Broads Authority Act 2009

12 As from the appointed day fixed for the purposes of section 35 amend Schedule 5 as follows—

(1) Substitute for paragraph 1(3) the words—

“1 (3) Subject to sub-paragraph (4) below, the Authority shall provide and maintain buoys, beacons and such other aids to navigation as it thinks necessary within the Norwich navigation and the Lower Bure.”.

(2) Substitute for paragraph 1(4) the words—

“1 (4) The Authority shall not provide, alter, discontinue the use of or remove any buoy, beacon or other aid to navigation for the purposes of the Norwich navigation and the Lower Bure without the written consent of Trinity House.”.

(3) Omit paragraphs 5 and 6.

(4) Substitute for paragraph 10(2)(b)(i) and (ii)—

“(i) for a total of more than six hours in any period of twenty four hours.”.

(5) At end of paragraph 10(2)(b)(iii) insert—

“(iv) without taking all reasonable measures—

(A) to minimise the duration of any restriction or prohibition of the use of the waterway; and

(B) to mitigate any effect of the exercise of the power on the use of the waterway by vessels not involved in the function; or”.

(6) In paragraph 12(1), after “abandoned” insert “or which is unserviceable”.

(7) After paragraph 12(5) insert—

“(5A) The expenses which may be deducted or recovered under sub-paragraph (5) shall include—

(a) all expenses reasonably incurred by the Authority in respect of the raising, removal, storage, disposal or destruction of the vessel;

(b) all administrative and legal costs reasonably incurred by the Authority in the exercise of those powers, or in connection with any legal proceedings brought by the Authority in relation to the vessel”.

(8) Omit paragraph 17.

(9) Omit paragraph 18.

(10) In paragraph 19(1), omit the word “Norwich” in the first place where it occurs.