The Fisheries Committee is an advisory Non-Departmental Public Body (NDPB) constituted under the Electricity Act 1989. The statutory functions of the Committee are set out in Schedule 9 of the Act which provides that:
- the remit of the Committee is 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) on any questions relating to the effect on fisheries or stocks of fish;
- the Committee may give advice or assistance on its own initiative or if requested by Scottish Ministers or by a generator or intending generator; and
- 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 1989 Act [as modified by The Electricity Act 1989 (Requirement of Consent for Hydro-electric Generating Stations) (Scotland) Order 1990] provides that any person wishing to construct, extend or operate a hydro-electric generating 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
Hydro-electric schemes of one megawatt or less are not subject to the section 36 process and are therefore not the subject of any statutory recommendations from the Committee; but the Committee can provide advice on these smaller schemes. The dams and intakes at any scheme of one medawatt or less are subject to the Salmon (Fish Passes and Screens) (Scotland) Regulations 1994.
The Fisheries Committee is listed on the Scottish Government Website, in the Scottish Public Bodies Directory; and further information about NDPBs in general is available on the Public Bodies and Public Appointments WebPages.