(1)For the purposes of this section “estuary limits” means limits which divide each river including its mouth or estuary from the sea.
(2)The estuary limits of a river shall be the limits fixed and defined—
(a)under section 6(1) of the 1862 Act; or
(b)under an estuary limits order made under subsection (3) below,
and, where no such limits have been fixed as provided for in the preceding paragraphs of this subsection, the estuary limits of a river shall be the natural limits which divide a river (including its estuary) from the sea.
(3)The Scottish Ministers may, in relation to any river, and whether or not any such limits have previously been fixed, by order (in this Act referred to as an “estuary limits order”) prescribe limits which shall be the estuary limits for that river.
(4)Paragraphs 3, 4 and [F19B] to 15 of schedule 1 to this Act shall have effect in relation to the making of an estuary limits order.
(5)Where the estuary limits of any river have been fixed, and after consulting such persons as they think fit, the Scottish Ministers may, by order, change a reference used in describing estuary limits where the suitability of that reference for that purpose has lessened or ceased; but such an order shall not be an estuary limits order.
Textual Amendments
F1Word in s. 36(4) substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 25(2)(c), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
Commencement Information
I1S. 36 in force at 1.4.2005 by S.S.I. 2005/174, art. 2