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Transport Act (Northern Ireland) 1967

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[F167GDiversion of navigable watercourses.N.I.

(1)The Department may, on application to it by the railway undertaking, make an order authorising the railway undertaking to divert such part of a navigable watercourse as is specified in the order if the Department considers the diversion necessary or desirable in connection with—

(a)the construction or improvement of a railway; or

(b)the construction, as part of a railway, of a bridge over or tunnel under navigable waters.

(2)Where a navigable watercourse is to be diverted in pursuance of an order made under subsection (1), any new length of watercourse provided in pursuance of that order shall be such as will or, but for any bridge or tunnel constructed over or under it in pursuance of section 67A(2), would be navigable in a reasonably convenient manner by vessels of a kind which immediately before the commencement of the order were accustomed to use that part of the watercourse which is to be replaced by the new length.

(3)Where by virtue of an order made under subsection (1) the railway undertaking is authorised to divert any part of a navigable watercourse it may also divert any towing path or way adjacent to that part.

(4)Subsection (5) shall have effect where—

(a)works for the diversion of a navigable watercourse have been carried out by the railway undertaking in accordance with an order made under subsection (1); and

(b)any person has suffered damage in consequence of the works mentioned in paragraph (a)—

(i)by the depreciation of any estate in any land to which he is entitled, or

(ii)by reason of the fact that his right of access to a navigable watercourse has been interfered with or extinguished.

(5)A person shall be entitled to receive compensation from the Holding Company under this subsection in respect of the damage where works of the type mentioned in subsection (4) are carried out unless the works were carried out on land, or in exercise of rights, vested in the Holding Company under section 67B, or otherwise in the Department or any of its predecessors in title under section 34 of the Roads Act (Northern Ireland) 1948 or any statutory provision repealed by that Act.

(6)Any question of disputed compensation arising under subsection (5) shall be referred to and determined by the Lands Tribunal.

(7)In this section “navigable watercourse” means a watercourse over which a public right of navigation exists.]

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