Transport and Works Act 1992 (c. 42)

Part I E+W+S Orders authorising works etc

Commencement Information

I1 Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1

Power to make orders E+W+S

3 Orders as to inland waterways etc. E+W+S

(1) The Secretary of State may make an order relating to, or to matters ancillary to—

(a) the construction or operation of an inland waterway in England and Wales;

(b) the carrying out of works which—

(i) interfere with rights of navigation in waters within or adjacent to England and Wales, up to the seaward limits of the territorial sea, and

(ii) are of a description prescribed by order made under section 4 below.

[F1 (1A) Subsection (1) is subject to—

(a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);

(b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders).]

(2) The Secretary of State shall not make an order under this section if in his opinion the primary object of the order could be achieved by means of an order under the M1 Harbours Act 1964.

(3) The power to make orders under this section shall be exercisable by statutory instrument.

Textual Amendments

F1 S. 3(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 53 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

Modifications etc. (not altering text)

C1 S. 3 restricted (1.12.1998) by 1998 c. 38, s. 37(3); S.I. 1998/2789, art. 2

C2 S. 3 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Commencement Information

I2 Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

Marginal Citations

M1 1964 c. 40.