[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FISHERIES ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 77

Power of Ministry to authorise variation in characteristics of fixed engines.

77.(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 substitute for that fixed engine or for more
than one such fixed engine a fixed engine of different characteristics from
the characteristics specified in the certificate.

(2) If the Ministry, after causing a local public inquiry to be held, is
satisfied that such substitution will not unduly interfere with the reasonable
and legitimate interests of any other person, the Ministry may accept the
surrender of any certificate such as is referred to in subsection (1), and may
grant a licence authorising the owner [and his successors in title] to erect
and use

(i)in accordance with plans and specifications approved by the Ministry; and

(ii)at a place or in a position specified in the licence; and

(iii)subject to any conditions, or any limitations as to time or otherwise,
contained in the licence,

(3) Upon the grant of a licence under subsection (2) any certificate
surrendered to the Ministry in pursuance of that subsection shall cease to
have effect, but without prejudice to the provisions of subsection (6) as to
the revival of the certificate in the event of the licence being revoked under
subsection (4) or (5).

(4) 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 characteristics of a fixed engine the erection and use of which is
authorised by the licence, or

(b)the place or position in which such a fixed engine is so authorised to be
erected, or

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

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

(6) When a licence granted under this section is revoked

(a)the provisions of

(i)this Act and any byelaws made under this Act, and

(ii)any certificate under section 6 of the said Act of 1863 with respect to a
fixed engine such as is first mentioned in subsection (1),

(b)shall have effect with respect to any such fixed engine as if the licence
had not been granted; and

(b)the Ministry shall return to the person who immediately before the
revocation of the licence was the holder thereof any certificate under the
said section 6 which had been surrendered to the Ministry under subsection (2)
by that person or by a predecessor in title of his.

(7) The provisions of sections 74 to 76, and of this section, shall have
effect with respect to a licence granted under subsection (2) in like manner
as they have effect with respect to a certificate under the said section 6, as
if the licence were such a certificate; and for the purposes of section 74(1)
the licence shall be deemed to have been granted before the commencement of
this Act.

(8) Section 79 shall not apply to the placing or continuance in accordance
with the terms of a licence granted under subsection (2) of a fishing engine
specified in such a licence.

(9) Subsection (5) of section 76 shall apply for the purposes of this section
as it applies for the purposes of that section.

Prohibition of erecting or using fixed engines at mouths of rivers.

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1966270/s77.html