SIMON
FACT
SHEET NUMBER 8
DEALING
WITH THE AUTHORITIES
Running a fishery has the potential to bring you into contact with a
range of authorities that regulate activities in and around water.
1. THE ENVIRONMENT
AGENCY
The most likely body you will have to deal with
is the Environment Agency who is responsible for a range of functions. So far as fisheries are concerned, the
EA are the licensing authority for all stockings and removals of fish. They also license rod fishing and
commercial netting.
Section 30 of the Salmon and Freshwater
Fisheries Act 1975 makes it an offence to introduce fish to inland waters
without a consent. Also byelaws
under section 28 of the Act prohibit removal of fish by netting without a consent. For more detailed information on these
consents see Fact Sheet 4 - Stocking Consents.
The
EA also regulates discharges into and abstraction and impoundment from lakes
and rivers. The Water Resources Act
1991 created a regime in relation to abstraction and discharges and legislation
has been amended by the Environment Act 1995 and the Water Act 2003. Any abstraction of water above a modest
limit requires a licence from the EA who can impose conditions on that licence. Also if you want to impound water on a
one-off basis to fill a pond for example, that may also need a licence.
For
fisheries that rely on abstraction to maintain water levels or new fisheries
requiring an abstraction or impounding licence, applications need to be made to
the EA. The EA also regulates
discharges into the aquatic environment.
Most discharges of effluent to water courses require the consent of the
EA who again can impose conditions relating to those discharges. In the case of both abstraction licenses
and discharge consents there is provision in the Acts for a review of
authorisations if environmental harm is being caused. Also the grant of these authorisations
does not provide an automatic defence in civil actions if damage is caused to a
third party by the authorised activity.
Remedies can therefore still be available if damage is being caused by
the authorised activities.
The
abstraction and discharge regimes are both backed up by criminal sanctions
where abstraction or discharges take place without an authorisation or in
breach of the terms of an authorisation.
Generally the EA will prosecute where an offence results in damage to
the environment but sometimes pressure from an aggrieved party can help. A conviction of a polluter is always
extremely helpful for a civil claim.
The
EA also regulate works in rivers and flood plains using powers given by the
Land Drainage Act 1991 and the Water Resources Act 1991. In particular the EA can make byelaws
controlling activities in these areas.
In short it is likely that any significant work to the bed or banks of a
river or to weirs and sluices will require consent and carrying out such works
without a consent will be a criminal offence.
Finally
the EA are now responsible for maintenance of reservoirs under the Reservoirs
Act 1975, see Fact Sheet 9 - Water Law and Fact Sheet 11 - Reservoirs summarising the law
on this important area.
2. NATURAL
Natural
England is another authority with substantial powers over some rivers and
lakes. They have duties and powers
under the Wildlife and Countryside Act 1981 as amended by the Countryside and
Rights of Way Act 2000 to notify and then manage sites that require protection
by reason of their flora and fauna.
For the most part these are Sites of Special Scientific Interest but
also include Special Areas of Conservation and Special Protection Areas whose
protection derives from European legislation. If your land lies within a protected
area then certain activities cannot be carried out without the consent of
Natural England and they have powers to impose management schemes on
owners. (See also Fact Sheet 4 - Stocking Consents).
3. PLANNING
AUTHORITIES
The
general planning system can affect the use of rivers and lakes and land
surrounding them. The Town and
Country Planning Acts regulate development on land which includes both
construction or engineering works (including such activities as digging new
lakes) and also the use of land.
Some developments are permitted by statute. These include minor developments eg
engineering operations of less than a certain size and some fencing works. A broader range of developments is
permitted on agricultural holdings.
Whilst
it is unlikely that an angling club would require planning approval for simply
exercising fishing rights, many commercial fisheries will require approval both
for the use of the fishery and any significant building or engineering
operations on the land. In some
cases that will apply equally to clubs and individuals.
Where
a new development is contemplated a planning application to the local authority
will be required. However it is
also possible to apply for a Certificate of Lawfulness of Existing Use or
Development where it can be demonstrated that a particular use has been in
existence for more than ten years.
If the evidence provided meets the statutory requirements, the planning
authority must grant a certificate as opposed to a new planning application
where the grant is discretionary.
The
planning authority has the power to serve an enforcement notice requiring a
land owner to cease an unauthorised activity or restore land following
unauthorised construction or engineering activity. In these cases there is a right of
appeal and the activity can continue pending that appeal. In extreme cases a planning authority
also has power to serve stop notices that require the land owner to cease the
activity immediately.
4. HIGHWAYS
AUTHORITIES
Fishery owners can also run into trouble with
local authority highways departments.
Where new vehicular access and car parking is planned, Highway Authority approval can be required in
relation to road safety if access is made to a public highway.
Back to Home Page: anglinglaw.html
Please note that this fact sheet
is intended to give general guidance on the stated area of law. We cannot accept any responsibility
for the consequences of relying on this fact sheet in relation to particular
circumstances of which we are not aware.
Simon Jackson
Solicitors
The Office
Tyn Celyn
Llansilin
Oswestry
SY10 7JW
Tel: 01691 791439
Fax: 01691 791583
e-mail. srbj@btconnect.com