Salmon and Freshwater Fisheries Act 1975

11 Minister’s consents and approvals for fish passes. E+W

[F1 (1) Any approval given by the [F2 appropriate agency] to or in relation to a fish pass may, if in giving it the [F2 appropriate agency] indicates that fact, be provisional until the [F2 appropriate 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 [F2 appropriate agency] or any other person) for the purposes of, or otherwise in connection with, the performance of the [F2 appropriate 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 [F2 appropriate agency] with such information or assistance as it may require for the purpose of performing that function.]

(2) While any such approval [F3 is provisional, the [F2 appropriate agency]] may, after giving the applicant not less than 90 days’ notice of [F4 its intention to do so, revoke the approval].

(3) Where [F5 the [F2 appropriate agency]]revokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, [F6 it] may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.

(4) [F7 The [F2 appropriate agency]] may approve and certify any fish pass if [F8 it] 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(5) Where a fish pass has received the approval of [F9 the [F2 appropriate agency]], and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in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

F1 S. 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

F2 Words in s. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 133 (with Sch. 7)

F3 Words 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

F4 Words 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

F5 Words 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

F6 Word 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

F7 Words 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

F8 Word 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

F9 Words 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