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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Any person who—
(a)places a fixed engine in any inland or tidal waters; or
(b)uses an unauthorised fixed engine for taking or facilitating the taking of salmon or migratory trout or for detaining or obstructing the free passage of salmon or migratory trout in any such waters,
shall be guilty of an offence.
(2)A person acting under directions to that effect given by the water authority for the area may take possession of or destroy an engine placed or used in contravention of this section.
(3)In subsection (1) above " unauthorised fixed engine" means any fixed engine other than—
(a)a fixed engine certified in pursuance of the [1865 c. 121.] Salmon Fishery Act 1865 to be a privileged fixed engine ; or
(b)a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage.
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