Water Act 2003

5 Rights of navigation, harbour and conservancy authorities E+W

For section 26 of the WRA (rights of navigation, harbour and conservancy authorities) there is substituted—

“26 Rights of navigation, harbour and conservancy authorities

(1) Subject to subsection (2) below, the restriction on abstraction shall not apply to any transfer, without intervening use, of water from inland waters described in the first column of the Table below to inland waters described in the corresponding entry in the second column, if the transfer is in the course of, or results from, any operations carried out by a navigation authority, harbour authority or conservancy authority in the carrying out of their functions as such an authority.

Transfer from	Transfer to
A water system of the authority's.	The same water system.
A water system of the authority's.	Inland waters not forming part of that water system.
A supply reservoir of the authority's.	A water system of the authority’s with which that reservoir is connected.

(2) Subsection (1) above shall not apply to a transfer of water from a water system to any inland waters outside that water system in order to—

(a) empty a dry dock; or

(b) introduce into those inland waters all or part of a quantity of water to be abstracted from any connected inland waters in pursuance of a licence to do so granted under this Chapter.

(3) The restriction on impounding works shall not apply to—

(a) the construction or alteration of impounding works; or

(b) the obstruction or impeding of inland waters by means of impounding works,

in the course of the performance by a navigation authority, harbour authority or conservancy authority of their functions as such an authority, unless the construction, alteration, obstruction or impeding affects any inland waters in relation to which the authority does not have functions.

(4) In this section, references to—

(a) an authority’s water system are to a water system in relation to which the authority has functions;

(b) an authority’s supply reservoir are to a reservoir—

(i) belonging to a navigation authority;

(ii) used for the purposes of supplying that navigation authority’s water system; and

(iii) which does not discharge to any inland waters other than that water system.

(5) For the purposes of this section, “water system” means the canals, the harbours, or the canals and harbours constituting the system in question—

(a) together with the locks, docks, balancing reservoirs, weirs and other works associated with the system (other than any supply reservoir as described in subsection (4)(b) above); but

(b) excluding any part of the system which consists of a navigable river or part of one.”

Commencement Information

I1 S. 5 in force at 1.1.2018 by S.I. 2017/1043, art. 2(a)