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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 58

58.(1) The following provisions shall apply in relation to every mill which
derives its supply of water from a [river]:

(a)if there is a fish pass in the dam belonging to the mill, or if the dam is
a weir and is not provided with a channel such as is mentioned in paragraph
(b), the mill sluices and the waste gates or over-falls shall be kept shut

(i)for twenty-four consecutive hours in each week between the hour of six
o'clock on Saturday afternoon and six o'clock on the next-following Monday
morning; and

(ii)during any other period when the mill is not being worked;

(b)if there is no fish pass in the dam belonging to the mill and if the waste
gate on the upstream side of the mill sluices is erected in a channel suitable
for the passage of fish, the mill sluices shall be kept shut and the waste
gate kept open during the periods specified in sub-paragraphs (i) and (ii) of
paragraph (a).

(2) If the provisions of paragraph (a) or paragraph (b) of subsection (1) are
not complied with, the occupier of the mill shall be guilty of an offence ....

(3) Where the occupier of a mill is charged with an offence under this
section, it shall be a good defence to prove that compliance with paragraph
(a) or paragraph (b) (whichever is applicable) of subsection (1) would have
injuriously interfered with the machinery or water power of the mill.

(4) In this section "mill sluices" means the sluices which admit water to a
mill.

Gratings to be set in watercourses diverted from rivers or lakes to prevent
entry therein of fish.

© 1966 Crown Copyright

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