(1)Subject to subsection (3) below, unless permission in writing is [F1granted by the appropriate agency, any sluices] for drawing off the water which would otherwise flow over any dam in waters frequented by salmon or migratory trout shall be kept shut on Sundays and at all times when the water is not required for milling purposes, in such manner as to cause the water to flow through any fish pass in or connected with the dam or, if there is no such fish pass, over the dam.
(2)If any person fails to comply with this section, he shall be guilty of an offence.
(3)This section shall not prevent any person opening a sluice for the purpose of letting off water in cases of flood or for milling purposes or when necessary for the purpose of navigation or, subject to previous notice in writing being [F2given by the appropriate authority, for cleaning] or repairing the dam or mill or its appurtenances.
Textual Amendments
F1Words in s. 13(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 135(2) (with Sch. 7)
F2Words in s. 13(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 135(3) (with Sch. 7)