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27 1949

FISHERIES (STATUTE LAW REVISION) ACT, 1949

PART VIII.

Miscellaneous Provisions in relation to Salmon and Freshwater Fisheries.

Penalty for failure to comply with section 21 (1) of the Act of 1925.

27. —If any person, who is the holder of a licence or a renewal of a licence issued under section 17 of the Act of 1925 or section 44 of the Act of 1939, fails to comply with subsection (1) of section 21 of the Act of 1925, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Amendment of section 70 of the Act of 1842.

28. —Section 70 of the Act of 1842 is hereby amended by the deletion of the words “save the proprietor of a several fishery, or any person duly authorised by him in writing, within the limits thereof”.

Protection of waters from pollution.

29. —(1) In this section—

the expression “deleterious matter” means any deleterious or poisonous matter;

the expression “deleterious liquid” means any deleterious or poisonous liquid or washings or drainage from any deleterious or poisonous matter;

the word “waters” means any river, lake or watercourse.

(2) Where any receptacle used for containing or conveying any deleterious matter is within thirty yards of any waters—

(a) the owner of that receptacle shall provide and maintain such means (in this subsection referred to as suitable means) as will effectively prevent the passage of any deleterious liquid from that receptacle into such waters,

(b) if the owner thereof fails to carry out the duty imposed on him by paragraph (a) of this subsection, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day during which such failure continues,

(c) where the Minister is satisfied that suitable means have been provided in relation to that receptacle, he may, on the application of the owner thereof, issue to him a certificate (which shall remain in force for such period as may be specified therein) and such certificate shall specify the suitable means and the manner in which they are to be used,

(d) if—

(i) the owner thereof is charged with an offence under this section in relation to that receptacle, and

(ii) he proves that a certificate in respect of that receptacle was issued under paragraph (c) of this subsection and that since the issue of the certificate the suitable means specified therein remained available and had been used in the manner specified therein, and

(iii) the certificate was in force on the date on which the offence is alleged to have been committed,

then, the charge shall be dismissed.

Amendment section 38 of the Act of 1939.

30. —Where—

(a) a person is charged with an offence under section 38 of the Act of 1939 in relation to a salmon or trout, and

(b) such person proves that the salmon or trout was caught by rod and line at a particular place and at a particular time, and

(c) the capture of salmon or trout by rod and line in that place and at that time was lawful,

the charge against such person shall be dismissed.