Sea Fisheries (Shellfish) Act 1967

JurisdictionUK Non-devolved
Citation1967 c. 83


Sea Fisheries (Shellfish)Act 1967

1967 CHAPTER 83

An Act to consolidate certain enactments relating to shellfish fisheries and shellfish, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[27th October 1967]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Fisheries for shellfish

Fisheries for shellfish

S-1 Power to make orders as to fisheries for shellfish.

1 Power to make orders as to fisheries for shellfish.

(1) Subject to the provisions of this section, the appropriate Minister may, on an application made to him in accordance with subsection (2) of this section, by order provide for the establishment or improvement, and for the maintenance and regulation, of a fishery for shellfish of any one or more of the following descriptions, that is to say, oysters, mussels and cockles, on any portion of the shore and bed of the sea, or of an estuary or tidal river, above or below, or partly above and partly below, low water mark and within so much of the exclusive fishery limits of the British Islands as is adjacent to Great Britain (which shore and bed are in this Act referred to as ‘the sea shore’) and, if desirable, for the constitution of a board or body corporate for the purposes of the order.

(2) An application for an order under this section shall be made in such form and manner as may be prescribed by regulations made by the appropriate Minister; and the provisions of Schedule 1 to this Act shall have effect in relation to the making of orders under this section.

(3) An order under this section may confer on such persons as may be specified in the order—

(a ) a right of several fishery with respect to the whole of the area of the fishery to which the order relates, or

(b ) a right of regulating a fishery with respect to the whole of that area, or

(c ) a right of several fishery with respect to such part of that area as may be specified by or under the order and a right of regulating a fishery with respect to the remainder,

but shall not confer either right for a longer period at one time than sixty years.

(4) An order under this section shall not be made with respect to any portion of the sea shore which belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or of the Duchy of Cornwall except with the appropriate consent, that is to say—

(a ) the consent of the Crown Estate Commissioners, or

(b ) the consent of the Chancellor of the Duchy of Lancaster in writing under his hand attested by the clerk of the Council of the Duchy, or

(c ) the consent of the Duke of Cornwall or the other persons for the time being empowered to dispose for any purpose of lands of the Duchy of Cornwall,

as the case may be.

(5) No order under this section shall take away or abridge any right of several fishery or any right on, to or over any portion of the sea shore, being a right enjoyed by any person under any local or special Act of Parliament or any Royal charter letters patent, prescription, or immemorial usage, except with the consent of that person.

(6) Any order made under this section may be varied by a subsequent order made thereunder; and the foregoing provisions of this section shall apply in relation to any such subsequent order and to an application for such an order as they apply in relation to an original order made under this section and to an application for such an order.

S-2 Effect of grant of right of several fishery.

2 Effect of grant of right of several fishery.

(1) Where an order under section 1 of this Act confers a right of several fishery, then, subject to any restrictions and exceptions contained in the order and to section 12 of this Act, the grantees shall have within the limits of the fishery, or of that part of the fishery within which the right is exercisable, the exclusive right of depositing, propagating, dredging, fishing for and taking shellfish of any description to which the order applies, and in the exercise of that right may within those limits—

(a ) make and maintain beds for such shellfish,

(b ) at any season collect such shellfish and remove them from place to place and deposit them as and where the grantees think fit;

(c ) do all other things which the grantees think proper for obtaining, storing and disposing of the produce of their fishery.

(2) In this section ‘the grantees’ means the persons for the time being entitled to the right of several fishery conferred by the order under the said section 1.

S-3 Effect of grant of right of regulating a fishery.

3 Effect of grant of right of regulating a fishery.

(1) Where an order under section 1 of this Act confers on the grantees a right of regulating a fishery for any specified description of shellfish and imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of any specified description of shellfish within the limits of the regulated fishery, or of that part of the fishery within which the right is exercisable, or imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of that fishery or part, then, subject to any restrictions and exceptions contained in the order and to section 12 of this Act, the grantees shall have power to do all or any of the following things, namely—

(a ) to carry into effect and enforce any such restrictions and regulations;

(b ) to levy any such tolls or royalties;

(c ) to provide for depositing and propagating shellfish of any description to which the order applies within those limits and for improving and cultivating the regulated fishery or regulated part, as the case may be.

(2) Subject to the provisions of section 4 of this Act, all such restrictions, regulations, tolls and royalties as aforesaid shall be imposed on and apply to all persons equally, and shall be for the benefit of the regulated fishery or part only, and any such tolls and royalties shall be applied in the improvement and cultivation of that fishery or part.

(3) Any person who dredges, fishes for or takes shellfish of any description to which any such order applies in contravention of any such restriction or regulation, or without paying any such toll or royalty, as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding 20 and to forfeit all such shellfish so taken or, if they have been sold, a sum equal to their value; and any shellfish or sum so forfeited shall be recoverable in like manner as a fine.

(4) The court by which any...

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