Explanatory note
(This note is not part of the Regulations)
These Regulations make provision for the construction and alteration of certain dams and lades, and the construction, alteration and use of screens and associated structures in off-takes.
The Regulations apply to dams in and off-takes from inland waters which ordinarily contain upstream migrating salmon (regulation 1(3)) but do not apply to certain dams or off-takes constructed, extended or operated for the supply or generation of electricity (regulation 1(4)(a)) or the provision of a water supply (regulation 1(4)(b)).
The Regulations come into force—
on 1st January 1995 for all dams or off-takes the construction of which commenced on or after that date (regulation 1(1));
on 1st January 1998 for all off-takes the construction of which commenced before 1st January 1995 (regulation 1(2)(a)); and
on 1st January 2000 for all dams the construction of which commenced before 1st January 1995 (regulation 1(2)(b)).
All dams the construction of which commenced on or after 1st January 1995, all mill dams constructed after 28th July 1865 and any portion of an earlier constructed mill dam which has been renewed or repaired after that date, require to be maintained watertight (regulation 3).
All dams which obstruct the passage of salmon require to be provided with a fish pass (regulation 4). “Fish pass” is defined in regulation 2.
A sluice requires to be provided in every lade (regulation 5).
A screen which prevents salmon smolts from passing through it requires to be fitted in every off-take (regulation 6) except off-takes which return water unobstructed to the same river or which are overflow outlets or spillways used to discharge excess water from reservoirs (regulation 6(6)).
Construction and installation required by these Regulations and any maintenance, must be carried out so as to ensure the minimum practicable interruption to the passage of salmon (regulation 7).
The existing byelaw relating to the construction and use of mill dams or lades, or water wheels (formerly enacted by section 10 of the Salmon Fisheries (Scotland) Act 1868 as Schedule G to that Act) is revoked (regulation 8) subject to its being retained in force—
until 1st January 1998 in relation to mill lades the construction of which commenced before 1st January 1995, and
until 1st January 2000 in relation to mill dams the construction of which commenced before 1st January 1995.
Breaches of these Regulations will be dealt with as offences under section 15 of the Salmon Fisheries (Scotland) Act 1868 punishable on summary conviction in accordance with section 6 of, and Schedule 2 to, the Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22) by a fine not exceeding level 4 on the standard scale.
The Compliance Cost Assessment relating to these Regulations is available in the library of each House of Parliament. A copy of it can be obtained from the Scottish Office Agriculture and Fisheries Department, Division K2, Room 408A, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW.