PART 2ESTUARY REGULATION

General functions of the Natural Resources Body for Wales in relation to the conservancy undertaking4

1

The Natural Resources Body for Wales continues to be the conservancy authority, harbour authority and local lighthouse authority for the estuary (referred to in this Order as “the conservancy authority”), pursuant to the 1889 Act and this Order and may, subject to the provisions of this Order, take all such steps from time to time as it may consider necessary or desirable for the—

a

conservancy, maintenance, protection, regulation, operation, management and improvement of the estuary and its facilities, including recreational facilities; and

b

conservation of the estuary’s flora, fauna and geological and physiographical features of special interest.

2

For the purposes mentioned in paragraph (1) but without limiting its scope, the conservancy authority may—

a

improve, maintain, regulate, manage, mark and light the estuary;

b

subject to obtaining the necessary rights in or over land—

i

execute and place in and over the estuary such structures, works and equipment as are required; and

ii

operate, maintain, renew, alter, extend, demolish, remove and reconstruct structures, works and equipment in the estuary (including those executed or placed in accordance with sub-paragraph (i)); and

c

do all other things which in its opinion are expedient to facilitate the operation, improvement or development of the conservancy undertaking.

3

The conservancy authority may, from time to time, formulate and publish a management plan in relation to its conservancy, maintenance, protection, regulation, operation, management and improvement of the conservancy undertaking.

4

In exercising its powers under paragraph (2)(b), the conservancy authority may not—

a

interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker, or

b

do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus,

without the consent of the statutory undertaker concerned.