Norfolk and Suffolk Broads Act 1988

Part III E+W Miscellaneous

Integration of administration with the Commissioners E+W

20 (1) The Authority and the Commissioners may enter into an agreement for the purpose of integrating the administration of— E+W

(a) their byelaws relating to the registration of pleasure craft and the charging and collection of sums payable in respect of registration; and

(b) the collection of ship, passenger and goods dues under section 26 of the M1 Harbours Act 1964.

(2) The agreement may, in particular, provide—

(a) for treating registration documents issued under byelaws made by one of the parties to the agreement as registration documents issued under byelaws made by the other;

(b) for treating distinguishing marks and numbers in a similar manner; and

(c) for the division between the parties of sums of a kind mentioned in sub-paragraph (1) above.

Annotations:

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Marginal Citations

M1 1964 c. 40.

Protection of statutory undertakers E+W

21 (1) The provisions of this paragraph shall apply unless provision to the contrary is made by agreement in writing between the Authority and the statutory undertaker in question. E+W

(2) The power conferred on the Authority by paragraph 1 above—

(a) shall not apply in relation to any works of a statutory undertaker; and

(b) shall not be exercised so as to damage, adversely affect or obstruct access to any such works.

(3) The power conferred on the Authority by paragraph 2 above to dredge and dispose of dredged material shall not be exercised—

(a) within fifteen metres of any works of the British Railways Board without the Board’s approval of the work which the Authority proposes to carry out;

(b) within fifty metres of any works of any other statutory undertaker without reasonable prior notice; or

(c) so as to damage or adversely affect any works of a statutory undertaker.

(4) Before granting a works licence authorising a person to carry out any work within fifty metres of any works of a statutory undertaker, the Authority shall—

(a) notify the undertaker of the proposed work; and

(b) furnish it with such further information in relation to the proposed work as it may reasonably require.

(5) Where notice has been given to a statutory undertaker under sub-paragraph (4) above, the Authority shall, on granting the licence in question, give a copy of it to the undertaker.

(6) The power conferred by any such licence shall not be exercised so as to damage, adversely affect or obstruct access to any works of a statutory undertaker.

(7) Before exercising its power under paragraph 12 above to raise, remove or destroy any vessel which is within 150 metres of any works of a statutory undertaker, the Authority shall give the undertaker reasonable notice of its intention to do so.

(8) Sub-paragraph (7) above shall not apply in any case which is (in the opinion of the Authority) an emergency.

(9) Any dispute between the Authority and a statutory undertaker as to the application of any provision made by this paragraph shall be determined by a person appointed for the purpose—

(a) by agreement between the Authority and the statutory undertaker; or

(b) failing such agreement, by the Secretary of State.

Duty of Authority to notify Commissioners of dredging and other work E+W

22 (1) The Authority shall, before— E+W

(a) undertaking any dredging or other work which might materially affect navigation within the Haven or the flow of water in the Haven; or

(b) granting a works licence authorising any such dredging or work;

notify the Commissioners of the proposed dredging or other work, and shall not undertake it or grant the proposed licence without the consent of the Commissioners.

(2) The Commissioners may withhold their consent only if they are satisfied that the proposed dredging or other work will have either or both of the effects mentioned in sub-paragraph (1)(a) above.

(3) Any dispute between the Authority and the Commissioners as to the application of this paragraph shall be determined by a person appointed for the purpose—

(a) by agreement between the Authority and the Commissioners; or

(b) failing such agreement, by the Secretary of State.

New rights of navigation E+W

23 (1) The Authority may enter into an agreement with any person who has a sufficient interest in the land concerned for the creation by that person of a public right of navigation over any land in or within the vicinity of the Broads, subject to such conditions and limitations (if any) as may be specified in the agreement. E+W

(2) Any such agreement shall be on such terms as to payment or otherwise as may be specified in the agreement.

(3) The Authority may create a public right of navigation over any land in which it has a sufficient interest, subject to such conditions and limitations (if any) as it considers appropriate.