Dáil Éireann Debate, Wednesday - 21 April 2021
724. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage the body responsible for co-ordination and enforcement of legislation in relation to magnet fishing; and if he will make a statement on the matter. [19067/21]
View answerWaterways Ireland manages the Royal Canal, Grand Canal, Barrow Line and Barrow Navigation under the provisions of the Canals Act 1986 (Bye Laws) 1988 (Statutory Instrument No 247 / 1988). The Canals Act 1986 and the Heritage Act 2018 provide primary legislation empowering Waterways Ireland to make Bye Laws regarding the management of these waterways.
Bye Law 38(s) of the Canals Act 1986 (Bye Laws) 1988 (Statutory Instrument No 247 / 1988) states that: “No person shall remove any sand, gravel or other material from the canal property without the permission of the Commissioners”.
Waterways Ireland manages the Shannon Navigation and Shannon Erne Waterway under the provisions of the Shannon Navigation Bye Laws 1992 as amended. The Shannon Navigation Act 1990 provides primary legislation empowering Waterways Ireland to make Bye Laws regarding the management of these waterways.
Bye Law 28 (k) of the Shannon Navigation Bye Laws 1992 states that: “A person shall not remove any sand, gravel or other material from the navigation without the permission of the Commissioners”.
The Bye Laws do not expressly prohibit magnet fishing, however, the Bye Laws do prohibit the removal of any material without the permission of Waterways Ireland. Waterways Ireland is a statutory body that enforces the Bye Laws on its waterways.
It should also be noted that the provisions of the National Monuments Acts also apply here is so far as this is germane to metal detecting.
