Trunk Roads Act 1946

6 Bridges and tunnels over and under navigable waters

(1) Without prejudice to any power of the Minister to construct bridges or tunnels for the purposes of trunk roads provision may be made by an order under section one of this Act for the construction as part of a trunk road of a bridge over any navigable waters specified in the order, or of a tunnel under any such waters:

Provided that before making an order providing for the construction of any such bridge or tunnel, the Minister shall take into consideration the reasonable requirements of navigatior over the waters affected by the order.

(2) An order which provides for the construction of such a bridge shall include such plans and specifications as may be necessary to indicate the position and dimensions of the propose bridge, including the spans, headways and waterways thereof and, in the case of a swing bridge, shall contain such provision as the Minister considers expedient for regulating the operation of the bridge ; and an order which provides for the construction of such a tunnel shall include such plans and specifications a may be necessary to indicate the position and dimensions c the proposed tunnel, including the depth thereof below the be of the sea, river or other navigable waters, as the case may be

(3) In relation to any such order as aforesaid, paragraph 2 and 4 of the Second Schedule to this Act shall have effect as any reference therein to the councils specified in the said pan graph 2 included a reference to every navigation authority catchment board concerned with or having jurisdiction over the waters affected or the area comprising those waters; and if objection to the order is duly made in accordance with the provisions of the said Schedule by any such authority or board as aforesaid on the ground that the bridge or tunnel is likely to obstruct or impede the performance of their functions under any enactment, or to interfere with the reasonable requirements of navigation over the waters affected by the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(4) In this section the expression " enactment" includes a local or private Act and an order having the force of an Act, and the expression " navigation authority " means any person or body of persons, whether incorporated or not, having powers under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.