OpenLegislation

Section 11 Minister’s consents and approvals for fish passes.

England and Wales

F1(1)

Any approval given by the F2appropriate agency to or in relation to a fish pass may, if in giving it the appropriate agency indicates that fact, be provisional until the appropriate agency notifies the applicant for approval that the pass is functioning to its satisfaction.

(1A)

The applicant for any such approval—

(a)

shall be liable to meet any costs incurred (whether by him or by the appropriate agency or any other person) for the purposes of, or otherwise in connection with, the performance of the appropriate agency's function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and

(b)

shall provide the appropriate agency with such information or assistance as it may require for the purpose of performing that function.

(2)

While any such approval F3is provisional, the appropriate agency may, after giving the applicant not less than 90 days’ notice of F4its intention to do so, revoke the approval.

(3)

Where F5the appropriate agencyrevokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, F6it may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.

(4)

F7The appropriate agency may approve and certify any fish pass if F8it is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.

(5)

Where a fish pass has received the approval of F9the appropriate agency, and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.

Annotations

Textual amendments

F1

S. 11(1)(1A) substituted for s. 11(1) (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2

Words in s. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 133 (with Sch. 7)

F3

Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4

Words in s. 11(2) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5

Words in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6

Word in s. 11(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F7

Words in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8

Word in s. 11(4) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F9

Words in s. 11(5) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 12(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3