Crossrail Act 2008

Temporary interference with waterways

10 (1) The powers conferred by this paragraph shall be exercisable in relation to the following waterways for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works—

• the River Thames,

• the River Lea,

• West India Dock North and South,

• Poplar Cut,

• the Grand Union Canal,

• the Regent’s Canal,

• Bellmouth Passage,

• City Mill River, and

• Frays River.

(2) The nominated undertaker may—

(a) temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,

(b) temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1), or

(c) temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation.

(3) The power conferred by sub-paragraph (2)(c) shall be exercised in a way which secures—

(a) that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b) that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4) The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation.

(5) The nominated undertaker shall compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation.

(6) Any dispute as to a person’s entitlement to compensation under sub-paragraph (5), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).