Fisheries Act, 1939

Restriction on erection of new weirs in fresh-water.

33.—(1) It shall not be lawful for any person (other than the Electricity Supply Board in respect of a weir erected for the capture of eels) to erect in the freshwater portion of any river or in any lake any weir or other fixed engine for the capture of fish.

(2) If any person erects a weir or other fixed engine in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Where any weir or other fixed engine is erected in contra vention of this section the Minister may cause such weir or other fixed engine to be demolished, and any expenses incurred by the Minister under this section shall be a debt due to the Minister by the occupier of such weir or other fixed engine and may be recovered as a simple contract debt in any court of competent jurisdiction.

(4) Where the Minister is entitled under this section to recover the amount of any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(5) Nothing in this section shall be construed as precluding the erection and use by the Minister of traps for the capture of fish for the purpose of artificial propagation.

(6) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than salmon, trout or eels.

(7) An offence under this section may be prosecuted by the Minister.