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Construction of fish passes in dams in rivers. 54.(1) Where a dam is constructed in a [river], a fish pass sufficient to permit the free passage through the dam of salmon, trout and eels at all times shall be provided and maintained by the owner of the dam. (2) Subsection (1) shall not apply so as to require the provision of a fish pass in conjunction with a dam erected before 10th August 1842 unless [(a)the dam is rebuilt, reinstated or heightened after the commencement of the Fisheries (Amendment) Act (Northern Ireland) 1968, or <(b)]xtf1lf40lf40lf40lf4001in the case of a dam with respect to which an order is made under subsection (2), by the person on whose application the order is made; and (b)in any other case, by the owner of the dam. (5) Where in contravention of subsection (1) the owner of a dam does not provide a fish pass in conjunction with that dam, the Ministry may by notice in writing require him to do so, and if he fails to comply with the notice within any reasonable period specified therein the Ministry may cause a fish pass to be constructed and may recover from the person liable under subsection (4) any expenses reasonably incurred in executing the works undertaken for that purpose. (6) If any owner of a dam fails to provide such a fish pass as he is required by this section to provide, or, where such a fish pass has been provided (whether by him or not), fails to maintain it in an efficient state, he shall be guilty of an offence.
© 1966 Crown Copyright
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