Offences in connection with deposits and vegetation in riversE+W
90 Offences in connection with deposits and vegetation in rivers.E+W
(1)A person shall be guilty of an offence under this section if, without the consent of the [F1Agency], he—
(a)removes from any part of the bottom, channel or bed of any inland freshwaters a deposit accumulated by reason of any dam, weir or sluice holding back the waters; and
(b)does so by causing the deposit to be carried away in suspension in the waters.
(2)A person shall be guilty of an offence under this section if, without the consent of the [F1Agency], he—
(a)causes or permits a substantial amount of vegetation to be cut or uprooted in any inland freshwaters, or to be cut or uprooted so near to any such waters that it falls into them; and
(b)fails to take all reasonable steps to remove the vegetation from those waters.
(3)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(4)Nothing in subsection (1) above applies to anything done in the exercise of any power conferred by or under any enactment relating to land drainage, flood prevention or navigation.
(5)In giving a consent for the purposes of this section the [F1Agency] may make the consent subject to such conditions as it considers appropriate.
(6)The Secretary of State may by regulations provide that any reference to inland freshwaters in subsection (1) or (2) above shall be construed as including a reference to such coastal waters as may be prescribed.
Textual Amendments
F1Words in s. 90 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)