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Norfolk and Suffolk Broads Act 1988

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10 Functions of Authority and others in relation to the navigation area.E+W

(1)The Authority shall—

(a)maintain the navigation area for the purposes of navigation to such standard as appears to it to be reasonably required; and

(b)take such steps to improve and develop it as it thinks fit.

(2)Subsection (1) above does not apply in relation to Haddiscoe New Cut.

(3)The Authority may make byelaws under this section for the good management of the navigation area, the conservation of its natural beauty and amenities and the promotion of its use for purposes of recreation.

(4)For the purposes of subsection (3) above, the navigation area shall be taken to include any part of a bank which would otherwise be excluded by virtue of section 8(1) of this Act.

(5)The Authority shall have the additional functions in relation to the navigation area set out in this Act and, in particular, those set out in Part I of Schedule 5 to this Act.

(6)In discharging its functions in relation to the Norwich navigation the Authority shall have particular regard to the interests of seagoing freight vessels.

(7)The Authority shall appoint—

(a)a person to act as navigation officer for the Norwich navigation (to be known as “the Norwich navigation officer”); and

(b)a person to act as navigation officer for the remainder of the navigation area (to be known as “the Broads navigation officer”).

(8)The functions conferred by Part II of Schedule 5 shall be exercised—

(a)in relation to the Norwich navigation, by the Norwich navigation officer; and

(b)in relation to the remainder of the navigation area, by the Broads navigation officer.

(9)The person appointed as the Norwich navigation officer must be—

(a)an officer of the Authority; or

(b)the harbour master of Great Yarmouth.

(10)The person appointed as the Broads navigation officer must be—

(a)an officer of the Authority; or

(b)the harbour master of Great Yarmouth (where the harbour master has been appointed as the Norwich navigation officer).

(11)The same officer of the Authority may be appointed both as the Norwich navigation officer and as the Broads navigation officer.

(12)The appointment of the Norwich navigation officer must be approved by the Secretary of State.

(13)The Norwich navigation officer and the Broads navigation officer and any deputy (appointed under paragraph 17 of Schedule 5 to this Act) shall each be a warden for the purposes of section 6 of this Act.

(14)Without prejudice to any other power to delegate which it may have, the Authority shall have power to delegate to the Commissioners, for such period and on such terms as may be agreed between them, and approved by the Secretary of State, all or any part of the Authority’s functions in relation to navigation.

(15)So far as is necessary to enable them to discharge any functions delegated to them under subsection (14) above, the Commissioners shall (subject to any terms on which those functions were delegated) have the same powers, and be under the same duties, in relation to the navigation area as the Authority.

(16)Part III of Schedule 5 shall have effect for the purpose of supplementing this section and of making further provision in relation to the navigation area.

(17)Before—

(a)making, varying or revoking any byelaws under subsection (3) above;

(b)making any appointment under subsection (7) above;

(c)delegating any functions under subsection (14) above;

the Authority shall consult the Navigation Committee.

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