No. 4/1954:

SALMON CONSERVANCY FUND ACT, 1954

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Levy on export of salmon.

3 Rate of export levy.

4 Levy on salmon rod licences.

5 Salmon Conservancy Fund.

6 Payment out of Fund.

7 Grants and advances to Fund out of Exchequer.

8 Account of Fund.

9 Records and returns.

10 Expenses.

11 Short title.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SALMON CONSERVANCY FUND IN AID OF BOARDS OF CONSERVATORS AND FOR THE IMPOSITION, FOR THIS PURPOSE, OF LEVIES ON EXPORTERS OF SALMON AND HOLDERS OF SALMON ROD LICENCES AND TO PROVIDE FOR THE PAYMENT INTO THE FUND OF GRANTS AND ADVANCES OUT OF THE EXCHEQUER AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[3rd March, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Fund" means, the Salmon Conservancy Fund established under section 5;

"the Minister" means the Minister for Agriculture;

"prescribed" means prescribed by regulations made by the Minister;

"salmon" does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish.

(2) The Fisheries Acts, 1842 to 1953, and this Act shall be construed as one.

2.—(1) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.

(2) The Minister may, after consultation with the Minister for Finance, by order revoke an order under subsection (1).

3.—(1) The Minister may from time to time, after consultation with the Minister for Finance, prescribe the rate of levy to be paid on salmon for export and the manner, of payment.

(2) Different rates of levy may be prescribed for different periods.

(3) Subject to subsection (4), the rate of levy shall not exceed twopence per lb.

(4) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding twopence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.

4.—(1) The Minister may from time to time, after consultation with the Minister for Finance, by order provide that in addition to the licence duty on single salmon rod licences there shall be paid to the appropriate Board of Conservators on application for the licence a specified amount by way of levy which shall not exceed one-half of the licence duty.

(2) So long as an order under subsection (1) is in force the Fisheries Acts, 1842 to 1953, shall be construed as if the rate of licence duty were increased by the amount of the levy and no salmon rod licence shall be issued unless the levy is paid.

(3) The Minister may, after consultation with the Minister for Finance, by order revoke an order under subsection (1).

(4) This section does not apply in relation to a single salmon rod licence for a calendar year where the applicant already holds a like licence for another district or to the reduced rate of licence duty payable in such a case.

5.—(1) The Minister shall establish and maintain a fund to be known as the Salmon Conservancy Fund.

(2) Each Board of Conservators and every other person collecting levy under this Act shall, as soon as may be, pay to the Minister for the credit of the Fund all sums so collected.

6.—(1) The Minister may pay out of the Fund such, sums as he thinks proper to supplement the income of any Board of Conservators whose income in any year appears to him to be insufficient to defray the expenses of the Board in the performance of its functions

(2) The Minister shall pay out of the Fund the costs of administration of the Fund and all payments due in respect of advances to the Fund under section 7.

7.—(1) The Minister may, from time to time, with the consent of the Minister for Finance pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under section 6.

(2) Payments into the Fund under this section may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.

8.—An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

9.—(1) The Minister may make regulations requiring persons by whom levy is payable under this Act or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.

(2) Any person who contravenes, whether by act or omission, any regulation made under this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

10.—The expenses incurred by the Minister in the administration of this Act and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11.—This Act may be cited as the Salmon Conservancy Fund Act, 1954 .