Fisheries (Amendment) Act, 1953

Protection of waters from pollution.

5.—(1) In this section—

“deleterious matter” means any explosive or any substance which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish; spawning grounds or the food of any fish;

“waters” means any river, lake, watercourse, estuary or any part of the sea coast.

(2) Any person who—

(a) uses in any waters any deleterious matter for the capture, destruction or injury of fish, or

(b) has in his possession or control on the bank of or near any waters any deleterious matter with intent to use it in the capture, destruction or injury of fish,

shall be guilty of an offence.

(3) Any person who—

(a) steeps in any waters any flax or hemp, or

(b) throws, empties, permits or causes to fall into any waters any deleterious matter,

shall, unless such act is done under and in accordance with a licence granted by the Minister under this section, be guilty of an offence.

(4) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5) On conviction of a person for an offence under this section the substance (being deleterious matter found in his possession or control or flax or hemp found in a river or lake) in respect of which the offence was committed shall as a statutory consequence of conviction stand forfeited.

(6) The Minister, after consultation with the Minister for Industry and Commerce or (in the case of a licence to be granted to a sanitary authority in relation to a sewerage scheme) with the Minister for Local Government, may grant licences for the purposes of this section, may attach conditions to any licence, and may after like consultation revoke any licence.

(7) Section 36 of Fisheries (Ireland) Act, 1850, and section 7 of Fisheries Act, 1924 (No. 6 of 1924) are hereby repealed.