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Number 40 of 2001
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FISHERIES (AMENDMENT) ACT, 2001
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ARRANGEMENT OF SECTIONS
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Section
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1.
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Definition.
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2.
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Amendment of section 3 of Act of 1997.
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3.
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Amendment of section 23 of Act of 1997.
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4.
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Amendment of section 24(4) of Act of 1997.
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5.
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New sections 35A to 35D of Act of 1997.
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6.
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Amendment of section 30(1) of Act of 1997.
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7.
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Amendment of section 31 of Act of 1997.
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8.
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Amendment of section 33(2) of Act of 1997.
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9.
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Amendment of section 34(1) of Act of 1997.
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10.
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Amendment of section 40 of Act of 1997.
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11.
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Amendment of section 57 of Act of 1997.
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12.
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New section 57A of Act of 1997.
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13.
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Amendment of section 59 of Act of 1997.
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14.
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Confirmation of fees payable to Minister in respect of certain fish culture and aquaculture licences.
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15.
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Short title, collective citation and construction.
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Acts Referred to
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European Parliament Elections Act, 1997
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1997, No. 2
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Fisheries Act, 1980
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1980, No. 1
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Fisheries Acts, 1959 to 2000
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Fisheries (Amendment) Act, 1997
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1997, No. 23
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Fisheries and Foreshore (Amendment) Act, 1998
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1998, No. 54
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Fisheries (Consolidation) Act, 1959
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1959, No. 14
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Local Government Act, 1941
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1941, No. 23
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Number 40 of 2001
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FISHERIES (AMENDMENT) ACT, 2001
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AN ACT TO AMEND AND EXTEND THE FISHERIES (AMENDMENT) ACT, 1997, TO CONFIRM FEES PAYABLE TO THE MINISTER FOR THE MARINE AND NATURAL RESOURCES IN RESPECT OF CERTAIN FISH CULTURE AND AQUACULTURE LICENCES AND FOR RELATED PURPOSES. [27th November, 2001]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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Definition.
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1.—In this Act “Act of 1997” means the Fisheries (Amendment) Act, 1997 (as amended and extended by the Fisheries and Foreshore (Amendment) Act, 1998 ).
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Amendment of section 3 of Act of 1997.
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2.—Section 3 of the Act of 1997 is amended by the insertion after the definition of “licensing authority” of the following definition:
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“‘local authority’ means a local authority for the purposes of the Local Government Act, 1941 ;”.
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Amendment of section 23 of Act of 1997.
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3.—Section 23 of the Act of 1997 is amended by the insertion after subsection (1) of the following subsection:
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“(1A) A person who is, for the time being—
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(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
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(b) a member of the European Parliament, or
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(c) a member of a local authority,
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shall be disqualified from being appointed as the Chairperson or member of the Board.”.
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Amendment of section 24(4) of Act of 1997.
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4.—Section 24(4) of the Act of 1997 is amended by the substitution of the following for paragraph (c):
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“(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to that Parliament to fill a vacancy, or
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(d) becomes a member of a local authority.”.
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New sections 35A to 35D of Act of 1997.
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5.—The Act of 1997 is amended by the insertion of the following after section 35:
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“Employees of Board.
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35A.—(1) The Board shall appoint such and so many persons to be employees to the Board as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of those employees, from time to time considers appropriate.
(2) The Board may employ a person in a part-time capacity to be remunerated by the payment of fees in such amounts as the Board may, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determine.
(3) An employee of the Board holds his or her employment on such terms and conditions as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines.
(4) There shall be paid by the Board to its employees out of moneys at its disposal such remuneration and allowances as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines.
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Superannuation of employees of Board.
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35B.—(1) The Board shall prepare and submit to the Minister for his or her approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such whole-time employees of the Board as it considers appropriate.
(2) The Board may, at any time, prepare and submit to the Minister a scheme amending a scheme under this section.
(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the consent of the Minister for Finance, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister, with such consent, thinks proper.
(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.
(5) A scheme approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(6) If a dispute arises as to the claim of a person to, or the amount of, a pension, gratuity or other allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(7) Every scheme approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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Provision of services by Minister to Board and Board to Minister.
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35C.—(1) For the purpose of enabling the Board to perform its functions, the Minister may provide services (including services of staff) to the Board, on such terms and conditions (including payment for such services) as may be agreed, and the Board may avail itself of such services.
(2) The Board may provide services...
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