Paragraph 12 Protection for Fish and FisheriesI1

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 authorised project work—

If by reason of—

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency 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.

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 a fishery, the undertaker fails to take such steps as are described in paragraph 12(2), the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as is reasonably practicable after the Agency has taken, or commenced to take the steps specified in the notice.