Norfolk and Suffolk Broads Act 1988

Section 2(3).

SCHEDULE 2 E+W Variation of Area Treated as the Broads

Part I E+W Variation of Area Shown on Deposited Map

1 E+W The area which is shown coloured pink on Sheet 37 of the deposited map is varied by the omission of the following land at Lowestoft in the district of Waveney—

(a) the stretch of the highway known as Bridge Road between its junction with Commodore Road and the southern boundary of the curtilage of the Post Office south of Mutford Lock together with the land to the east of Bridge Road; and

(b) the area (consisting of Mutford Lock and adjoining land owned by Associated British Ports) which is shown hatched and edged red on the plan signed in duplicate by David Patrick Walley, an Assistant Secretary in the Department of the Environment, and Reginald Vivian Pearce, the Solicitor to Associated British Ports, copies of which have been deposited in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

2 E+W The area which is shown coloured pink on Sheet 24 of the deposited map is varied by the omission of the stretch of the river Yare lying downstream of a notional line drawn between grid references TG 51873 7808 and TG 51959 07859.

Part II E+W Variation by Order

3 E+W Where [F1 Natural England ] has received a proposal from the Authority that the area which constitutes the Broads (for the purposes of this Act) should be varied, it shall consider the proposal and either reject it or conduct a review under this Schedule.

Textual Amendments

F1 Words in Sch. 2 para. 3 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(a); S.I. 2006/2541, art. 2 (with Sch.)

4 E+W Where [F2 Natural England ] conducts a review under this Schedule it shall take such steps as it considers appropriate to secure that those persons who appear to it to have an interest in the proposal being reviewed—

(a) are informed of the proposal; and

(b) are given an opportunity to make representations on it within such a reasonable period as may be specified by [F2 Natural England ].

Textual Amendments

F2 Words in Sch. 2 para. 4 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(b); S.I. 2006/2541, art. 2 (with Sch.)

5 E+W [F3 Natural England ] shall have regard to any representations duly made to it under paragraph 4 above.

Textual Amendments

F3 Words in Sch. 2 para. 5 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(b); S.I. 2006/2541, art. 2 (with Sch.)

6 E+W Where, following the review of any proposal under this Schedule, [F4 Natural England ] considers that the proposal should be adopted (either as originally made or as modified by [F4 Natural England ] in consequence of its review), it may notify the Secretary of State to that effect.

Textual Amendments

F4 Words in Sch. 2 para. 6 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(b); S.I. 2006/2541, art. 2 (with Sch.)

7 E+W The Secretary of State may by order give effect to any proposal of which he is notified by [F5 Natural England ] under paragraph 6 above; and in doing so the Secretary of State may modify the proposed variation in such manner as he thinks fit.

Textual Amendments

F5 Words in Sch. 2 para. 7 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(b); S.I. 2006/2541, art. 2 (with Sch.)

8 E+W Before deciding whether or not to give effect to any such proposal the Secretary of State may hold a local inquiry.

9 E+W Without prejudice to the generality of section 24(3) of this Act, an order under paragraph 7 above may make such amendments in, and repeals of, local enactments as the Secretary of State considers appropriate in consequence of the order.

10 E+W Before making to [F6 Natural England ] any proposal of any kind mentioned in paragraph 3 above, the Authority shall consult—

(a) each of the appointing authorities other than the Secretary of State; and

(b) the internal drainage board for any internal drainage district which appears to the Authority to be likely to be affected by the proposal.

Textual Amendments

F6 Words in Sch. 2 para. 10 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 113(b); S.I. 2006/2541, art. 2 (with Sch.)