Water Resources Act 1991

212 Compensation in respect of certain fisheries byelaws. E+W

(1) Where—

(a) the owner or occupier of any fishery by notice to the [F1 Agency] claims that the fishery is injuriously affected by a byelaw made for any of the purposes specified in subsection (2) below; and

(b) that claim is made at any time before the end of twelve months after the confirmation of the byelaw,

[F2 the Agency may pay that person such amount by way of compensation as it considers appropriate.]

(2) The purposes mentioned in subsection (1)(a) above are the following purposes specified in paragraph 6(2) of Schedule 25 to this Act, that is to say—

(a) prohibiting the use for taking [F3 any fish to which paragraph 6 of that Schedule applies] of any instrument F4 ... in such waters and at such times as are prescribed by the byelaw;

(b) specifying the nets and other instruments F5 ... which may be used for taking [F6 any such fish] and imposing requirements as to the use of such nets and other instruments;

(c) imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

Textual Amendments

F1 Words in s. 212 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F2 Words in s. 212(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 227(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F3 Words in s. 212(2)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 23(2)(a)(i); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F4 Words in s. 212(2)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 23(2)(a)(ii), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

F5 Words in s. 212(2)(b) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 23(2)(b)(i), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

F6 Words in s. 212(2)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 23(2)(b)(ii); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F7 S. 212(3) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 227(3), 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 14, 27(b)