The River Colne Barrier (Wivenhoe) Order 1991

As to operation of barrier

18.—(1) Notwithstanding anything to the contrary in any other enactment or in any rule of law, the Rivers Authority may use and operate the barrier, and, in particular, the barrier gates may be closed by the Rivers Authority for such periods as they consider necessary or desirable–

(a) at any time when it appears to the Rivers Authority that there is reason to believe that unless the barrier gates are closed floods or inundations may be caused upstream of the barrier, or in any other case of emergency;

(b) for the purpose of enabling experiments to be carried out for or in connection with the development of the most effective use of the barrier for defence against floods or inundations;

(c) for the purpose of testing the barrier;

(d) for the purpose of exercising and instructing staff in the operation and control of the barrier;

(e) for the purpose of maintaining, extending, enlarging, altering, replacing, repairing or renewing the barrier, on such occasions as may be reasonably necessary, or for the purpose of removing the barrier,

and for no other purpose and may be so closed notwithstanding that the river or any part thereof will thereby be closed to navigation and that the passage of vessels in the river may thereby be obstructed, delayed or interfered with, and neither the Rivers Authority nor the Colchester Port Authority shall, as a result of such closures, be liable for any costs, damages or expenses whatsoever incurred by any person as a result, directly or indirectly, of such obstruction, delay or interference.

(2) In and for the purpose of determining in any case when or at what state of the tide, and for how long, the barrier gates are to be closed, and when or at what state of the tide they are to be reopened after any such closure, the Rivers Authority shall, subject to the provisions of sub-paragraph (a) of the foregoing paragraph, use their best endeavours to secure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use the river.

(3) (a) The barrier gates shall not be closed for any of the purposes mentioned in subparagraphs (b) to (e) of paragraph (1) of this Article without the consent of the Colchester Port Authority except that such consent shall not be required when the barrier gates are closed at low water if the operation of closing the barrier gates is not commenced until ninety minutes before the predicted time for low water and the operation of opening the barrier gates is completed not later than ninety minutes after low water and for the purposes of this sub-paragraph the predicted time of low water shall be deemed to be six hours after the predicted time for the previous high water at Colchester as given in any official tidal publication.

(b) A consent to the Colchester Port Authority which is required under subparagraph (a) of this paragraph shall not be unreasonably withheld and may be given subject to reasonable terms and conditions; any question as to whether the consent is unreasonably withheld or whether or not any terms or conditions are unreasonable shall in default of agreement be referred to and determined by the Ministers after affording to the Colchester Port Authority and the Rivers Authority an opportunity of appearing before and being heard by a person appointed for that purpose.

(4) (a) The Rivers Authority shall give to the Colchester Port Authority the required notice of their intention to close the barrier gates and of their intention to reopen them after such closure.

(b) The required notice shall be–

(i) in the case of a closure under sub-paragraph (a) of paragraph (1) of this Article, such notice as is reasonably practicable but it need not be in writing;

(ii) in the case of a closure for any of the purposes mentioned in sub-paragraph (b) to (e) of the said paragraph (1) not requiring the consent of the Colchester Port Authority, notice given not less than 24 hours before the closure operation commences and such notice need not be in writing; and

(iii) in the case of a closure under the said sub-paragraphs (b) to (e) requiring the consent of the Colchester Port Authority, notice given not less than fourteen days before the closure operation commences and such notice shall be in writing.

(c) The Colchester Port Authority shall be under a duty to take such steps to regulate the movement of vessels using the river as they may consider necessary or desirable in the light of the required notice.