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The Ouseburn Barrage Order 2007

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Extinguishment of navigation rights etc. in upstream Ouseburn

35.—(1) All rights of navigation over the upstream Ouseburn whether public or private and however arising shall be extinguished to the extent that such rights are adversely affected by reason of the construction or operation of the authorised works.

(2) Subject to paragraph (1), all public rights of navigation over the upstream Ouseburn are preserved and continue to be effective.

(3) The Council shall pay compensation to any person who suffers damage or loss by reason of the extinguishment of rights of navigation by virtue of paragraph (1) and any question as to the amount of compensation so paid shall be determined by the tribunal.

(4) In assessing any compensation payable under paragraph (3), the tribunal shall take account of—

(a)the extent to which the rights mentioned in paragraph (1) have been exercised during the period of 20 years calculated retrospectively from the date of the first impoundment; and

(b)the preservation of rights of navigation over the upstream Ouseburn for navigation by virtue of paragraph (2).

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