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Salmon and Freshwater Fisheries Act 1975
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Changes over time for: Section 6
Version Superseded: 01/01/2011
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- 01/02/1991- Amendment
- 01/12/1991- Amendment
- 01/04/1996- Amendment
- 01/04/1996
Point in time - 01/01/2011- Amendment
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6 Fixed engines. E+W
[F1(1)Any person who places or uses an unauthorised fixed engine in any inland or tidal waters [F2which are within the area of any water authority]] shall be guilty of an offence
(2)A person acting under directions to that effect given by the water authority F3 . . . may take possession of or destroy an engine placed or used in contravention of this section.
(3)In subsection (1) above “unauthorised fixed engine” means any fixed engine other than—
(a)a fixed engine certified in pursuance of the M1Salmon Fishery Act 1865 to be a privileged fixed engine; or
(b)a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage. [F4; or]
[F4(c)a fixed engine the placing and use of which is authorised by byelaws made by a water authority F5 . . . or by byelaws made by a local fisheries committee by virtue of section 37(2) of the Salmon Act 1986.][F6; or]
[F6(d)a fixed engine which is placed and used by [F7the Agency] with the consent of, or in accordance with a general authorisation given by, the Minister or the Secretary of State.]
Textual Amendments
F1S. 6(1) substituted by Salmon Act 1986 (c. 62, SIF 52:2), ss. 33(1), 43(4)
F2Words inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3, Sch. 1 para. 3
F3Words repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
F4S. 6(3)(c) and preceding word “or” inserted by Salmon Act 1986 (c. 62, SIF 52:2), ss. 33(1), 43(4)
F5Words in s. 6(3)(c) repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15(1))
F6S. 6(3)(d) and preceding word “or” inserted by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F7Words in s. 6(3)(d) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 8 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1S. 6 excluded by S.I. 1982/1420, arts. 4, 6 and by S.I. 1988/1668, art. 2(1)
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