FISHERIES ACT (NORTHERN IRELAND) 1966

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 59



59.(1) Where a watercourse to which this section applies carries water from a
[river] [or lake]

(a)there shall be placed, at the points where the watercourse diverges from
and returns to the river [or lake], gratings extending across the whole width
of the watercourse and from the bottom of the bed or sill thereof to the level
of the highest flood waters;

(b)the space between the bars of every such grating shall not exceed two
inches in any place;

(c)during the months of March, April and May and at any other time when the
fry of salmon or trout are descending the river [or lake], there shall be
placed over the entire surface of every such grating a wire lattice of such
dimensions as to effectually prevent the admission of fry or small fish into
the watercourse;

(d)every such grating and such wire lattice shall be securely fixed in a
permanent manner so as to prevent its being removed or opened, and shall be
kept in constant repair.

(2) If, in respect of any watercourse to which this section applies (other
than a watercourse in relation to which an exemption granted by the Ministry
under subsection (4) is for the time being in force), the provisions of
subsection (1) are not complied with, the owner or occupier of any premises to
which the watercourse leads, or any other person who made, uses or has the
care or maintenance of the watercourse, shall be guilty of an offence, ....

(3) Without prejudice to subsection (2), if any person

(a)injures any grating or wire lattice placed in pursuance of subsection (1);
or

(b)removes any such grating or lattice or part thereof, except, in the case of
a lattice, during any period of the year during which such a lattice need not
be maintained; or

(c)opens any such grating or lattice improperly; or

(d)permits any such grating or lattice to be injured or removed (except as is
mentioned in paragraph (b)) or improperly opened;

(4) If in respect of a watercourse to which this section applies,

(a)the Ministry is satisfied that sufficient arrangements will be made by
means other than those specified in subsection (1) to prevent the admission of
fish or fry into the watercourse, and that, having regard to those
arrangements, exemption should be granted from the obligations imposed by
subsection (1); or

(b)where the watercourse is a watercourse constructed for the purpose of
conveying water as a motive power for machinery, it is proved to the
satisfaction of the Ministry that exemption during any period from the
obligations imposed by subsection (1) is necessary for the effective working
of the machinery,

(5) Where an exemption has been granted under subsection (4) the Ministry may
at any time

(a)revoke the exemption; or

(b)vary or revoke any condition for the time being attaching to the exemption;
or

(c)attach any condition or any further condition to the exception;

(6) This section applies to any watercourse conveying water for the supply of
towns, for the irrigation of land, as motive power for machinery, or for any
purpose other than the supply of water for navigation ....

(7) In this section "fry" in relation to salmon includes parr and smolts [and
"watercourse" includes any pipe, culvert or other device].

S.60 rep. by 1973 NI 2 art.60(2) sch.4

Interpretation of Part IV.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 59