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18.—(1) Subject to paragraph (6), the operator of every off-take shall ensure that a screen, which prevents salmon smolts from passing through it, is provided at its entrance or within it.
(2) Where the screen is situated within the off-take, the operator shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon smolts may return by as direct a route as practicable to the river from which they came.
(3) Where an off-take returns water to inland waters the operator shall ensure that a screen is provided at the downstream outlet which prevents adult salmon from entering the outlet of the off-take.
(4) A screen may be constructed in the form of a heck or grating or in the form of any device which prevents the passage through it of adult salmon or (as the case may be) salmon smolts.
(5) Any screen and any by-wash provided in accordance with this article shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon are not injured or damaged by it.
(6) This article shall not apply to–
(a)any off-take which conveys or channels water to ponds or pools and returns it directly to the river from which it was abstracted, provided that the passage of salmon through the off-take until return to the river is, at all times, unobstructed and the water is not subject to any process, contamination or disturbance which might cause injury or damage to the salmon; or
(b)overflow outlets or spillways used to discharge excess water from reservoirs.
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