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Diseases of Fish Act 1937

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2Provisions as to infected areas.

(1)If, at any time, the Minister is satisfied as respects any area that any waters therein are infected waters, he may by order declare the area to be an infected area and may, to such extent as he considers necessary for the purpose of preventing the spreading of infection, by the same or a subsequent order prohibit or regulate the transport of live fish, or of eggs of fish or of foodstuff for fish, from that area.

Any order made under this subsection shall be published in the prescribed manner and may be varied or revoked by a subsequent order made under this subsection, and if any person contravenes any provision of such an order, he shall be guilty of an offence,

(2)During a period of three months next after the commencement of this Act the powers of the Minister under the last foregoing subsection may be exercised with respect to any area as to which the Minister is satisfied that any waters therein have within the previous twelve months been infected waters.

(3)The occupier of any waters in an area declared by an order made under this section to be an infected area shall be entitled, on application, to be supplied by the Minister free of charge with a report of the evidence on which the order was made.

(4)Where an order is in force under this section declaring an area to be an infected area, the Minister may by notice in writing served on any occupier of any waters in that area give directions requiring him to take all practicable steps to secure the removal of dead or dying fish from the waters and regulating the manner in which any fish removed from the waters are to be disposed of:

Provided that no notice shall be served under this subsection in respect of waters in the district of a fishery board, not being a fish farm.

(5)If the Minister is satisfied that any direction contained in a notice served under this section has not been complied with within the time limited by the notice, he may authorise an inspector to carry out the direction, and any expenses reasonably incurred by the inspector in so doing shall be recoverable summarily as a civil debt by the Minister from the person upon whom the notice was served; and if any person does any act which is prohibited by such a notice, he shall be guilty of an offence unless he shows that he did not know that the act was so prohibited.

(6)Where an order is in force under this section declaring an area to be an infected area, the Minister, if he is satisfied that for the protection against disease of the stock of fish in any waters it is necessary so to do," may, by such a notice as aforesaid or otherwise in writing, authorise any occupier of any waters in that area to remove, notwithstanding anything in any agreement to the contrary, any fish from the waters and to do so by such agents and by such methods (including methods otherwise illegal) as the Minister considers to be most expedient for the purpose :

Provided that the powers conferred by this subsection shall not be exercised in respect of waters in the district of a fishery board, not being a fish farm.

(7)Where an occupier of any waters has in pursuance of an authority conferred under the last foregoing subsection removed any fish from any waters, he shall comply with any directions given to him by the Minister as to the manner in which those fish are to be disposed of, and, if he fails to comply with any such directions, he shall be guilty of an offence.

(8)Where any occupier of any waters in an area which is declared by an order in force under this section to be an infected area—

(a)has removed any dead or dying fish from those waters; or

(b)has removed any fish from those waters after a notice or authority has been served on or given to him under subsection (6) of this section,

he shall, within seven days or such longer time as the Minister may allow, notify the number of the fish so removed to the Minister, or, if the waters are in the district of a fishery board and are not a fish farm, to the fishery board.

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