Foyle Fisheries Act (Northern Ireland) 1952

58 General powers. N.I.

(1) An authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things—

(a) enter into and pass through or along [F1 or remain on] the banks or borders of any rivers frequented by salmon or trout or of the tributaries thereof,

(b) with boats or otherwise enter upon any such rivers,

(c) enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such rivers,

(d) enter any boat which has been or is engaged or is about to engage in fishing,

(e) examine all standing, floating or other nets whatsoever,

(f) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,

[F2 (ff) seize any equipment (of whatever nature) which has been, or is being, used for facilitating the unlawful taking of any fish;]

(g) do all such other acts and things as he is authorised to do by or under this Act.

[F3 (1A) An officer of the Commission exercising any power under this Act may be accompanied and assisted by—

(a) an officer of the Department; or

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) Without prejudice to subsection (1)(a), an authorised person other than a private river watcher may for the purpose of preventing or detecting the commission of any offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle.

(1C) Where by virtue of subsection (1B) an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction.

(1D) An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it.]

(2) Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling-house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage.

F1 1968 c. 31 (NI)

F2 S. 58(1)(ff) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(1) (with art. 32); S.R. 2008/232, art. 2, Sch.

F3 S. 58(1A)-(1D) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 22 (with art. 32); S.R. 2008/232, art. 2, Sch.

F4 S. 58(1A)(b)(c) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 17 (with art. 9(2))