Fisheries Act (Northern Ireland) 1966

[F1 3 Development of derelict waters for angling. N.I.

(1) This section applies where—

(a) the Department is of the opinion that any inland waters should be developed for angling; and

(b) the person who is entitled to the fishing rights in those waters is unknown or cannot be found.

(2) The Department may—

(a) undertake the development of those waters for angling; or

(b) authorise an approved developer to undertake such development in accordance with an approved scheme submitted to the Department by that developer.

(3) Before undertaking or authorising the development of any waters in pursuance of subsection (2), the Department shall on at least two occasions and at intervals of not less than 14 days publish in one or more than one newspaper circulating in the locality in which the waters are situated and in the Belfast Gazette, a notice—

(a) containing particulars sufficient to identify the waters;

(b) stating that the Department proposes to develop those waters or, as the case may be, that the Department proposes to authorise their development in accordance with a scheme;

(c) indicating in a general manner the Department's proposals for such development or, as the case may be, the nature of the scheme;

(d) specifying, where the Department proposes to authorise such development in accordance with a scheme, the name and address of the approved developer who has submitted the scheme and the name and address of a place at which copies of the scheme may be inspected at reasonable times; and

(e) calling upon any person who claims any right of fishing in those waters or who objects to their development, to notify the Department of his claim, or of his objection and of the grounds thereof, within such period as may be specified in the notice, being a period expiring no earlier than 28 days from the date of the second notice so published.

(4) The Department shall serve a copy of any notice published under subsection (3) upon every person who appears to the Department to be an owner of land adjoining the waters in question.

(5) Where—

(a) a notice has been published under subsection (3) with respect to any waters; and

(b) any person notifies the Department of his claim to fishing rights in those waters or any part thereof and produces to the Department prima facie evidence of his title,

the Department shall not, with respect to those waters or, as the case may be, any such part thereof, take any further action under this section.

(6) Where—

(a) a notice has been published under subsection (3) with respect to any waters; and

(b) any person notifies the Department of his objection and of the grounds thereof,

the Department shall consider that objection unless, in its opinion, the objection is vexatious, frivolous or insubstantial.

(7) Nothing in subsection (5) or (6) shall prejudice the power of the Department to provide assistance under section 5 for the development or improvement of such waters for angling in accordance with a programme agreed upon under section 6 by the Department and such a person as is mentioned in either of those subsections, or any other power conferred by this Part.

(8) If, in relation to the waters referred to in a notice published by the Department under subsection (3) or in relation to any part of those waters—

(a) no claim to fishing rights is notified to the Department under subsection (5) or no objection is so notified under subsection (6); or

(b) all claims and objections so notified are withdrawn or disposed of;

the Department—

(i) may, in accordance with the proposals referred to in the notice, execute such works and do such things as the Department is by section 2(2) and (3) empowered to execute or do in the case of waters the fishing rights in respect of which are owned by the Department; or

(ii) may authorise the approved developer to implement the approved scheme.

(9) In relation to waters to which subsection (8) applies—

(a) the Department or, as the case may be, the approved developer may, to the exclusion of any other person, exercise in all respects the rights of the owner of a several fishery;

(b) the Department may, in particular, issue permits in respect of such waters in accordance with section 7A, or

(c) the approved developer may, in particular, issue to persons making application therefor permits for periods not exceeding one year authorising them to fish in any such waters, and charge such reasonable sums for the issue of such permits as the approved developer may determine.

(10) Where, under subsection (2), the Department undertakes the development of any waters for angling, those waters shall for the purposes of section 24(b) and of any provision of this Act relating to the protection of waters the fishing rights in which are owned by the Department be deemed to be such waters.

(11) Where, under subsection (2), the Department undertakes the development of any waters for angling, the Department may acquire by agreement any estate in land which the Department is satisfied it is expedient to acquire for the exploitation of those waters.

(12) In this section and in sections 3A and 4—

• “approved developer” means—

  (a)

  any person intending to develop any waters for angling, or

  (b)

  any body or association of persons established for or having among its objects such development;

  and approved by the Department for the purposes of this section;

• “scheme” means a scheme submitted to the Department under section 3A, and “approved scheme” means such a scheme which has been approved by the Department under that section; and

• “waters” include any part thereof.

(13) The Department shall not approve a developer for the purposes of this section unless it is satisfied that the development will provide—

(a) angling for members of the public or a section thereof, or

(b) angling associated with a catering establishment registered in a register maintained under paragraph (a), (b) or (c) of section 10(1) of the Development of Tourist Traffic Act (Northern Ireland) 1948.

(14) In this section (except subsection (7)) and in sections 3A and 4 references to the development of waters shall be construed as including references to the improvement, maintenance and management of waters.

(15) Nothing in this section shall be taken to prejudice the title of any person (including the Department) in relation to fishing rights in waters to which it applies.]

F1 1991 NI 13