The Eels (England and Wales) Regulations 2009

Eel passes

14.—(1) This regulation applies where the Agency determines that the passage of eels is impeded or likely to be impeded by—

(a) a dam or obstruction in or near waters to which these Regulations apply;

(b) any works notified to the Agency under regulation 12; or

(c) any obstruction notified to the Agency under regulation 13.

(2) The Agency may, by service of a notice, require a responsible person, at their own cost, to—

(a) construct an eel pass;

(b) make alterations to an existing eel or fish pass;

(c) operate an existing eel pass in accordance with any conditions stated in the notice;

(d) remove an obstruction; or

(e) take any other action specified in the notice.

(3) The notice—

(a) may not require anything that interferes with any statutory right of navigation;

(b) may require the responsible person to submit plans for an eel pass or for alterations to an existing eel pass or fish pass to the Agency for approval;

(c) must give the date by which such plans must be submitted;

(d) may require the construction of an eel pass, or alterations to an existing eel or fish pass, to be carried out in accordance with plans approved by the Agency.

(4) The Agency may, by service of a further notice, require the responsible person—

(a) to operate any eel pass constructed or altered, or any fish pass altered, under this regulation in accordance with any conditions stated in the notice;

(b) to make any alterations to an eel pass constructed or altered or to any fish pass altered under this regulation.

(5) Failure to comply with a notice served under paragraph (2) or (4) is an offence.