PART VIPROTECTION OF FISHERIES
Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish
F1[41Penalty for pollution.
(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.
(1A)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(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 theF6 Commission, upon making reasonable enquiries, is unable to ascertain the name and address of the owner,
may—
(i)
carry out such F7reinstatement 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 F8reinstatement 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 F9Part I of the Arbitration Act 1996.
(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 F10reinstatement carried out by theF6 Commission under subsection (3).
F6(6)
Subsection (5) applies in relation to any such right vested in the Commission.