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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 135

Effect of shell-fish fishery licence.

135.(1) A shell-fish fishery licence shall confer on the licensee a right of
several fishery in the licensed area in relation to shell-fish of any kind
specified in the licence.

(2) Without prejudice to subsection (1), a shell-fish fishery licence shall
confer on the licensee within the licensed area the exclusive right of
depositing, propagating, dredging, fishing for, and taking shell-fish of any
kind specified in the licence and, in exercise of that right, the right

(a)to establish and maintain suitable living conditions for shell-fish of that
kind;

(b)notwithstanding any regulations under section 124(2)(c) and notwithstanding
section 127(1) and (1A), at any season to collect shell-fish of that kind and
remove them from place to place within the licensed area or to another
licensed area and to deposit them as and where he thinks fit;

(c)to do all other things which he thinks proper for obtaining, storing and
disposing of the produce of the fishery or for the regulation of the fishery.

(3) To the extent to which

(a)arrangements made between the licensee and the Secretary of State; and

(b)where the licence was granted with the consent of the Crown Estate
Commissioners, arrangements made between the licensee and the Commissioners,

(4) A shell-fish fishery licence shall not,

(a)except for the purpose of the culture of shell-fish of a kind specified in
the licence, affect any right in or over the foreshore or the bed of the sea
or any estuary, or any right of several fishery;

(b)for any purpose, affect any such right of any person which he enjoys under
a local or personal Act or under Royal Charter, letters patent, prescription
or immemorial usage, without the consent of that person.

(5) Subject to subsection (4), every shell-fish fishery licence shall be
binding on the Crown and on all persons whomsoever, and shall operate to vest
in the licensee, his executors, administrators and assigns such rights as are
given by the licence, free from all prior or other estates.

© 1966 Crown Copyright

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