Regulation 17 Eel screens

(1)

This regulation applies to—

(a)

any diversion structure capable of abstracting at least 20 cubic metres of water through any one point in any 24-hour period; and

(b)

any diversion structure returning water to a channel, bed or sea.

(2)

Before 1st January 2015, the F1appropriate agency may, by service of a notice, require a responsible person to place an eel screen in a diversion structure.

(3)

The notice may specify the dimensions and type of screen and where it is to be placed in the diversion structure.

(4)

On or after 1st January 2015, a responsible person must ensure an eel screen is placed in a diversion structure.

(5)

The appropriate agency may, by service of a notice—

(a)

exempt the responsible person from the requirement in paragraph (4); or

(b)

require the responsible person, at their own cost, to alter the dimensions (including mesh size) and the placement of any screen placed under paragraph (4) to those specified in the notice.

(6)

It is an offence to fail to comply with—

(a)

a notice served under paragraph (2) or (5)(b); or

(b)

paragraph (4).

Annotations

Textual amendments

F1: Words in reg. 17 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 359 (with Sch. 7)

Notes on Part 4

Modifications

C1: Pt. 4 excluded (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(7)(b) (with art. 3(8))
C2: Pt. 4 modified (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 8 para. 12
C3: Pt. 4 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 21 para. 8
C4: Pt. 4 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 7