[F1(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)While any such approval [F2is provisional, the Agency] may, after giving the applicant not less than 90 days’ notice of [F3its intention to do so, revoke the approval].
(3)Where [F4the Agency]revokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, [F5it] may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.
(4)[F6The Agency] may approve and certify any fish pass if [F7it] is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.
(5)Where a fish pass has received the approval of [F8the Agency], and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.
Textual Amendments
F1S. 11(1)(1A) substituted for s. 11(1) (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4Words in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F5Word in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6Words in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F7Word in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8Words in s. 11(5) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3