A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

Salmon and Freshwater Fisheries Act 1975 Chapter 51

An Act to consolidate the Salmon and Freshwater Fisheries Act 1923 and certain other enactments relating to salmon and freshwater fisheries, and to repeal certain obsolete enactments relating to such fisheries.

[1st August 19751]

This Act comprises the following six Parts:
I. Prohibition of certain modes of taking or destroying fish etc.
II. Obstructions to passage of fish
III. Times of fishing and selling and exporting fish
IV. Fishing licences
V. Administration and enforcement
VI. Miscellaneous and supplementary.

Sections 4 and 5, from Part I, relating to pollution and the prohibition of the use of noxious substances and other matters, and sections 39 and 43, from Part VI, relating to border rivers and extent, are reproduced below.


PART I: Prohibition of Certain Modes of Taking or Destroying Fish, etc.

Poisonous matter and polluting effluent

4.(1) Subject to subsection (2) below, any person who causes or knowingly permits to flow, or puts or knowingly permits to be put, into any waters containing fish or into any tributaries or waters containing fish, any liquid or solid matter to such an extent as to cause the waters to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish, shall be guilty of an offence2,3.

(2) A person shall not be guilty of an offence under subsection (1) above for any act done in the exercise of any right to which he is by law entitled or in continuance of a method in use in connection with the same premises before 18th July 1923, if he proves to the satisfaction of the court

____________________
1
This Act came into force on 1 August 1975: S. 43(4).
2
S. 37 and sch. 4, pt. I, as amended by the Magistrates' Courts Act 1980, s. 32(2), provide that the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of an offence under this section is:

on summary conviction, the prescribed sum and £40 for each day on which the offence continues after a conviction thereof, on indictment, two years or a fine or both.

The current prescribed sum is £5,000: Criminal Justice Act 1991 (c. 53), s. 17(2).

3
The Water Consolidation (Consequential Provisions) Act 1991 (c. 60), s. 2(1), sch. 1, para. 30(1) provides that: A person shall not be guilty of an offence under s. 4 of this Act in respect of any entry of matter into any controlled waters (within the meaning of Part III of the Water Resources Act 1991) which occurs--
a. under and in accordance with a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or
b. (b) as a result of any act or omission under and in accordance with such a consent.

-67-

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