112.—(1) If any person—

(a) uses any fishing engine in a free gap, or

(b) uses any fishing engine (not being a rod and line) within fifty yards above or below any part of a fishing weir, or

(c) places any obstruction in the free gap of a fishing weir, or

(d) uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all periods of the year, or

(e) places any bridge, board, cloth or any other thing whatsoever in, over or across a free gap in a fishing weir, except a temporary bridge or board during the time only when the persons engaged in the fishing of the said weir are passing over the free gap,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—

(i) in the case of a first offence under this section, a fine of not less than five pounds and not more than twenty pounds, and,

(ii) in the case of a second or any subsequent offence under this section a fine of not less than ten pounds and not more than fifty pounds.

(2) Where—

(a) the owner or occupier of a fishing weir is charged under subsection (1) of this section with the offence of placing an obstruction in the free gap in such fishing weir, and

(b) it is proved that such obstruction was placed in such free gap,

it shall be presumed, until the contrary is shown, that such obstruction was placed in such free gap by him.

(3) Where a person is convicted of the offence of placing an obstruction in the free gap in a fishing weir, the Minister may cause such obstruction to be removed and any expenses incurred by the Minister under this subsection shall be a debt due by such person to the Minister and may be recovered as a simple contract debt in any court of competent jurisdiction.