Part II Obstructions to Passage of Fish
15F4Power of appropriate agency to use F1screensetc. to limit movements of salmon and trout.
1
F5The appropriate agency—
a
may cause a F1screen or F1screens of such form and dimensions as F7it may determine to be placed and maintained, at the F8expense of the appropriate agency, at a suitable place in any watercourse, mill race, cut, leat, conduit or other channel for conveying water for any purpose from any waters frequented by salmon or migratory trout; and
b
may cause any watercourse, mill race, cut, leat, conduit or other channel in which a F1screen is placed under this section to be widened or deepened at the F9expense of the appropriate agency so far as may be necessary to compensate for the diminution of any flow of water caused by the placing of the F1screen, or shall take some other means to prevent the flow of water being prejudicially diminished or otherwise injured.
2
If any person—
a
injures any such F1screen; or
b
c
opens any such F1screen improperly; or
d
permits any such F1screen to be injured, or removed, except as aforesaid, or improperly opened;
he shall be guilty of an offence.
3
4
Nothing in this section shall—
a
affect the liability under this Act of any person to place and maintain a F1screen; or
b
c
authorise any F1screen to be placed or maintained so as to obstruct any conduit or channel used for navigation or in any way interfere with the effective working of any mill;
and nothing in subsection (3) above shall F10authorise the appropriate agency prejudicially to interfere with water rights used or enjoyed for the purposes of manufacturing or for milling purposes or for drainage or navigation.
F35
In this section “ open ”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.