Countryside Act 1968

Water undertakers' reservoirs and other waters

22 Recreational facilities at water undertakers' reserviors and other waters

(1) Statutory water undertakers may, if it appears to them reasonable to do so—

(a) permit the use by members of the public, for the purposes of any form of recreation which the undertakers consider appropriate, of any reservoir or other waterway owned or managed by the undertakers, and of any land held with the waterway,

(b) provide, or otherwise make available, facilities or services for persons resorting to any such waterway for the purposes of any such form of recreation.

(2) For the purposes of subsection (1) above statutory water undertakers may set apart any land held by them and may provide, improve, alter, renew and maintain such buildings and other works and do such other things as may be necessary or expedient; and subsections (1) and (2) of section 271 of the [1936 c. 49.] Public Health Act 1936 (interpretation of " provide") shall apply for the construction of the foregoing provisions of this section as if all statutory water undertakers were councils and as if this section formed part of that Act.

(3) Statutory water undertakers may, if they think fit, make such reasonable charges as they may determine in respect of the use for the purposes of recreation, of any waterway or any land held with the waterway, and the use of any facilities or services made available by the water undertakers under subsections (1) and (2) above.

(4) Statutory water undertakers may let to any person, for such consideration and on such terms and conditions as they think fit, any works constructed by them for the purpose of providing facilities or services under subsections (1) and (2) above, and may authorise that person to make such reasonable charges as the undertakers may determine in respect of the use of the works.

(5) The powers of undertakers under subsections (1) and (2) above shall, in the case of a waterway which they manage but do not own, be exercisable only with the consent of the owners of the waterway.

(6) Statutory water undertakers may make byelaws with respect to any waterway owned or managed by them and any land held with the waterway, for the preservation of order, for the prevention of damage to land held with the waterway, or anything on or in the waterway or such land, and for securing that persons resorting to the waterway or such land will so behave themselves as to avoid undue interference with the enjoyment of the waterway or land by other persons, including (without prejudice to the generality of the foregoing provisions of this subsection) byelaws—

(a) regulating sailing, boating, bathing and fishing and other forms of recreation,

(b) prohibiting the use of the waterway by boats which are not for the time being registered with the undertakers in such manner as the byelaws may provide,

(c) preventing the passing into the water of any sewage or other offensive or injurious matter, whether solid or fluid,

(d) requiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution,

and the byelaws may authorise the making of reasonable charges in respect of the registration of boats in pursuance of the byelaws.

(7) Section 19 (without subsection (6)(b)) and section 20 of the [1945 c. 42.] Water Act 1945 shall apply to byelaws made under subsection (6) above, and shall so apply as if the byelaws were made under section 17 of that Act.

(8) Paragraphs (c) and (d) of subsection (6) above are without prejudice to the powers of making byelaws under section 18 of the Water Act 1945 (water pollution).

(9) Where, by provision contained in, or having effect under, any enactment concerning a reservoir or other waterway owned or managed by statutory water undertakers, some other statutory water undertakers are liable to contribute to the costs of constructing, operating and maintaining the reservoir or other waterway, the undertakers may make arrangements for sharing any expenditure incurred in, and any receipts arising from, the exercise of the powers conferred by this section.