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46.(1) If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence. (2) If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence. (3) It shall be a good defence to a charge under subsection (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose. (4) Every person guilty of an offence under this section shall be liable [(a)on summary conviction to a fine not exceeding #500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment; (b)on conviction on indictment to a fine not exceeding #2,000 or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.] (5) Orders shall not be made under section 1 or section 5 of the Probation Act (Northern Ireland) 1950 in respect of any offence under this section.
© 1966 Crown Copyright
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