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Foyle Fisheries Act (Northern Ireland) 1952

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F1[41Penalty for pollution.N.I.

(1)F2. . . If any person causes or knowingly permits any deleterious matter to enter any river he shall be guilty of an offence against this Act and shall be liable

[F3(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.]

(1A)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(3)Where a person (in this section referred to as “the person convicted”) has been convicted of an offence under subsection (1), the Commission]

(a)after consulting the owner of the fishing rights in the waters affected by the pollution; or

(b)without such consultation if the[F6 Commission], upon making reasonable enquiries, is unable to ascertain the name and address of the owner,

may—

(i)carry out such [F7reinstatement] of the waters as is reasonable in the circumstances, and

(ii)recover the cost thereof from the person convicted.

(4)Any question as to—

(a)the reasonableness of any [F8reinstatement] to be undertaken under paragraph (i) of subsection (3); or

(b)the costs to be recoverable under paragraph (ii) of that subsection,

shall be referred to arbitration under and in accordance with the provisions of [F9Part I of the Arbitration Act 1996].

(5)Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any [F10reinstatement] carried out by the[F6 Commission] under subsection (3).

[F6(6)Subsection (5) applies in relation to any such right vested in the Commission.]

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