Fisheries (Consolidation) Act, 1959

Provisions in relation to mill-dam fisheries.

216.—(1) The following provisions shall have effect in relation to any mill-dam fishery vested in the Minister under Chapter II of this Part, and to the fishing mill-dam by means of part of which such fishery is carried on:—

(a) so long as the Minister makes no alteration, other than repairs to casual defects in those parts of the structure of such dam essential to the carrying on of such fishery, he shall not be liable for any part of the cost of maintaining the mill-dam;

(b) any authorised person shall have a right of free access to such fishery and such right shall extend if necessary to the mill, power-house or other premises adjacent to or connected with such mill-dam, but if the owner or occupier of such mill, power-house or premises offers to the Minister facilities for other reasonable means of access, the Minister shall accept such facilities in lieu of such first mentioned right of access, and shall carry out such works as may be necessary to render the same effective;

(c) the Minister may erect such walls, fences or other structures as he thinks necessary for the protection of such fishery against trespass in such situation as he may require, but where any such walls, fences or other structures may interfere with the access of the owner or occupier to such mill-dam, the Minister shall provide such owner or occupier with the necessary means of getting through or over them;

(d) if the mill, power-house or premises which such mill dam is intended to serve becomes vacant, or if the water impounded by such mill-dam ceases to be used for power purposes, either partly or wholly, the Minister shall nevertheless continue to be entitled to use such fishery, and the provisions of section 117 shall apply.

(2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 twenty pounds.

(3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.