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Water Resources Act 1991 (c. 57)(The document as of February, 2008) Page 20 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20
(a) not being a sink, bath or shower bath, is designed to permit polluting matter to pass into the water where the vessel is situated; and (b) is prescribed for the purposes of this paragraph. Byelaws for flood defence and drainage purposes5 (1) The Authority may make such byelaws in relation to any particular locality or localities as it considers necessary for securing the efficient working of any drainage system including the proper defence of any land against sea or tidal water. (2) Without prejudice to the generality of sub-paragraph (1) above and subject to sub-paragraph (3) below, the Authority may, in particular, make byelaws for any of the following purposes, that is to say-- (a) regulating the use and preventing the improper use of any watercourses, banks or works vested in the Authority or under its control or for preserving any such watercourses, banks or works from damage or destruction; (b) regulating the opening of sluices and flood gates in connection with any such works as are mentioned in paragraph (a) above; (c) preventing the obstruction of any watercourse vested in the Authority or under its control by the discharge into it of any liquid or solid matter or by reason of any such matter being allowed to flow or fall into it; (d) compelling the persons having control of any watercourse vested in the Authority or under its control, or of any watercourse flowing into any such watercourse, to cut the vegetable growths in or on the bank of the watercourse and, when cut, to remove them. (3) No byelaw for any purpose specified in sub-paragraph (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes. (4) Notwithstanding anything in this Act, no byelaw made by the Authority under this paragraph shall conflict with or interfere with the operation of any byelaw made by a navigation authority, harbour authority or conservancy authority. (5) In this paragraph "banks" and "watercourse" have the same meanings as in Part IV of this Act. Byelaws for purposes of fisheries functions6 (1) The Authority shall have power, in relation to any part or parts of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of-- (a) the better execution of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975; and (b) the better protection, preservation and improvement of any salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries. (2) Subject to paragraph 7(1) below, the Authority shall have power, in relation to any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say-- (a) prohibiting the taking or removal from any water, without lawful authority, of any fish, whether alive or dead; (b) prohibiting or regulating-- (i) the taking of trout or any freshwater fish of a size less than such as may be prescribed by the byelaw; or (ii) the taking of fish by any means within such distance as is specified in the byelaw above or below any dam or any other obstruction, whether artificial or natural; (c) prohibiting the use for taking salmon, trout, or freshwater fish of any instrument (not being a fixed engine) in such waters and at such times as may be prescribed by the byelaws; (d) specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels, imposing requirements as to the use of such nets and other instruments and regulating the use, in connection with fishing with rod and line, of any lure or bait specified in the byelaw; (e) authorising the placing and use of fixed engines at such places, at such times and in such manner as may be prescribed by the byelaws; (f) imposing requirements as to the construction, design, material and dimensions of any such nets, instruments or engines as are mentioned in paragraphs (d) and (e) above, including in the case of nets the size of mesh; (g) requiring and regulating the attachment to licensed nets and instruments of marks, labels or numbers, or the painting of marks or numbers or the affixing of labels or numbers to boats, coracles or other vessels used in fishing; (h) prohibiting the carrying in any boat or vessel whilst being used in fishing for salmon or trout of any net which is not licensed, or which is without the mark, label or number prescribed by the byelaws; and (i) prohibiting or regulating the carrying in a boat or vessel during the annual close season for salmon of a net capable of taking salmon, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose. (3) Subject to the provisions of Schedule 1 to the Salmon and Freshwater Fisheries Act 1975 (duty to make byelaws about close season), the Authority shall have power, in relation to any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say-- (a) fixing or altering any such close season or close time as is mentioned in paragraph 3 of that Schedule; (b) dispensing with a close season for freshwater fish or rainbow trout; (c) determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained; (d) prohibiting or regulating fishing with rod and line between the end of the first hour after sunset on any day and the beginning of the last hour before sunrise on the following morning; (e) determining the time during which it shall be lawful to use a gaff in connection with fishing with rod and line for salmon or migratory trout; (f) authorising fishing with rod and line for eels during the annual close season for freshwater fish. (4) Subject to paragraph 7(2) below, the Authority shall have power, in relation to any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of regulating the deposit or discharge in any waters containing fish of any liquid or solid matter specified in the byelaw which is detrimental to salmon, trout or freshwater fish, or the spawn or food of fish. (5) The Authority shall have power, in relation to any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of requiring persons to send to the Authority returns, in such form, giving such particulars and at such times as may be specified in the byelaws-- (a) of the period or periods during which they have fished for salmon, trout, freshwater fish or eels, (b) of whether they have taken any; and (c) if they have, of what they have taken. (6) Byelaws made under this paragraph may be made to apply to the whole or any part or parts of the year. (7) Expressions used in this paragraph and in the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 have the same meanings in this paragraph as in that Act. Restrictions on powers to make byelaws for fisheries purposes7 (1) The Authority shall not make any byelaws by virtue of paragraph 6(2)(e) above in relation to any place within the sea fisheries district of a local fisheries committee except with the consent of that committee. (2) The Authority shall not make byelaws by virtue of paragraph 6(4) above so as to prejudice any powers of a sewerage undertaker to discharge sewage in pursuance of any power given by a public general Act, a local Act or a provisional order confirmed by Parliament. Section 210. SCHEDULE 26 Procedure relating to Byelaws made by the AuthorityConfirmation of byelaws1 (1) No byelaw made by the Authority shall have effect until confirmed by the relevant Minister under this Schedule. (2) At least one month before it applies for the confirmation of any byelaw, the Authority shall-- (a) cause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; and (b) cause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned. (3) For at least one month before an application is made by the Authority for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the Authority, including (if there is one) at an office in the area to which the byelaw would apply. (4) The Authority shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above. (5) Every person shall be entitled, on application to the Authority, to be furnished free of charge with a printed copy of a byelaw so deposited. Confirmation with or without modifications2 (1) Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the Authority for confirmation under this Schedule, or may confirm the byelaw either without or, if the Authority consents, with modifications. (2) The Authority shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions. (3) A byelaw made by the Authority under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if-- (a) no written objection to its confirmation has been received by the relevant Minister; (b) every objection to its confirmation which has been so received has been withdrawn; or (c) in the opinion of that Minister the person making the objection has no material interest in the controlled waters to which the byelaw relates; and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words "if the Authority consents" of the words "after consultation with the Authority" . Commencement of byelaw3 (1) The relevant Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force. (2) If no date is so fixed in relation to a byelaw, it shall come into force at the end of the period of one month beginning with the date of confirmation. Availability of confirmed byelaws4 (1) Every byelaw made by the Authority and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the Authority, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge. (2) Every person shall be entitled, on application to the Authority and on payment of such reasonable sum as the Authority may determine, to be furnished with a copy of any byelaw so deposited by the Authority. Revocation of byelaws5 If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may-- (a) after giving notice to the Authority and considering any representations or objections made by the Authority; and (b) if required by the Authority, after holding a local inquiry, revoke that byelaw. Proof of byelaws6 The production of a printed copy of a byelaw purporting to be made by the Authority upon which is indorsed a certificate, purporting to be signed on its behalf, stating-- (a) that the byelaw was made by the Authority; (b) that the copy is a true copy of the byelaw; (c) that on a specified date the byelaw was confirmed under this Schedule; and (d) the date, if any, fixed under paragraph 3 above for the coming into force of the byelaw, shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate. Meaning of "the relevant Minister"7 In this Schedule "the relevant Minister"-- (a) in relation to byelaws which-- (i) are made by virtue of paragraph 5 of Schedule 25 to this Act or by virtue of section 136(8) of the [1989 c. 15.] Water Act 1989 as read with the savings in paragraphs 1 and 5 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 (transfer of land drainage functions under local statutory provisions); and (ii) have effect in the area of a regional flood defence committee the whole or the greater part of whose area is in England, means the Minister; (b) in relation to byelaws made by virtue of paragraph 6 of that Schedule 25 or by virtue of any provision amended by Schedule 17 to the Water Act 1989 (fisheries functions of the Authority), means the Secretary of State or the Minister; and (c) in relation to any other byelaws, means the Secretary of State. Table of DerivationsNotes:1 The following abbreviations are used in this Table:--
2 Transfer of functions orders ("TFOs"), where applicable in relation to a provision re-enacted in the Bill, are specified at the appropriate place in column 2 of the Table. 3 General provisions contained in section 32 of the Magistrates' Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table. Provision of Act Derivation
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