Environment Act 1995

12 (1) In section 11 of that Act (Minister’s consents and approvals for fish passes) for subsection (1) there shall be substituted— E+W+S

“(1) Any approval given by the Agency to or in relation to a fish pass may, if in giving it the Agency indicates that fact, be provisional until the Agency notifies the applicant for approval that the pass is functioning to its satisfaction.

(1A) The applicant for any such approval—

(a) shall be liable to meet any costs incurred (whether by him or by the Agency or any other person) for the purposes of, or otherwise in connection with, the performance of the Agency’s function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and

(b) shall provide the Agency with such information or assistance as it may require for the purpose of performing that function.”

(2) In subsection (2) of that section (Minister’s power to revoke approval or consent while still provisional)—

(a) for the words “or consent is provisional, the Minister” there shall be substituted the words “ is provisional, the Agency ”; and

(b) for the words from “his intention” onwards there shall be substituted the words “ its intention to do so, revoke the approval ”.

(3) In subsection (3) of that section (Minister’s power, when revoking provisional approval, to extend period for making fish pass)—

(a) for the words “the Minister” there shall be substituted the words “ the Agency ”; and

(b) for the word “he” there shall be substituted the word “ it ”.

(4) In subsection (4) of that section (Minister’s power to approve and certify fish pass if he is of the opinion that it is efficient)—

(a) for the words “The Minister” there shall be substituted the words “ The Agency ”; and

(b) for the word “he” there shall be substituted the word “ it ”.

(5) In subsection (5) of that section (fish passes approved by the Minister deemed to be in conformity with the Act) for the words “the Minister” there shall be substituted the words “ the Agency ”.