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Restriction on erection of fishing weirs, fishing mill dams or fixed engines in fresh water portion of rivers.
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99.—(1) It shall not be lawful for any person to erect in the freshwater portion of any river or lake any fishing weir, fishing mill dam or fixed engine.
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(2) If any person erects a fishing weir, fishing mill dam or 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.
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(3) Where any fishing weir, fishing mill dam or fixed engine is erected in contravention of this section the Minister may cause such fishing weir, fishing mill dam or fixed engine to be demolished, and any expenses incurred by the Minister under this subsection shall be a debt due to the Minister by the occupier of such fishing weir, fishing mill dam or fixed engine and may be recovered as a simple contract debt in any court of competent jurisdiction.
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(4) 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.
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(5) The Minister may, if he thinks fit, by order authorise a named person to erect, in accordance with plans approved by the Minister, at a specified place in the freshwater portion of a specified river or lake, a specified kind of fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels.
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(6) Nothing in this section shall apply to—
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(a) the erection by the Electricity Supply Board of—
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(i) a fishing weir for the capture of eels, or
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(ii) a fishing weir in exercise of the powers conferred on the said Board by section 101, or
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(b) the erection, by a person authorised by an order made under subsection (5) of this section to erect a specified kind of fishing engine (being a fishing weir, a fishing mill dam or fixed engine) for the capture of eels, of that kind of fishing engine under and in accordance with such order.
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