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Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

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This is the original version (as it was originally enacted).

29Exemption from certain offences in respect of certain acts in relation to salmon

(1)A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Scottish Ministers.

(2)The Scottish Ministers may exempt an act or omission under subsection (1) above only if they are satisfied that—

(a)the proprietor of every affected salmon fishery in the salmon fishery district in which the act or omission is to take place, being a salmon fishery entered in the valuation roll; and

(b)if there is one, the district salmon fishery board for that district,

have previously consented to it.

(3)In subsection (2) above “affected” means appearing to the Scottish Ministers to be likely to be affected by the exemption.

(4)An exemption under this section—

(a)may relate only to such person as may be specified in it;

(b)may be subject to such conditions as may be so specified;

(c)shall be in writing;

(d)shall specify—

(i)the limits of the waters to which it relates;

(ii)its duration; and

(iii)the enactment to which it relates.

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