FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 4 Provisions supplemental to section 3.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 4

Provisions supplemental to section 3.

4.(1) The succeeding provisions of this section shall have effect where
the Ministry has, under section 3, undertaken the development or improvement
of any waters for angling, and a person claiming to be entitled to fishing
rights in respect of those waters (in this section referred to as "the owner")
at any time thereafter produces to the Ministry proof of his title to the
rights.

(2) The Ministry's occupation of the waters referred to in subsection (1)
shall be, and be deemed always to have been, occupation in trust for the
owner.

(3) If any question arises as to the sufficiency of any evidence tendered by
the owner in proof of his title to the fishing rights or with respect to any
account between the Ministry and the owner relating to those rights, that
question shall, if the owner so requires, (but without prejudice to any other
remedy available to the owner) be referred to arbitration under and in
accordance with the provisions of the Arbitration Act (Northern Ireland) 1937.

(4) Any arbitration under subsection (3) shall be conducted by a single
arbitrator to be appointed by both parties, or, if the parties are unable to
agree upon an arbitrator, by two arbitrators, one of whom shall be appointed
by each party.

(5) Section 5 of the Acquisition of Land (Assessment of Compensation) Act 1919
(provisions as to costs) shall, so far as applicable, have effect for the
purposes of any arbitration under subsection (3).

(6) Nothing in this section shall affect any permit issued by the Ministry
under section 3(5) with respect to any waters such as are referred to in
subsection (1), the period of which has not yet expired, but every such permit
shall continue in force in all respects according to its tenor.

(7) Subsection (6) shall have effect without prejudice to any obligation of
the Ministry to account to the owner for any sums received by the Ministry in
consideration of the issue of any permit to which that subsection applies.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 4