[F1(1)Any approval given by the [F2appropriate agency] to or in relation to a fish pass may, if in giving it the [F2appropriate agency] indicates that fact, be provisional until the [F2appropriate agency] notifies the applicant for approval that the pass is functioning to its satisfaction.
(1A)The applicant for any such approval—
(a)shall be liable to meet any costs incurred (whether by him or by the [F2appropriate agency] or any other person) for the purposes of, or otherwise in connection with, the performance of the [F2appropriate agency's] function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and
(b)shall provide the [F2appropriate agency] with such information or assistance as it may require for the purpose of performing that function.]
(2)While any such approval [F3is provisional, the [F2appropriate agency]] may, after giving the applicant not less than 90 days’ notice of [F4its intention to do so, revoke the approval].
(3)Where [F5the [F2appropriate agency]]revokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, [F6it] may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.
(4)[F7The [F2appropriate agency]] may approve and certify any fish pass if [F8it] is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.
(5)Where a fish pass has received the approval of [F9the [F2appropriate agency]], and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.
Textual Amendments
F1S. 11(1)(1A) substituted for s. 11(1) (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in s. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 133 (with Sch. 7)
F3Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F5Words in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6Word in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F7Words in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8Word in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F9Words in s. 11(5) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3