SCHEDULES

SCHEDULE 13 Order Relating to Inland Waterways

Consultation

2

(1)

In the case of a proposed order under section 104(3) adding to or reducing the waterways in Part I of Schedule 12 to this Act, the Minister shall consult with any organisation appearing to him to represent persons operating, or (in relation to a waterway which is to be added) desiring to operate, commercial freight-carrying vessels on the waterway in respect of which the order is to be made.

(2)

In the case of a proposed order under section 104(3)—

(a)

adding to or reducing the waterways in Part II of that Schedule; or

(b)

removing from Part I without adding to Part II thereof a waterway which is to a substantial extent used by cruising craft,

the Minister shall consult with the Inland Waterways Amenity Advisory Council, consultation in a case within paragraph (b) above being limited to the effect of the proposed order on such use as is mentioned in that paragraph.

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In the case of a proposed order under section 105(3)—

(a)

in respect of a commercial waterway or any part thereof, the Minister shall consult—

(i)

with any organisation appearing to him to represent persons operating commercial freight-carrying vessels on that waterway or part; and

(ii)

if the waterway or part is to a substantial extent used by cruising craft, with the said Council as to the effect of the proposed order on such use as aforesaid;

(b)

in respect of a cruising waterway or any part thereof, the Minister shall consult with the said Council.

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In the case of a proposed order under section 112 in respect of a canal or part of a canal (within the meaning of that section) which appears to the Minister to be used to a significant extent for the purpose of navigation, the Minister shall consult with any organisation appearing to him to represent persons using it as aforesaid.