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British Railways (No. 2) Act 1992

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Part IIIRiver bridge at Gainsborough

23Interpretation of Part III

in this part of this act—

  • “the bridge” means the bridge of the board at gainsborough, partly in the parish of bole, district of bassetlaw, nottinghamshire, and partly in the district of west lindsey, lincolnshire, which carries the railways linking doncaster and retford with gainsborough over the river;

  • “the level of high water” means the level of mean high-water springs;

  • “the new span” means a new bridge span positioned on the existing piers of the bridge;

  • “the river” means the river trent; and

  • “the specified works” means the removal by the board of the existing span of the bridge and the positioning of the new span under their existing powers.

24Headway of bridge at Gainsborough

(1)Notwithstanding anything in section 92 (Regulating Construction of Bridge over the Trent for the Main Line) of the [1849 c. lxxxi.] Manchester, Sheffield, and Lincolnshire Railway Act 1849, the Board may position the new span so as to leave a headway—

(a)above the level of high water of the navigable waterway of the river of not less than 5 metres; and

(b)above the haling path on the north-east bank of the river of not less than 4·1 metres.

(2)(a)Sections 91 (Nothing to diminish rights of the River Trent Navigation Company, and for preventing Obstructions to the River Trent) and 96 (Providing Remedy in case of Obstruction to the River Trent) of the said Act of 1849 and section 26 (For protection of the Trent Navigation Company) of the [1895 c. cxlviii.] Manchester, Sheffield and Lincolnshire Railway Act 1895 shall cease to have effect in relation to the bridge.

(b)The said section 92 and section 97 (Recovery of costs, &c. for Obstructions by reason of the crossing of the Main Line) of the said Act of 1849 shall cease to have effect.

25Subsidiary works in river Trent

(1)Subject to subsection (2) below, the Board may in connection with the specified works, or at or near the bridge, upon any part of the land numbered on the deposited plans 3 in the parish of Bole, district of Bassetlaw, and 1 in the district of West Lindsey within the lines marked “Limit of temporary working site” on the deposited plans—

(a)execute and place temporarily in the river all such further works and conveniences as they find necessary or expedient; and

(b)dredge the river—

(i)to such extent as may be necessary; or

(ii)for the purpose of preserving uninterrupted navigation along the river beneath, and in the vicinity of, the bridge;

and may use, sell or otherwise dispose of or remove or deposit any materials taken up or collected by means of dredging as they think fit.

(2)In the exercise of the powers conferred by subsection (1) above the Board shall ensure, so far as is reasonably practicable, that—

(a)any works executed or maintained by them shall not unnecessarily narrow or obstruct the navigable waterway of the river or otherwise unnecessarily interfere with or impede navigation or unnecessarily obstruct the flow of water or the passage of fish;

(b)no materials taken up or collected in the course of any dredging operations shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the British Waterways Board.

(3)On the completion of the specified works the Board shall remove all temporary works placed by them in the river.

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