| Description | The annual report of the Fisheries (Electricity) Committee to the Minister 2005 |
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| ISBN | (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | September 14, 2005 |
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APPENDIX A - Functions of the Committee
The Fisheries Committee was constituted in 1943 to consider hydro schemes proposed by the North of Scotland Hydro-Electric Board and to advise on the effects on fish and fisheries and on ways of preventing or minimising damage. At the same time, schemes approved by the Secretary of State and constructed by the Board were exempted from the statutory Fish Passes and Screens Regulations. The provisions were consolidated in the Electricity (Scotland) Act 1979 and, in 1986, were extended to cover other persons intending to establish or extend a hydro-electric scheme. The functions of the Committee are continued under the Electricity Act 1989.
Statutory functions
The statutory functions of the Committee are set out in Schedule 9 to the 1989 Act and may be summarised as follows:
· to advise and assist Scottish Ministers and any person engaging in, or proposing to engage in, the generation of hydro-electric power (including wave and tidal power) on any questions relating to the effect of hydro-electric works on fisheries or stocks of fish; the Committee may give such advice whether asked or not;
· the Schedule provides that any person engaged in, or proposing to engage in, the generation of hydro-electric power has to give the Committee such information and assistance as it reasonably requires;
· Section 36 of the Act (as modified by SI 1990/392) provides that any person wishing to construct or operate a hydro station with a capacity of more than one megawatt has to apply to Scottish Ministers for consent; Schedule 9 provides that:
- before or on making such an application the applicant must consult the Committee;
- the Committee may make recommendations to the applicant or to any other person; and
- Scottish Ministers may refuse consent under section 36 if an applicant does not undertake to implement a recommendation made by the Committee.
N.B. This informal summary of the statutory functions is not a substitute for direct reference to the Act.
Other functions
In addition to its statutory functions, the Committee has been asked by Ministers to advise as necessary on the effects of the water systems of thermal generating stations on fisheries and stocks of fish.