108 Prevention of nuisance as respects certain waterways.E+W+S
(1)Subject to subsection (3) of this section, any inland waterway in England or Wales comprised in the undertaking of [F1Canal & River Trust] which is not a commercial waterway or cruising waterway shall be deemed to be—
(a)a watercourse for the purposes of section 259 of the M1Public Health Act 1936; and
[F2(b)land to which section 215 of the Town and Country Planning Act 1990 applies;]
and the provisions of Part III of the [F3Environmental Protection Act 1990], as they apply by virtue of this subsection, may be enforced by a county council as well as by a local authority as defined in that Act, and any local authority within the meaning of [F4the said Act of 1990] (and not only the local planning authority) shall be entitled to enforce the provisions of [F4the said section 215] as it applies by virtue of this subsection.
(2)Subject to subsection (3) of this section, any inland waterway in Scotland comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway shall be deemed to be—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(b)land to which section 179 of the Town and Country Planning (Scotland) Act 1997 applies;]
and any local authority within the meaning of [F7the said Act of 1997] (and not only the local planning authority) shall be entitled to enforce the provisions of [F8the said section 179] as it applies by virtue of this subsection.
(3)This section shall not apply to any waterway which has been closed to navigation under any local enactment before the date on which this section comes into force if the use of the waterway has been changed between the passing of that enactment and that date in pursuance of planning permission granted under [F9Part III of the Town and Country Planning Act 1962 or] [F10Part II of the Town and Country Planning (Scotland) Act 1947; and] and this section shall cease to apply to any waterway if the use thereof is changed after that date in pursuance of such permission as aforesaid.
(4)This section shall have effect to the exclusion of any provision for similar purposes in any local enactment passed before the date on which this section comes into force in relation to any waterway to which this section applies.
Textual Amendments
F1Words in s. 108(1) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 41 (with arts. 4-6)
F2S. 108(1)(b) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 22(2)(a)
F3Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 10(3)
F4Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 22(2)(a)
F5S. 108(2)(a) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1
F6S. 108(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(i)
F7Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(5), Sch. 2 para. 17(1)(a)(ii)
F8Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(ii)
F9Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 22(2)(b)
F10By 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(b) it is provided (27.5.1997) that the words “Part II of the Town and Country Planning (Scotland) Act 1947; and" are substituted for the words from “Part II" to “1947; and"
Marginal Citations