The Law Reports (Queen's Bench Division)
[2010] QB 163
Court of Appeal
Isle of Anglesey County Council and another
v
Welsh Ministers and others
[2009] EWCA Civ 94
2008 Nov 25,
26;
2009 Feb 20
2009 Feb 20
Pill, Carnwath, Lawrence Collins LJJ
Fishery— Several fishery— Mussel fishing— Rights of several mussel fishery granted by statutory instrument made under statute— Statutory instrument conferring exclusive rights on district fisheries committee— Committee granting leases for commercial mussel fishing— Whether personal rights— Whether capable of assignment or leasing— Whether statutory instrument ultra vires enabling Act— Whether preserving claimants’ common law right to build marina on foreshore and seabed within their ownership— Whether building of proposed marina on area used for protected commercial mussel fishing unlawful—
Sea Fisheries Act 1868 (31 & 32 Vict c 45), s 40
—
Sea Fisheries (Shellfish) Act 1967 (c 83), s 7(4) (as amended by Criminal Justice Act 1982 (c 48), ss 35, 38, 46 and Criminal Justice and Public Order Act 1994 (c 33), Sch 8, Pt I)
—
Menai Strait Oyster and Mussel Fishery Order 1962 (SI 1962/705)
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