The Wye Navigation Order 2002

Dredging

21.—(1) The Agency may—

(a) deepen, dredge, scour, improve or excavate any part of the principal rivers; and

(b) subject to paragraph (4), sell, or otherwise dispose of as it thinks fit, any material removed from any part of the principal rivers in exercise of its powers under this article.

(2) Before exercising its powers under paragraph (1)(a) the Agency shall, unless it is not reasonably practicable to do so, consult every owner and occupier of land, and every owner and occupier of any fishery, which in the opinion of the Agency is likely to be affected by the proposed exercise of those powers.

(3) The Agency shall pay compensation to all persons for any damage sustained by them by reason of the exercise by the Agency of its powers under paragraph (1)(a) and the amount of the compensation to be paid, where not agreed, shall be determined by the Lands Tribunal.

(4) The powers conferred by paragraph (1)(b) shall be subject to the rights and interests of the owners of the bed and banks of the principal rivers.

(5) Before exercising the powers of this article the Agency shall give notice to Dŵr Cymru and in exercising those powers shall observe such reasonable conditions as Dŵr Cymru may impose for the protection of its property and for the protection of water abstracted by Dŵr Cymru.

(6) Any dispute between the Agency and Dŵr Cymru as to the reasonableness of any condition imposed by Dŵr Cymru under paragraph (5) shall be determined in the manner provided by article 27(6).