Act before the repeal of that section.
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(2) In section 54
(repealed by section 4 of the Act of 1997) of the Act of 1980—
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(a) in subsection (9)(a),
reference to the prescribed fee shall be construed as reference to a fee
determined by the Minister, and
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(b) in subsection (9)(b),
reference to prescribe shall be construed as reference to determine,
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in respect of any fee payable under that
section in relation to aquaculture licences granted under section 54 of the
Act of 1980 before the repeal of that section.
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(3) Any fees payable to
the Minister, in respect of fish culture licences under section 15 of the
Principal Act and aquaculture licences under section 54 of the Act of 1980
before the repeal of those sections, are confirmed.
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(4) In this section—
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“Act of 1980” means Fisheries Act, 1980;
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“Principal Act” means Fisheries
(Consolidation) Act, 1959.
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Short title,
collective citation and construction.
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15.—(1) This Act may be cited as the Fisheries
(Amendment) Act, 2001 .
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(2) The Fisheries Acts,
1959 to 2000, and this Act may be cited together as the Fisheries Acts, 1959
to 2001, and shall be construed together as one.
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