Arterial Drainage Act, 1945
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Restrictions on the erection, alteration, etc., of weirs. |
47.—(1) It shall not be lawful for any person (other than the Electricity Supply Board), without or otherwise than in accordance with the consent of the Commissioners to erect, enlarge or alter any weir or other like construction in a watercourse where such erection, enlargement or alteration might cause flooding of any land unless— | |
(a) such erection, enlargement or alteration is made in compliance with an order made or a notice served by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939), or | ||
(b) such land is in the occupation of such person, or | ||
(c) such land is in the occupation of other persons who have assented to such erection, enlargement or alteration. | ||
(2) When the Commissioners consent to the erection, enlargement, or alteration of a weir or other like construction, they may attach to such consent such conditions and restrictions as they think proper, and such conditions and restrictions shall be deemed to be part of such consent. | ||
(3) The following provisions shall apply and have effect in relation to consents by the Commissioners under the foregoing provisions of this section, that is to say:— | ||
(a) no such consent shall be given and no condition or restriction shall be attached to any such consent save after consultation with the Minister for Agriculture; | ||
(b) no such consent, condition, or restriction shall be contrary to or inconsistent with an order made or notice served under the Fisheries Act, 1939 (No. 17 of 1939), and for the time being in force; | ||
(c) no such consent shall operate to relieve the grantee thereof from compliance with the Fisheries Acts, 1842 to 1944. | ||
(4) If any person erects, enlarges, or alters a weir in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with a further fine not exceeding five pounds for every day during which such erection, enlargement, or alteration or any part thereof is maintained. |