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Part IIE+W Navigation

8 The navigation area.E+W

(1)In this Act “the navigation area” means, subject to any variation for the time being in force by virtue of an order under subsection (3) below—

(a)those stretches of the rivers Bure, Yare and Waveney, and their tributaries, branches and embayments (including Oulton Broad) which, at the passing of this Act, were in use for navigation by virtue of any public right of navigation;

(b)the banks of the waterways which make up those stretches; and

(c)Haddiscoe New Cut and its banks; F1[F2...

(d)Breydon Water and the Lower Bure] [F3; and

(e)Mutford Lock and the adjoining land as defined in article 2 of the Broads Authority (Transfer of Mutford Lock) Harbour Revision Order 2021.]

but does not include any part of the Haven or [F4except in relation to paragraph (e)] any part of any bank which lies above the level of mean high water spring tides (in the case of a tidal waterway) or above the mean water level (in any other case).

(2)In this Act “the Norwich navigation” means that part of the river Wensum which is downstream from Foundry Bridge together with that part of the river Yare which is both downstream from its confluence with the river Wensum and within the navigation area.

(3)In response to any proposal made to him by the Authority for the variation of the navigation area in a manner which does not affect its boundary with the Haven, the Secretary of State may by order vary the navigation area in accordance with the proposal.

(4)Before making any such proposal, the Authority shall consult the Navigation Committee.

(5)Subject to any provisions made by or under this Act, the navigation area shall be open to any person (upon payment by him of all navigation charges) for—

(a)navigation;

(b)the shipping and unshipping of goods; and

(c)the embarking and landing of passengers.

(6)The navigation area shall not be open for the navigation of any hovercraft or any other prescribed class or description of craft.

[F5(7)Subsection (5) above does not apply in relation to Haddiscoe New Cut.]

(8)The Secretary of State shall not prescribe any class or description of craft for the purposes of this section if at any time before the passing of this Act craft of that class, or (as the case may be) description, have been habitually used within any part of the Broads.

(9)In this section—

(10)The Great Yarmouth Port and Haven Acts and Orders 1866 to 1986 shall not apply in relation to any part of the navigation area.

Textual Amendments

F2S. 8(1)(d) and word inserted (coming into force in accordance with s. 3, Sch. 7 para. 3 of the amending Act) by Broads Authority Act 2009 (c. i), Sch. 7 para. 3(1) (with ss. 2(3), 16(3), 42, Sch. 6 Pts. 2, 3)

F5S. 8(7) repealed (coming into force in accordance with ss. 3, 36(2), 43(4), Sch. 7 para. 3 of the repealing Act) by Broads Authority Act 2009 (c. i), ss. 3(1), 36(2)(a)(ii)(aa), Sch. 7 para. 3(2), Sch. 8 Pt. 2 (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)

Modifications etc. (not altering text)

C1S. 8(5) applied (coming into force in accordance with s. 3 of the amending Act) by Broads Authority Act 2009 (c. i), s. 36(2)(b) (with ss. 2(3), 16(3), 42, Sch. 6 Pts. 2, 3)