Section 156 Acquisition of land etc. for fisheries purposes.

England and Wales

(1)

F1Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)F2or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the powers conferred on the Agency F3or, as the case may be, the NRBW, by F4those provisions and section 154 above include power to purchase or take on lease (either by agreement or, if so authorised, compulsorily)—

(a)

any dam, fishing weir, fishing mill dam, fixed engine or other artificial obstruction and any fishery attached to or worked in connection with any such obstruction;

(b)

so much of the bank adjoining a dam as may be necessary for making or maintaining a fish pass for the purposes of section 10 of the M1Salmon and Freshwater Fisheries Act 1975; and

(c)

for the purpose of erecting and working a fixed engine, any fishery land or foreshore together with any easement over any adjoining land necessary for securing access to the fishery land or foreshore so acquired.

(2)

Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency) F5or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the Agency F6or, as the case may be, the NRBW, may—

(a)

either alter or remove an obstruction acquired in the exercise of the powers mentioned in subsection (1) above; or

(b)

by itself or its lessees use or work in any lawful manner the obstruction for fishing purposes and exercise the right by any fishery so acquired,

subject, in the case of an obstruction or fishery acquired by way of lease, to the terms of the lease.

(3)

Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

Annotations

Textual amendments

F1: Words in s. 156(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 158 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2: Words in s. 156(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 280(2)(a) (with Sch. 7)
F3: Words in s. 156(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 280(2)(b) (with Sch. 7)
F4: Words in s. 156(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 280(2)(c) (with Sch. 7)
F5: Words in s. 156(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 280(3)(a) (with Sch. 7)
F6: Words in s. 156(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 280(3)(b) (with Sch. 7)

Marginal citations

M1: 1975 c. 51.

Notes on Part VII

Modifications

C1: Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Notes on Chapter I

Textual amendments

F1: Words in Pt. 7 Ch. 1 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 277 (with Sch. 7)