Office of Public Sector Information
PART VI continued
For the protection of the port authority, the following provisions shall unless otherwise agreed in writing between the Corporation and the port authority, apply:—
(1) In this section, unless the context otherwise requires, “the downstream river” means that part of the river which is downstream of the weir:
(2) If, between the commencement of the construction of the weir and 10 years after the completion thereof—
(a) any part of the downstream river becomes subject to silting which is wholly or partly caused as a result of the weir; or
(b) other alterations occur in the regime of the downstream river wholly or partly as a result of the weir;
so as materially to affect the suitability of the river for safe navigation by vessels satisfying the long established size criteria for navigating the river and to necessitate dredging or other operations in order to facilitate navigation by such vessels in the downstream river or their access to and from the Floating Harbour, or to secure the efficiency of the river as a flood defence work; and
(c) the port authority give notice in accordance with paragraph (3) below;
the provisions of this section shall have effect:
(3) In the circumstances described in paragraph (2) above the port authority may during the construction or within the period of 10 years after the completion of the weir give notice that in consequence of those circumstances having arisen such silting should be removed or that dredging or other operations are required for the purpose of—
(a) maintaining a channel in the downstream river in the interests of persons using the downstream river; or
(b) for the prevention of flooding; or
(c) for the protection of any works or installations in the downstream river (whether or not owned by the port authority):
(4) If notice is given under paragraph (3) above the Corporation shall pay to the port authority any additional costs reasonably incurred by the port authority in connection with dredging the river, or the disposal of silt or carrying out any other operations for the purposes set out in that paragraph, in so far as the necessity therefor is attributable to the weir:
(5) In the event of any payment falling due under paragraph (4) above the period of 10 years shall be extended for a further 10 years from the date of discovery of the silting or other alterations referred to in that paragraph so that the Corporation shall be liable in each successive period of 10 years up to a maximum of 30 years after completion of the weir:
(6) Against any sum payable by the Corporation under paragraph (4) or (5) above there shall be offset any diminution in the cost to the port authority of dredging or other operations which results from the construction of the weir to the extent that such diminution has not been offset against any other payment made by the Corporation under this section:
(7) In the event of any payment falling due under paragraph (4) or (5) above the Corporation shall pay compensation to the port authority for any loss or damage arising from the circumstances which gave rise to the payment which is sustained by the port authority within a period of 30 years after the completion of the weir and is not so sustained as a result of any default on the part of the port authority:
(8) The Corporation shall pay to the port authority any costs reasonably incurred by the port authority in order to ascertain whether any such events or alterations as are mentioned in paragraph 2(a) and (b) above have occurred, not being costs which the port authority would have incurred for other reasons:
(9) The Corporation shall pay compensation to the port authority for any loss or damage which is sustained by the port authority by reason or in consequence of the failure or the want of repair of the weir:
(10) The Corporation shall pay to the port authority the reasonable costs of such alterations to the marking and lighting of the navigational channel of the downstream river as may be reasonably necessary during, or as a direct consequence of, the construction of the weir:
(11) Any difference arising between the Corporation and the port authority under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration:
(12) The Secretary of State shall in any order made under section 61 (Transfer of functions) of this Act make provision preserving the benefit of, or which is not less favourable than, this section (other than paragraph (9)) for the protection of the port authority.
For the protection of the highway authority the following provisions shall, unless otherwise agreed in writing between the Corporation and the highway authority have effect:—
(1) In this section “highway” includes any intended highway (including a walkway to be created under section 35 of the [1980 c. 66.] Highways Act 1980) construction of which has been commenced but which has not yet been dedicated to public use:
(2) Before commencing any part of the works the Corporation shall consult the highway authority as to—
(a) the programme for the construction of the works so as to secure, so far as may be reasonably practicable, that the duration of any disturbance occasioned by, or in connection with, such construction shall be reduced to a minimum; and
(b) any land to be occupied or used by the Corporation or its contractors as a temporary working site for the purposes of such construction, the period for which and the manner in which any such site is to be used and the steps to be taken by the Corporation in order to mitigate injury to the amenity, or interference with the convenience, of other highway users:
(3) If the construction of any works affects any highway, the Corporation shall submit plans, sections and particulars relating thereto to the highway authority for its approval and notwithstanding anything shown on the deposited plans and the deposited sections the work to which such plans, sections and particulars relate shall not be constructed otherwise than in accordance with such plans, sections and particulars as have been approved by the highway authority as aforesaid provided that, if within 56 days after the submission to it of plans, sections and particulars in accordance with the provisions of this paragraph the highway authority does not signify its approval or disapproval thereof and the grounds for such disapproval, it shall be deemed to have approved thereof:
(4) The Corporation shall consult the highway authority as to the routes proposed to be used by vehicles, machinery and plant, passing to or from any works under construction for the purposes of this Act and shall procure that all such vehicles, machinery and plant (whether belonging to the Corporation or to any contractor or other person) shall comply with such directions as the highway authority may give in respect of such routes and times or manner of their use:
Before commencing to construct any part of any work which would involve interference with any highway the Corporation shall consult the highway authority as to—
(i) the time when that part shall be commenced;
(ii) the extent of the surface of the highway which it may be reasonably necessary for the Corporation to occupy in the construction of that part;
(iii) the conditions under which that part shall be constructed so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public;
and that part shall not be constructed and the surface of the highway shall not be occupied by the Corporation except at the time, to the extent and in accordance with such reasonable conditions as may be agreed between the Corporation and the highway authority;
(b) Any such highway shall be reinstated by the Corporation in the manner approved by the highway authority and to its satisfaction:
(6) Any part of the construction of any work which involves interference with the highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the highway authority:
(7) No part of the works (whether in or under a highway or elsewhere) shall be constructed in any way which shall have a detrimental effect either temporarily or permanently on the drainage of the surface of any highway:
(8) The Corporation shall at all reasonable times during the construction of any part of the works that affect a highway or land supporting a highway afford to the surveyor of the highway authority or his duly authorised representatives access to the works for the purposes of inspection:
(9) It shall be the responsibility of the Corporation at all times during the construction of the works to procure that the works are fenced against the highway:
Subject to sub-paragraph (b) below, where the Corporation has carried out any works in any highway maintainable at public expense, that highway shall remain vested in and maintained by the highway authority which shall continue to have all such rights in relation to the subsoil and undersurface thereof as may be necessary for the purpose of its functions;
(b) The Corporation shall be liable to the highway authority for the maintenance or repair of any works it has carried out in or affecting a highway for a period of 12 months after completion of those works:
(11) The Corporation shall compensate the highway authority for any loss or expenditure it reasonably incurs as a result of subsidence of, or damage to, any highway or any other property belonging to, under the control of, or repairable by the highway authority in so far as such may be caused by, or in consequence of, any default of the Corporation, its contractors, servants or agents and whether such subsidence or damage happened during the construction of the works or at any time thereafter:
(12) The Corporation shall keep the highway authority indemnified against all actions, costs, claims and demands whatsoever (save in so far as the same may arise from the default or negligence of the highway authority, its contractors, servants or agents) brought or made against the highway authority by any person in respect of loss or damage caused by or in consequence of the construction of any of the works and the fact that any act or thing may have been done in accordance with plans, sections and particulars approved by the highway authority or in accordance with any requirements of the highway authority or under its supervision shall not excuse the Corporation from liability under the provisions of this section:
(13) The Corporation shall repay to the highway authority all reasonable costs, charges and expenses of the highway authority for the examination of the plans, sections and particulars submitted to the highway authority under this section, for supervising any works to highways and for the carrying out of all or any steps in connection with the making of any traffic regulation orders or the carrying out of any other act or thing which the highway authority reasonably deems necessary for the purposes of any traffic management measure in connection with any part of the construction of the works:
(14) The Corporation shall not except with the highway authority’s consent by itself or its contractor or agent deposit any soil, subsoil or other material on any highway and shall not permit any vehicle to obstruct any highway except in so far as such obstruction may be authorised by this Act:
(15) The Corporation shall not without the consent of the highway authority place any hoarding on any part of the highway.
For the protection of the British Railways Board (in this section referred to as “the railways board”) the following provisions shall unless otherwise agreed in writing between the Corporation and the railways board apply:—
(1) In this section—
“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
“the engineer” means an engineer to be appointed by the railways board;
“plans” includes sections, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction);
“railway property” means any railway of the railways board and any works connected therewith for the maintenance or operation of which the railways board are responsible and includes any land held or used by the railways board for the purposes of such railway or works;
“specified works” means so much of the works and operations authorised by this Act (whether temporary or permanent) as may be situated upon, across, under or over or within 15 metres of, or may in any way affect railway property and includes the construction, maintenance and renewal of such works:
(2) The exercise of the powers of the [1845 c. 20.] Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of land, as applied by section 3 (Incorporation of general enactments) of, and incorporated with, this Act, shall not prevent the exercise by the railways board of such rights as the railways board may have of access (with or without vehicles, machinery and materials) for the railways board and their agents and employees over any such land to and from railway property:
(3) The Corporation shall before commencing the specified works (other than works of maintenance or repair) furnish to the railways board proper and sufficient plans, sections and particulars thereof for the reasonable approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:
Provided that if within 56 days after such plans, sections and particulars have been furnished to the railways board the engineer has not intimated his disapproval thereof and the grounds of his disapproval he shall be deemed to have approved the same:
(4) If within 56 days after such plans have been furnished to the railways board, the railways board give notice to the Corporation that the railways board desire themselves to construct any part of the specified works which in the opinion of the engineer will or may affect the stability of railway property then, if the Corporation desires such part of the specified works to be constructed, the railways board shall construct the same with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Corporation in accordance with the plans approved or deemed to be approved or settled as aforesaid:
(5) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the specified works to ensure the safety or stability of railway property and such protective works as may be reasonably necessary for those purposes shall be constructed by the railways board or by the Corporation, if the railways board so desire, with all reasonable dispatch and the Corporation shall not commence the construction of the specified works until the engineer has notified the Corporation that the protective works have been completed to his reasonable satisfaction:
(6) The Corporation shall give to the railways board not less than 28 days' notice in writing of its intention to commence the construction of any of the specified works and, (except in emergency when the Corporation shall give such notice as may be reasonably practicable), also of its intention to carry out any works for the repair or maintenance of the specified works:
(7) The specified works shall, when commenced, be carried out—
(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid;
(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;
(c) in such manner as to cause as little damage to railway property as may be; and
(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of the railways board or the traffic thereon and the use by passengers of railway property;and, if any damage to railway property or any such interference or obstruction shall be caused or take place, the Corporation shall, notwithstanding any such approval as aforesaid, make good such damage and shall on demand pay to the railways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction:
(8) The Corporation shall—
(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction;
(b) ensure access for the engineer at all reasonable times to all working sites, depots and premises at which materials to be employed in the construction of the specified works are being made, constructed or assembled;
(c) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:
(9) The railways board shall at all times afford reasonable facilities to the Corporation and its agents for access to any works carried out by the railways board under this section during their construction and shall supply the Corporation with such information as it may reasonably require with regard to such works or the method of construction thereof:
(10) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary in consequence of the construction of the specified works, such alterations and additions may be effected by the railways board after not less than 28 days' notice has been given to the Corporation and the Corporation shall pay to the railways board on demand the cost thereof as certified by the engineer including, in respect of permanent alterations and additions, a capitalised sum representing the increased or additional cost of maintaining, working and, when necessary, renewing any such alterations or additions:
(11) The Corporation shall repay to the railways board all costs and charges and expenses reasonably incurred by the railways board—
(a) in constructing any part of the specified works on behalf of the Corporation as provided by paragraph (4) of this section or in constructing any protective works under the provisions of paragraph (5) of this section including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;
(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching, lighting and signalling railway property and for preventing as far as may be all interference, obstruction, danger or accident arising from the construction, maintenance, repair or failure of the specified works;
(c) in respect of any special traffic working resulting from any speed restrictions which are necessary as a result of the construction, maintenance, repair or failure of the specified works and which may in the opinion of the engineer be required to be imposed or from the substitution, suspension or diversion of services which may be necessary for the same reason;
(d) in respect of any additional temporary lighting of railway property in the vicinity of the specified works being lighting made reasonably necessary as a result of the specified works or the failure thereof;
(e) in respect of the approval by the engineer of plans submitted by the Corporation and the supervision by him of the specified works:
(12) If at any time after the completion of the specified works, not being works vested in the railways board, the railways board give notice to the Corporation informing it that the state of repair of the specified works appears to be such as prejudicially to affect railway property, the Corporation shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of repair as not prejudicially to affect railway property and, if and whenever the Corporation fails to do so, the railways board may make and do in and upon the land of the railways board or of the Corporation all such works and things as shall be requisite to put the specified works in such state of repair as aforesaid and the costs and expenses reasonably incurred by the railways board in so doing shall be repaid to them by the Corporation:
(13) The Corporation shall not exercise the powers of section 11 (Dredging and other operations in river) of this Act within a distance of 50 metres of any railway property otherwise than in accordance with the provisions of this section:
(14) Any difference arising between the Corporation and the railways board under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration.
The Corporation shall consult the Nature Conservancy Council for England as to measures which may be taken by the Corporation to develop and, so far as may be consistent with the purposes of this Act, to conserve flora and fauna within the impounded river.
Avon Weir Act 1992 (C. V)