Paragraph 7 I1
England and Wales
The undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.
If by reason of—
the construction of any specified work; or
the failure of any such work,
damage to the fishery is caused, or the F1Natural Resources Body for Wales has reason to expect that such damage may be caused, the Natural Resources Body for Wales may serve notice on the undertaker 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.
Subject to paragraph 8, if, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the NNatural Resources Body for Wales of any damage or expected damage to the fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Natural Resources Body for Wales may take those steps and may recover from the undertaker the expense reasonably incurred by it in doing so.
Subject to paragraph 8, in any case where immediate action by the Natural Resources Body for Wales is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Natural Resources Body for Wales may take such steps as are reasonable for the purpose, and may recover from the undertaker the reasonable cost of so doing provided that a notice specifying those steps is served on the undertaker as soon as is reasonably practicable after the Natural Resources Body for Wales has taken, or commenced to take, the steps specified in the notice.
Annotations
Textual amendments
- F1
Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 63 (with Sch. 7)
Commencement
- I1
Sch. 4 para. 7 in force at 27.8.2010, see art. 1(1)