OpenLegislation

Paragraph 7 I1

England, Wales and Scotland

(1)

Without prejudice to the other provisions of this Schedule, DLRL shall take all such measures as may be reasonably practicable to prevent any interruption in the passage of fish during the construction of any specified work.

(2)

If by reason of—

(a)

the construction of any specified work, or

(b)

the failure of any such work,

damage to the fishery is caused, or the Agency has reasonable grounds to believe to expect that such damage shall be caused, the Agency may serve notice on DLRL requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

(3)

If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to the fishery, DLRL fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from DLRL the expense reasonably incurred by it in doing so.

Annotations

Commencement

I1

Sch. 12 para. 7 in force at 25.11.2005, see art. 1