Article 17 Saving for fishery

The Commissioners shall not exercise the power to dredge conferred on them by article 16 (Power to dredge) of this Order within the fishery unless in their opinion it is essential to do so to secure the safety of navigation within the harbour and before exercising the said power within the fishery they shall consult the lessee of any part of the fishery which has been leased by the Commissioners under article 6 of the Wells Harbour Shell Fishery Order 1972 which is affected by the proposed dredging and shall carry out any dredging within the fishery in such manner as to do as little damage as possible to shellfish.

If the exercise by the Commissioners of their said power to dredge within the fishery causes damage to, or removes, any shellfish within part of the fishery which has been leased by the Commissioners as aforesaid the Commissioners shall pay the lessee such amount of compensation as may be agreed between the Commissioners and the lessee.