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Version Superseded: 01/06/2008
Point in time view as at 01/04/2007. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Foyle Fisheries Act (Northern Ireland) 1952, Section 41.
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(1)F2. . . If any person causes or knowingly permits any deleterious matter to enter any river he shall be guilty of an offence against this Act and shall be liable
[F3(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.]
[F3(1A)If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued.]
(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(3)Where a person (in this section referred to as “the person convicted”) has been convicted of an offence under subsection (1), the Commission]
(a)after consulting the owner of the fishing rights in the waters affected by the pollution; or
(b)without such consultation if the[F5 Commission], upon making reasonable enquiries, is unable to ascertain the name and address of the owner,
may—
(i)carry out such restocking to restore the fish population of the waters as is reasonable in the circumstances, and
(ii)recover the cost thereof from the person convicted.
(4)Any question as to—
(a)the reasonableness of any restocking to be undertaken under paragraph (i) of subsection (3); or
(b)the costs to be recoverable under paragraph (ii) of that subsection,
shall be referred to arbitration under and in accordance with the provisions of the Arbitration Act (Northern Ireland) 1937.
(5)Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any restocking carried out by the[F5 Commission] under subsection (3).
[F5(6)Subsection (5) applies in relation to any such right vested in the Commission.]
F2Words in s. 41(1) repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308, Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
F4S. 41(2) repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308, Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
Modifications etc. (not altering text)
C1S. 41 restricted by Water (Northern Ireland) Order 1999 (S.I. 1999/662 (N.I. 6)), art. 10(a) (as substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 281(1) (with arts. 8(8), 121(3), 307)); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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