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(1)Without prejudice to section 1(1) of the [1937 c. 33.] Diseases of Fish Act 1937 and subject to subsection (2) below, the Minister may by order forbid either absolutely or except under a licence granted under this section, the import into, or the keeping or the release, in any part of England and Wales of live fish, or the live eggs of fish, of a species which is not native to England and Wales and which in the opinion of the Minister might compete with, displace, prey on or harm the habitat of any freshwater fish, shellfish or salmon in England and Wales.
(2)Before determining whether or not to make an order under this section, the Minister shall consult the Nature Conservancy Council and any other person with whom the Minister considers that consultation is appropriate.
(3)The Minister may, subject to such conditions as he thinks fit, grant a licence to any person to import or keep live fish, or the live eggs of fish, of a species specified in an order under this section and the Minister may revoke or vary any such licence.
(4)An order under this section may, with the consent of the Treasury, authorise the making of a charge for a licence under this section and shall specify a maximum charge.
(5)The power conferred by this section to make orders shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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