Llanelli Borough Council (River Lliedi) Act 1992

1992 CHAPTER xix

An Act to extinguish all rights of navigation over part of the river Lliedi in Llanelli; and for connected or other purposes.

[3rd December 1992]

WHEREAS—

(1) The Borough of Llanelli is under the management and local government of the Llanelli Borough Council (hereinafter referred to as “the Council”):

(2) The river Lliedi in Llanelli flows through a dock, known as the Carmarthenshire Dock, which was originally used for industrial purposes but is now used only for the mooring of a few small vessels:

(3) The Llanelli Harbour Trust have conservancy functions in respect of certain coastal waters in Llanelli including navigable waters of the river Lliedi and the Carmarthenshire Dock:

(4) Coal and other heavy industry in the Llanelli area has declined leaving neglected and derelict land in and around the Llanelli coast, and the Council have determined to undertake, jointly with the Welsh Development Agency, a scheme for the development and regeneration of this area:

(5) The proposed regeneration scheme includes the construction of a coastal link road and other works which would convert the land around the Llanelli coast into a new centre incorporating housing, a business park and leisure facilities:

(6) To enable the proposed regeneration scheme to take place it is expedient that all public rights of navigation over part of the river Lliedi should be extinguished and that, in consequence, part of the Carmarthenshire Dock should be closed:

(7) It is expedient that the other provisions in this Act should be enacted:

(8) The purposes of this Act cannot be effected without the authority of Parliament:

(9) In relation to the promotion of the Bill for this Act the requirements of section 239 of the [1972 c. 70.] Local Government Act 1972 have been observed:

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Short title

This Act may be cited as the Llanelli Borough Council (River Lliedi) Act 1992.

2 Interpretation

(1) In this Act, unless the context otherwise requires—

• “the commencement day” means the day on which this Act comes into force;

• “the relevant part of the river Lliedi” means so much of the river Lliedi in Llanelli as lies to the north and north-east of an imaginary straight line (“the first imaginary line”) drawn between a point at SS 4990599424 and a point at SS 4995099424 and to the west and south of an imaginary straight line drawn between a point at SN 5024000280 and a point at SN 5024000140; and

• “the relevant part of the Carmarthenshire Dock” means so much of the Carmarthenshire Dock in Llanelli as lies to the north and north-east of the first imaginary line.

(2) Reference points specified in subsection (1) above shall be construed as references to Ordnance Survey National Grid reference points.

3 Extinguishment of rights of navigation over river Lliedi

(1) Subject to subsection (3) below, notwithstanding anything contained in the Llanelly Harbour Acts and Orders 1858 to 1954 or any other enactment or rule of law to the contrary, any existing right of navigation over the relevant part of the river Lliedi (including the relevant part of the Carmarthenshire Dock) shall be extinguished on the commencement day.

(2) As from the commencement day the Llanelli Harbour Trust shall be under no obligation to maintain and manage the relevant part of the river Lliedi or the relevant part of the Carmarthenshire Dock; and, accordingly, on that day any powers, rights, liabilities and obligations relating to the relevant part of the river Lliedi or to the relevant part of the Carmarthenshire Dock which may be conferred or imposed on the Llanelli Harbour Trust by the Llanelly Harbour Acts and Orders 1858 to 1954 or otherwise shall cease.

(3) Nothing in subsection (1) shall prevent the British Railways Board from navigating in the relevant part of the Carmarthenshire Dock and the relevant part of the river Lliedi for the purpose of inspecting, maintaining, repairing, reconstructing or removing their existing bridges which are situated in those relevant parts.

4 Commencement

This Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.