12 Power to prohibit deposit of shellfish. E+W+S
(1)The appropriate Minister may by order designate any waters to which this section applies, and prohibit the deposit in those waters of shellfish of any description, or of shellfish of a description specified in the order, being (in either case) shellfish taken (as the order may provide) either—
(a)from any shellfish bed outside the waters so designated, or
(b)from any shellfish bed in an area specified in the order.
(2)This section applies to the following waters, that is to say—
(a)all tidal waters (whether forming part of the sea or not) within the seaward limits of the territorial waters adjacent to [F1England and Wales] , and
(b)all inland waters from which, in the opinion of the appropriate Minister, diseases or pests carried by shellfish deposited in them may be conveyed into any such tidal waters as are mentioned in paragraph (a) above.
[F2(2A)Subsection (2) above has effect in relation to Scotland with the modification that in paragraph (a) for “adjacent to England and Wales” there is substituted “within the Scottish zone”.]
(3)An order under this section designating any waters may also designate any land adjacent to those waters, being land from which, in the opinion of the appropriate Minister, diseases or pests carried by shellfish deposited on it may be conveyed into those waters; and any prohibition imposed by the order on depositing shellfish in those waters shall apply also to depositing shellfish on that land.
[F3(3A)Where the appropriate Minister considers it desirable for the purpose of preventing the spread of diseases or pests carried by shellfish, an order under this section may also prohibit the taking from any waters or land designated by the order of shellfish of any description or of shellfish of a description specified in the order.]
(4)An order under this section may provide that [F4any prohibition] thereby imposed shall not apply to any shellfish if—
(a)they are deposited [F5or (as the case may be) taken] under the authority of a licence granted by the appropriate Minister, and
(b)the conditions (if any) specified in that licence are complied with.
(5)Where any person deposits any shellfish in any waters or on any land in contravention of an order under this section, and is convicted of an offence under this Act in respect of that contravention, the appropriate Minister shall have power to remove those shellfish from those waters or that land, and also to remove therefrom any other shellfish which, in his opinion, may have become affected by any disease or pest carried by the shellfish so deposited.
(6)The appropriate Minister may cause any shellfish removed under subsection (5) of this section to be disposed of (whether by destruction, sale or otherwise) as he may think fit, and shall be entitled to recover from the person convicted as mentioned in that subsection any expenses reasonably incurred by the appropriate Minister in removing the shellfish under that subsection, or in disposing of them under this subsection.
(7)For the purposes of this section a person shall be taken to deposit shellfish in any particular waters if he causes the shellfish to enter those waters; and any reference in this section to depositing shellfish on land includes a reference to throwing down, dropping or otherwise discharging the shellfish on that land.
(8)An order under this section may be varied or revoked by a subsequent order thereunder.
Textual Amendments
F1Words in s. 12(2)(a) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(6)(a); S.I. 1998/3178, art. 3
F2S. 12(2A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(6)(b); S.I. 1998/3178, art. 3
F3S. 12(3A) inserted by Diseases of Fish Act 1983 (c. 30, SIF 52:2), s. 6(1)
F4Words substituted by Diseases of Fish Act 1983 (c. 30, SIF 52:2), s. 6(2)
F5Words inserted by Diseases of Fish Act 1983 (c. 30, SIF 52:2), s. 6(2)
Modifications etc. (not altering text)
C1Ss. 9, 12 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 34