PART 1Preliminary

1Short and collective titles

(1)This Act may be cited as the Broads Authority Act 2009.

(2)The 1988 Act and this Act may be cited together as the Broads Authority Acts 1988 and 2009.


(1)In this Act, unless the context otherwise requires, words and expressions to which meanings are given by the 1988 Act have the same respective meanings, and—

(2)For the purposes of this Act “adjacent waters” means any broad, dyke, marina or other substantially enclosed waters connected to the navigation area and from which a vessel may be navigated (whether or not through a lock, moveable barrier or any other work) into the navigation area but does not include—

(a)the river Waveney upstream of Geldeston lock; or

(b)the river Tas upstream of Trowse Bridge; or

(c)any waters under the jurisdiction of Associated British Ports or the Great Yarmouth Port Authority; or

(d)any waters which are used, for mooring or navigation, only by the owner of the land upon which those waters are situated; or

(e)any waters which are used, for mooring or navigation, only by an occupant of an adjoining residential dwelling.

(3)Nothing in this Act shall have the effect of constituting the Authority as harbour authority or navigation authority for any adjacent waters.

3Appointed day

(1)For the purposes of any provision of this Act, and of any provision of the 1988 Act which is amended by this Act, “the appointed day”, in relation to that provision, means such day (not earlier than 3 months after the passing of this Act) as may be fixed for the purposes of that provision in accordance with subsection (2) by resolution of the Authority.

(2)The Authority shall publish in a newspaper circulating in the area of the Broads and in the London Gazette notice—

(a)of the passing of any such resolution and of the day fixed thereby; and

(b)of the general effect of the provision for the purposes of which the day has been fixed;

and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice in the London Gazette.

(3)A photostatic or other reproduction certified by the proper officer to be a true reproduction of a page or part of a page of any such newspaper or London Gazette, being a page or part of a page bearing the date of its publication and containing the notice mentioned in subsection (2), shall be evidence of the publication of the notice and of the date of publication.