Water Resources Act 1991

[F1 1 (1) In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below. E+W

(2) The circumstances are that—

(a) the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to—

(i) any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or

(ii) the marine or coastal, or aquatic or waterside, environment,

(b) the Agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so,

(c) the Agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and

(d) the event or the likelihood of the event could not reasonably have been foreseen.

(3) Schedule 26 to this Act (procedure relating to byelaws made by the Agency) does not apply in relation to an emergency fisheries byelaw.

(4) In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to—

(a) harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or to any features of archaeological or historic interest in such areas, or

(b) harm to flora or fauna which are dependent on or associated with the marine or coastal, or aquatic or waterside, environment.]

Textual Amendments

F1 Sch. 27 inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 225(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14