FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 76 Power of Ministry to authorise the alteration of sites of fixed engines.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 76

Power of Ministry to authorise the alteration of sites of fixed engines.

76.(1) The owner of a fixed engine in respect of which a certificate has been
granted under section 6 of the Salmon Fishery (Ireland) Act 1863 may apply to
the Ministry for permission to remove the fixed engine from the place or
position specified in the certificate and to erect it at some other place or
in some other position.

(2) If the Ministry, after causing a local public inquiry to be held, is
satisfied that the removal and re-erection of the fixed engine will not unduly
interfere with the reasonable and legitimate interests of any other person,
the Ministry may grant a licence authorising the owner of the fixed engine to
remove it from the place or position specified in the certificate and [for him
and his successors in title] to erect and use it at such other place or in
such other position, and subject to such conditions, and such limitations as
to time or otherwise, as may be specified in the licence.

(3) If the Ministry is satisfied that it is expedient in the interests of the
salmon fisheries to revoke a licence granted under this section, or to vary
the provisions of such a licence with respect to

(a)the place or position in which a fixed engine is by the licence authorised
to be erected and used, or

(b)any conditions or limitations contained in the licence,

(4) Without prejudice to subsection (3), a licence granted under this section
may be suspended or revoked in accordance with the provisions of Schedule 1.

(5) Nothing in this section shall be deemed to empower the Ministry to
authorise the erection of any fixed engine at a place or in a position where
its use would be injurious to navigation or would contravene the provisions of
any enactment.

(6) Where, by licence under this section, the Ministry authorises any person
to erect and use a fixed engine at a place or in a position other than that
specified in the certificate referred to in subsection (1), for the purposes
of this Act the certificate shall have effect during the currency of the
licence as if the reference in the certificate to the place or position so
specified were a reference to the first-mentioned place or position.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 76