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Development of derelict waters for angling. 3.(1) Where the Ministry is of the opinion that any inland waters should be developed for angling and where the person who is entitled to any fishing rights in those waters is unknown or cannot be found, the Ministry may undertake the development or improvement of those waters for angling in accordance with the provisions of this section. (2) Before undertaking the development or improvement of any waters in pursuance of subsection (1), the Ministry shall on at least two occasions and at intervals of not less than fourteen days publish in one or more than one newspaper circulating in the locality where the waters are situated a notice (a)containing particulars sufficient to identify the waters; (b)stating that the Ministry proposes so to develop or improve those waters; (c)indicating in a general manner the Ministry's proposals for such development or improvement; and (d)calling upon any person who claims any right of fishing in those waters to notify the Ministry of his claim within such period as may be specified in the notice, being a period expiring not earlier than twenty-eight days from the date of the second notice so published. (3) Where (a)a notice has been published under [subsection (2)] with respect to any waters; and (b)any person notifies the Ministry of his claim to fishing rights in those waters or any part thereof and produces to the Ministry prima facie evidence of his title, (4) If in relation to the waters referred to in a notice published by the Ministry under subsection (2), or any part of those waters, (a)no claim to fishing rights is notified to the Ministry under subsection (3); or (b)all claims so notified are withdrawn or disposed of; (5) For the purposes of section 24(b) and of any provision of this Act relating to the protection of waters the fishing rights in which are owned by the Ministry, waters to which subsection (4) applies shall be deemed to be waters such as are first-mentioned; and in relation to waters to which that subsection applies the Ministry may, to the exclusion of any other person, exercise the rights of the owner of a several fishery, and may, in particular, issue to persons making application therefor permits for periods not exceeding one year authorising them to fish in any such waters, and charge such reasonable sums for the issue of such permits as may be approved by the Ministry of Finance, in all respects as if those rights were rights of the Ministry.
© 1966 Crown Copyright
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