The Ouseburn Barrage Order 2007

Power to operate scheduled works

33.—(1) The Council may operate the scheduled works and among other things may—

(a) open or close the lock gates; and

(b) regulate the water level in so much of the Ouseburn as is impounded by the scheduled works.

(2) The power contained in paragraph (1) shall be exercised so as to safeguard and improve the environment and amenities of the Ouseburn.

(3) Paragraph (2) shall not prevent the exercise of the power contained in paragraph (1) in order—

(a) to prevent or alleviate any emergency;

(b) to release flood water;

(c) to ascertain the safest and most effective ways of using the scheduled works, to test its working or to train staff in its operation;

(d) to facilitate the construction, maintenance or re-laying of any works in or beside the upstream Ouseburn; or

(e) to secure and maintain satisfactory navigation in the vicinity of the scheduled works and the upstream Ouseburn.

(4) When operating the scheduled works the Council shall have regard to—

(a) the safety of vessels in, or passing to or from, the upstream Ouseburn or on the Ouseburn downstream of the scheduled works;

(b) the requirements of vessels in, or passing to or from, the upstream Ouseburn (including the need to have freedom of access to moorings and berths in the upstream Ouseburn);

(c) the desirability of developing and conserving flora and fauna in the upstream Ouseburn; and

(d) any reasonable request of—

(i) the Port Authority or other navigation authority for the Ouseburn for the time being for or in connection with their functions;

(ii) the police or other emergency services;

(iii) the Port Health Authority;

(iv) the Environment Agency; and

(v) Northumbrian Water.

(5) The Council shall operate the scheduled works in accordance with—

(a) any reasonable request of the Environment Agency or Northumbrian Water in order—

(i) to protect the quality of water in the Ouseburn;

(ii) to protect fish in the Ouseburn;

(iii) to prevent backflow into the sewerage system; or

(iv) to enable Northumbrian Water to undertake maintenance to the sewerage system;

(b) any reasonable requirement of the Port Authority as to the general programme for the operation of the scheduled works in order to secure satisfactory navigation in the Ouseburn.

(6) Subject to paragraph (7), notice of a request under paragraph (5)(a)—

(a) shall be given in writing by a duly authorised officer of the Environment Agency or as the case may be of Northumbrian Water; and

(b) shall be given as long as possible, but in any case not less than 24 hours, before the request is to be complied with.

(7) (a) In an emergency, upon receipt of a request from either the Environment Agency or the Port Authority to operate the scheduled works, the Council shall as soon as practicable operate the scheduled works in accordance with such request.

(b) A request made pursuant to sub-paragraph (a) may be given orally by a duly authorised officer of the Environment Agency or the Port Authority but if so given it shall be confirmed in writing as soon as practicable thereafter.

(8) The Council shall consult Natural England to seek their view as to ways in which the scheduled works may be operated so as to develop and conserve flora and fauna in the upstream Ouseburn.

(9) The Council shall give to the Environment Agency and the Port Authority as much notice as is reasonably practicable in the circumstances of its intention to operate both lock gates simultaneously for the following purposes—

(a) enabling experiments to be carried out for or in connection with the development of the most effective use of the scheduled works;

(b) testing the scheduled works;

(c) exercising and instructing staff in the operation and control of the scheduled works;

(d) maintaining, the scheduled works, on such occasions as may be reasonably necessary, or removing the scheduled works;

(e) enabling statutory undertakers to place or maintain, apparatus in, on, under or over the Ouseburn;

(f) removing any debris or deposit of silt which may accumulate in the Ouseburn;

(g) combating an emergency (including one where a request has been made under paragraph (7)); or

(h) enabling riparian owners and others so entitled to repair walls and carry out other works in the upstream Ouseburn.

(10) The Port Authority shall have regard to any notice given under paragraph (9) in exercising its powers to regulate the movement of vessels on the Ouseburn.

(11) Subject as otherwise expressly provided in this Order, no liability shall arise in respect of any costs, damages, losses or expenses incurred by any person as a direct or indirect result of—

(a) any obstruction to, delay of, or other interference with the passage of vessels; or

(b) any change in the level of water in the upstream Ouseburn,

occasioned by the operation of the scheduled works unless the costs, damages, losses or expenses are incurred by reason of negligence in its operation.