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Salmon and Freshwater Fisheries Act 1975

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Changes over time for: Cross Heading: Duty on licences

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Duty on licencesE+W

1(1)Subject to sub-paragraph (2) below, there shall be payable in respect of a fishing licence a duty fixed in accordance with this Schedule by [F1the appropriate agency].E+W

(2)[F2The appropriate agency] may [F3 in such cases as it considers appropriate ] grant an exemption from the duty.

2E+WDifferent duties may be fixed under paragraph 1 above for [F4 different descriptions of licence ] and different classes of licence holder.

Textual Amendments

3E+W[F5The appropriate agency] shall at least one month before fixing or altering a duty for the use of [F6 any licensable means of fishing ] in any part of [F7its] area, except a duty payable in respect of a temporary licence, publish in one or more newspapers circulating in that part of [F7its] area notice of [F7its] intention to do so [F8and such a notice shall set out the amount of any duty as proposed to be fixed or altered.]

4E+WIf during the month immediately following the publication of a notice under paragraph 3 above a written objection to the proposed duty is made to [F9 the appropriate national authority ] by any interested [F10person, the appropriate agency shall] not fix or alter the duty without the approval of [F11 that authority ].

5E+W[F12 The appropriate national authority ], with or without a local inquiry, may refuse to approve any duty [F13submitted by the appropriate agency for] [F14that authority's] approval under paragraph 4 above or may approve the duty with or without modifications; [F15and the appropriate agency, if so directed] by [F16 that authority ], shall cause notice of any proposed modification to be given in accordance with the direction.

[X16E+WNo duty fixed under the foregoing provisions of this Schedule shall take effect until the beginning of the year following that in which it is fixed or, in the case of a duty required to be approved by the Minister, in which it is approved by him.]

Editorial Information

X1Sch. 2 para. 6 beginning “Where the fixing” substituted for para. 6 beginning “No duty” (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(13)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[F176E+WWhere the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time.]

Textual Amendments

F17Sch. 2 para. 6 beginning “Where the fixing” substituted for para. 6 beginning “No duty” (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(13)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

7E+W[F18The appropriate agency] may grant a temporary licence, that is to say, a licence authorising the use of [F19 any licensable means of fishing ] for fishing in circumstances specified in the licence during a period not exceeding 14 days, and may charge in respect of that licence a duty less than the duty fixed for the use of [F20 that means ] under the foregoing provisions of this Schedule.

8E+WThere shall be payable in respect of a general licence such sum as may be [F21agreed by the appropriate agency and] the licensee.

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