(1)[F3The appropriate agency—]
(a)may cause a [F2screen] or [F2screens] of such form and dimensions as [F4it] may determine to be placed and maintained, at the [F5expense of the appropriate agency, at a suitable] place in any watercourse, mill race, cut, leat, conduit or other channel for conveying water for any purpose from any waters frequented by salmon or migratory trout; and
(b)may cause any watercourse, mill race, cut, leat, conduit or other channel in which a [F2screen] is placed under this section to be widened or deepened at the [F6expense of the appropriate agency so far] as may be necessary to compensate for the diminution of any flow of water caused by the placing of the [F2screen], or shall take some other means to prevent the flow of water being prejudicially diminished or otherwise injured.
(2)If any person—
(a)injures any such [F2screen]; or
(b)removed any such [F2screen] or part of any such [F2screen], except during any period of the year during which under a byelaw [F2screens] need not be maintained; or
(c)opens any such [F2screen] improperly; or
(d)permits any such [F2screen] to be injured, or removed, except as aforesaid, or improperly opened;
he shall be guilty of an offence.
(3)[F7The appropriate agency] may adopt such means [F8as in its oppinion are necessary] for preventing the ingress of salmon or trout into waters in which they or their spawning beds or ova are, from the nature of the channel or other causes, liable to be destroyed.
(4)Nothing in this section shall—
(a)affect the liability under this Act of any person to place and maintain a [F2screen]; or
(b)authorise a [F2screen] to be so placed or maintained during any period of the year during which under a byelaw [F2screens] need not be maintained; or
(c)authorise any [F2screen] to be placed or maintained so as to obstruct any conduit or channel used for navigation or in any way interfere with the effective working of any mill;
and nothing in subsection (3) above shall [F9authorise the appropriate agency prejudicially] to interfere with water rights used or enjoyed for the purposes of manufacturing or for milling purposes or for drainage or navigation.
[F10(5) In this section “ open ”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus. ]
Textual Amendments
F1Words in s. 15 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(5) (with Sch. 7)
F2Word in s. 15 substituted (1.1.1999) by 1995 c. 25, s. 105, Sch. 15 para. 14(1) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 4
F3Words in s. 15(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(2)(a) (with Sch. 7)
F4Word in s. 15(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(2)(b)(i) (with Sch. 7)
F5Words in s. 15(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(2)(b)(ii) (with Sch. 7)
F6Words in s. 15(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(2)(c) (with Sch. 7)
F7Words in s. 15(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(3) (with Sch. 7)
F8Words in s. 15(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 14(3)(b)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F9Words in s. 15(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 137(4) (with Sch. 7)
F10S. 15(5) added (1.1.1999) by 1995 c. 25, s. 105, Sch. 15 para. 14(4) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 4