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Salmon and Freshwater Fisheries Act 1975

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This is the original version (as it was originally enacted).

28General powers and duties of water authorities and Minister

(1)It shall be the duty of every water authority—

(a)to maintain, improve and develop the salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries in the area for which they exercise functions under this Act;

(b)to establish advisory committees of persons who appear to them to be interested in any such fisheries in that area and consult them as to the manner in which the authority are to discharge their duty under paragraph (a) above.

(2)The duty to establish advisory committees imposed by paragraph (b) of section (1) above is a duty to establish a regional advisory committee for the whole of the area mentioned in paragraph (a) of that subsection and such local advisory committees as the water authority consider necessary to represent the interests referred to in paragraph (b) of that subsection in different parts of that area.

(3)Subject to subsection (4) below, the Minister may by statutory instrument make an order for the general regulation of the salmon, trout, freshwater and eel fisheries within an area defined by the order.

(4)An order under subsection (3) above shall not apply to any waters in respect of which the Minister has granted a licence under section 29 below.

(5)An order under subsection (3) above may amend or revoke any previous order made under that subsection or under section 38 of the [1923 c. 16.] Salmon and Freshwater Fisheries Act 1923 or any Act repealed by that Act.

(6)Schedule 3 to this Act shall have effect in relation to the Minister's power to make orders under subsection (3) above, to the powers of water authorities under this Act and to byelaws.

(7)Any person who contravenes or fails to comply with a byelaw shall be guilty of an offence.

(8)Section 36(3) of the [1973 c. 37.] Water Act 1973 and Schedule 7 to that Act (byelaw procedure) shall have effect in relation to byelaws under this Act.

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