Fisheries (Amendment) Act, 1962
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Penalty for use or possession of deleterious matter. |
16.—The following section is hereby substituted for section 164 of the Principal Act: | |
“164. (1) If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence under this section. | ||
(2) If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence under this section. | ||
(3) It shall be a good defence to a charge under subsection (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose. | ||
(4) Every person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment, | ||
(b) on conviction on indictment, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||
(5) Subsection (1) of section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to an offence under this section. | ||
(6) Where a person is convicted of an offence under this section any deleterious matter found in his possession or control in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.” |