The Wye Navigation Order 2002

Explanatory Note

(This note is not part of the Order)

This Order is made under sections 3 and 5 of the Transport and Works Act 1992, and it relates to those rivers in the Wye Catchment which are “inland waterways” (a term defined in that Act). An illustrative map

of the Wye Catchment is attached to this Explanatory Note.

Part II provides for there to be a statutory advisory committee, which must be consulted by the Environment Agency on all matters substantially affecting the operation of the rivers as inland waterways. It also provides for the Agency to prepare and publish a plan setting out its policy regarding the exercise of its functions with respect to those waterways under, or as a result of, the Order.

Parts III and IV confer on the Agency certain additional functions in relation to the navigation and use of the river Wye between Bigsweir Bridge (the tidal limit) and Hay Town Bridge and the river Lugg between its confluence with the river Wye and Presteigne Town Bridge. These functions are in addition to the Agency’s general functions, exercisable in England and Wales, with respect to—

(a) water resources and water pollution, by virtue of the Water Resources Act 1991 and the Environment Act 1995;

(b) flood defence and land drainage, by virtue of the Water Resources Act 1991, the Land Drainage Act 1991 and the Environment Act 1995;

(c) fisheries, by virtue of the Salmon and Freshwater Fisheries Act 1975, the Environment Act 1995 and other enactments; and

(d) conservation and recreation, by virtue of the Environment Act 1995.

In carrying out these additional functions the Agency will be subject to those general provisions of the Environment Act 1995 and other enactments which apply to all of its functions, such as its general environmental and recreational duties under section 7 of that Act.

Part V modifies the Agency’s existing power to make byelaws under paragraph 1 of Schedule 25 to the Water Resources Act 1991 (Byelaws for regulating use of inland waters) in relation to those parts of the rivers Wye and Lugg upstream of Hay Town Bridge and Presteigne Town Bridge respectively, and the tributaries of both rivers, which are inland waterways.

Part VI contains a number of miscellaneous provisions, including the repeal of some local Acts of Parliament, or parts of them. The repeal of the two oldest Acts set out in Schedule 2 (ie those enacted in 1662 and 1695) is subject to two savings in relation to the upper rivers and the tributaries; the saved text is set out in article 38(2) (in relation to the 1662 Act) and 38(3) (in relation to the 1695 Act).