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Select Committee on Finance and General Affairs debate -
Wednesday, 21 Jun 1995

SECTION 14.

Question proposed: "That section 14 stand part of the Bill."

This section deals with an increase of penalties under the Principal Act.

It is only bringing the penalties up to present day figures.

If I had a farm which a river flowed through and I decided to change the river bed, would I need permission to do so?

No, unless the Office of Public Works had carried out a scheme in that area.

I just wondered about the change of a watercourse.

The purpose of section 14 is to increase the outdated fines and penalties imposed for offences under various sections of the Principal Act. The original fines were summary conviction or a fine not exceeding £5 and an additional £1 a day. They have now been upgraded.

What is the definition of a watercourse?

It is one of those things I feel I know until I am asked to describe it. It is probably defined in the old Act. The word "watercourse" includes rivers, streams and other natural watercourses and also canals, drains and other artificial watercourses.

Must there be water in them?

There would not need to be water in them. The reference is to "and other natural watercourses". If it is a natural watercourse and there is no water in it, it is still a watercourse.

What are the fines?

Any interference with a watercourse — presumably without permission — is subject to a penalty. I know a farmer who diverted a river to another part of the land. Did he require permission to do so?

Only if it was part of a scheme. He may require permission for other reasons but not under this legislation.

Are all such schemes fenced off?

Not necessarily.

If a farmer's cattle walked from one side to the other, does that not interfere with the watercourse?

I would not think so.

Question put and agreed to.
Sections 15 and 16 agreed to.
Title agreed to.
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