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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 53

53.(1) Where in a river natural obstructions of any kind prevent or impede the
free passage of fish, the Ministry may, on the application of any person
interested in a fishery in the river or of the Board, authorise the
construction of works or the making of alterations in the bed of the river so
as to secure the free passage of fish at all times, if the Ministry is
satisfied that such construction or alterations will not impair the effective
working power of any mill or the drainage of any lands.

(2) Any works constructed or alterations made under subsection (1) shall be
executed in accordance with plans, sections and specifications approved by
the Ministry.

(3) Subject to subsection (6), the cost of any work or alterations authorised
under subsection (1) shall be borne by the person on whose application the
authorisation is given.

(4) Where, under subsection (1), the Ministry authorises the construction of
works or the making of alterations in the bed of a river, the Ministry may, by
agreement with the person on whose application the authorisation is given,
cause the works or alterations so authorised to be executed.

(5) For the purposes of the execution of any works or alterations in pursuance
of an agreement made under subsection (4), the Ministry may, in so far as is
reasonably necessary for or incidental to those purposes, do such of the
things referred to in Schedule 2 to the Drainage Act (Northern Ireland) 1947
(clearing, widening, deepening, etc., of water courses) as are appropriate
thereto, and in the doing thereof may to the like extent exercise any power
which is exercisable by it under that Act as extended by any other enactment,
other than a power of acquiring land compulsorily.

(6) Section 13 of the Drainage Act (Northern Ireland) 1964 (power of Ministry
to contribute to cost of works) shall have effect with respect to works or
alterations executed under this section in like manner as it has effect with
respect to works executed under section 12 of that Act, and as if after the
reference therein to the said section 12 there were inserted a reference to
this section.

(7) Where the execution of any works or alterations in pursuance of an
authorisation given under subsection (1) results in damage or injury to any
person, that person may recover compensation from the person on whose
application the authorisation was given.

S.53A (inserted by 1968 c.31 (NI) s.3) rep. by 1973 NI 1 art.45 sch.10

© 1966 Crown Copyright

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