The Fisheries (Amendment) (Northern Ireland) Order 1991

SCHEDULES

Article 25(3).

SCHEDULE 1 PROVISIONS TO BE INSERTED AS SCHEDULE 5A TO PRINCIPAL ACT

Section 170A(1) and (2).

“SCHEDULE 5A RENEWAL OF APPOINTMENTS OF PRIVATE WATER BAILIFFS

1.   Where any person (in this Schedule referred to as “the applicant”) intends to renew the appointment of a private water bailiff, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed by regulations, on—

(a) the clerk of petty sessions,

(b) the Department, and

(c) the Board.

2.   Where the Department or the Board objects to the renewal of the appointment of a private water bailiff, it shall, within 21 days of receiving a notice under paragraph 1, notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.

3.   Where, within the time specified in paragraph 2, the clerk of petty sessions has received no notice of an objection under that paragraph, he shall confirm the appointment and endorse the instrument of appointment to that effect.

4.— (1) Where the Department or the Board notifies (or both notify) the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the court for confirmation of the renewal of the appointment.

(2) Subsections (3) and (4) of section 170 shall apply to an application to the court under sub-paragraph (1) in the same manner as they apply to an application under subsection (2) of that section.

5.   In this Schedule—

• “the applicant” has the meaning given in paragraph 1;

• “the court” means a court of summary jurisdiction sitting for the petty sessions district (or any such district where there is more than one) within which the private water bailiff is appointed to act and “clerk of petty sessions” shall be construed accordingly.”.

Article 34(2).

SCHEDULE 2 AMENDMENTS OF FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952

1.  In section 13 of the Foyle Fisheries Act (Northern Ireland) 1952(1) (regulations), after subsection (5) insert the following subsections—

“(5A) Nothing in regulations made under paragraph (f) of subsection (1) shall make it an offence for a person, who is not the holder of a licence issued by the Commission, to fish lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11 of the Fisheries Act (Northern Ireland) 1966.

(5B) In subsection (5A) “production pond” means a pond—

(a) used for the artificial propagation and culture of fish; and

(b) designated for the purposes of this subsection as a production pond in a fish culture licence granted under the said section 11.”.

2.  In section 41 of that Act (penalty for pollution)—

(a) after subsection (2) there shall be added the subsections set out in Article 11, but with the substitution for any reference to the Board of a reference to the Commission; and

(b) after those subsections there shall be added the following subsection—

“(6) Subsection (5) applies in relation to any such right vested in the Commission.”.

3.  In section 74 of that Act (forfeiture of licences), in subsection (4) omit the words from “and, notwithstanding” onwards.

Article 35(1).

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

The Fisheries Act (Northern Ireland) 1966 (c. 17)

1.  In section 26(2) (restriction of the Board’s power to make byelaws), at the beginning insert “Except in relation to registers to be kept under section 120,”.

2.  In section 83(1) (offence of fishing in or near or obstructing free gap), in paragraph (b) for the words “fifty yards” substitute “45.5 metres”.

3.  In section 88(2) (persons excluded in relation to offence of taking salmon or trout unlawfully killed or found dead), after paragraph (f) add the following—

“or

(g) any private water bailiff appointed to protect those waters.”.

4.  In section 112 (restriction on purchase of salmon, trout and eels)—

(a) in subsection (2)(bb) after “statement” insert “and keeps it at the premises in which he carries on the business”; and

(b) in subsection (6), for paragraph (c) substitute—

“(c) an inspector or fishery conservation officer appointed by the Board.”.

5.  In sections 114 and 115 (granting and renewal of licences), in paragraph (b) of subsection (1) of each section, for the words from “of” to “other fee” substitute “of such amount”.

6.  In section 132(2) (procedure relating to applications for shell-fish fishery licences)—

(a) in sub-paragraph (ii) of paragraph (a) for the words “as to the expediency of granting the licence” substitute “by the Appeals Commission for the purpose of considering those objections”;

(b) omit sub-paragraph (iii) of that paragraph and the word “and” immediately preceding that sub-paragraph;

(c) omit paragraph (b);

(d) in paragraph (c) for the words from “it shall” onwards substitute—

“or grants the licence subject to conditions—

(i) the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(ii) the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.”.

7.  In section 133 (form, conditions, duration and variation of shell-fish fishery licences)—

(a) in subsection (5) for the words “subsection (6)” substitute “subsections (5A) and (6)”; and

(b) after that subsection insert the following subsection—

“(5A) Where the Department varies a licence under subsection (5) (a)—

(a) the Department shall give to the applicant a written notification of the reasons for the variation; and

(b) the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.”.

8.  In section 166(1) (definitions for the purposes of Part IX)—

(a) in the definition of “authorised person” after the word “means” insert the words “(except where otherwise provided)”; and

(b) in the definition of “officer of the Board” after the word “means” insert the words “the Chief Executive of the Board or,”.

9.  In section 168 (restriction on powers of officers of the Board to enter on lands or waters), at the end of subsection (2) add the following words “or rights of an owner or occupier of land or waters with whom the Board has entered into an agreement under section 25(3)(cc)”.

10.  In section 200 (forfeiture of licences), in subsection (5) omit the words from “and, notwithstanding” onwards.

11.  In section 206 (general interpretation)—

(a) in subsection (1)—

(i) insert the following definition at the appropriate place in alphabetical order—

• ““the Appeals Commission” has the meaning given in section 11A(3);”, and

(ii) in paragraph (b) of the definition of “fixed engine”, at the end add the words “or a handline”; and

(b) in subsection (5) for the words from “dried” onwards substitute the words “preserved by drying, smoking, cooking or canning”.

12.  In Schedule 5 at the end add the words “This appointment expires on the [] day of []”.

The Diseases of Fish Act (Northern Ireland) 1967 (c. 7)

13.  In section 3(1)(a) omit the words “frozen or”.

Article 35(2).

SCHEDULE 4 REPEALS

Chapter or Number	Short Title	Extent of repeal
1952 c. 5 (N.I.).	The Foyle Fisheries Act (Northern Ireland) 1952.	In section 74(4), the words from “and, notwithstanding” onwards.
1966 c. 17 (N.I.).	The Fisheries Act (Northern Ireland) 1966.	In section 54(5) the words from “and may recover” onwards.
		In Section 62(4), in paragraphs (a) and (b) the words “gaff or”.
		In section 132(2)— (a) sub paragraph (iii) of paragraph (a) and the word “and” immediately preceding the sub-paragraph; (b) paragraph (b).
		In section 198(1), the words from “before” to “was forfeited”.
		In section 200(5) the words from “and, notwithsatnding” onwards.
1967 c. 7 (N.I.)	The Diseases of Fish Act (Northern Ireland) 1967.	In section 3(1)(a) the words “frozen or”.
1982 NI 9.	The Land Compensation (Northern Ireland) Order 1982.	In Schedule 2, paragraph 12.

(1)

1952 c. 5 (N.I.)