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British Waterways Act 1995

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22General environmental and recreational duties

(1)It shall be the duty of the Board, in formulating or considering any proposals relating to their functions—

(a)so far as may be consistent with the purposes of any enactment relating to those functions, so to exercise any power conferred on them with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

(b)to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural, engineering or historic interest; and

(c)to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.

(2)Subject to subsection (1) above, it shall be the duty of the Board, in formulating or considering any proposals relating to their functions—

(a)to have regard to the desirability of preserving for the public any freedom of access to towing paths and open land and especially to places of natural beauty;

(b)to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural, engineering or historic interest;

(c)to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility;

(d)to take into account the desirability of protecting for future use as cruising waterways, or as areas appropriate for other public recreational use, remainder waterways with potential for such use.

(3)It shall be the duty of the Board in determining what steps to take in performance of any duty imposed by virtue of subsection (1) or (2) above to take into account the needs of persons who are chronically sick or disabled.

(4)Nothing in this section shall require recreational facilities made available by the Board to be made available free of charge.

(5)In this section—

  • “building” includes a structure; and

  • “functions” includes powers and duties.

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