(1)In this Part of this Act " navigable waters " and " navigable watercourse" means waters or a watercourse, as the case may be, over which a public right of navigation exists ; and any waterway comprised in the undertaking of the British Waterways Board which is for the time being specified in Part I or Part II of Schedule 12 to the [1968 c. 73.] Transport Act 1968 (commercial and cruising waterways) is to be deemed to be navigable waters and a navigable watercourse for the purposes of this Part of this Act.
(2)References in this Part of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are to be construed in accordance with section 106(8) above.