The River Colne Barrier (Wivenhoe) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order empowers the National Rivers Authority (“NRA”) to construct a flood barrier at Wivenhoe on the River Colne, Essex, together with ancillary works (Article 7) according to a deposited plan and deposited sections and, in connection with the barrier–

(a) enables NRA to acquire land and easements compulsorily (Articles 3, 4 and 5);

(b) provides for deviation from the deposited plans (Article 8);

(c) bestows subsidiary powers on NRA (Article 9), including power to use certain land for winning materials for the works, construct a drainage lagoon, provide navigation aids and provide facilities for a sailing club;

(d) provides for temporary stoppage of watercourses, roads and footpaths (Article 11) and for temporary closure of the river (Article 15);

(e) empowers NRA to dredge the river (Article 16), to remove vessels sunk and abandoned near the barrier gates (Article 17), and to close the barrier gates(Article 18) with the consent of the Colchester Port Authority (“CPA”) (consent not being needed at low water);

(f) amends the Act passed in 1847 conferring byelaw powers on the predecessors of the CPA, so as to enable byelaws to be made in respect of vessels passing through the barrier (Article 20);

(g) authorises agency agreements between NRA and Colchester Borough Council (Article 21);

(h) restricts the construction of tidal works by NRA (Article 24) and provides for their being marked by NRA under direction of Trinity House (Article 22) and surveyed by the Secretary of State for Transport (Article 23); and

(i) provides for the protection of CPA and river users (Article 28).

The offences under the Order (Articles 19 and 22) are unauthorised operation of barrier gates or interference with the barrier by any person (punishable by a fine of up to level 2 on the standard scale or by a term of imprisonment of up to 6 months or a fine or both on conviction on indictment) and failure on the part of NRA to comply with a direction of CPA on marking tidal works (punishable by a fine limited, if on summary conviction to level 2 on the standard scale).

Copies of the deposited plans and sections are available for inspection during office hours at the offices of the National Rivers Authority (Anglian Region) at Kingfisher House, Goldhay Way, Orton Goldhay, Peterborough, Cambridgeshire, PE2 0ZR, of the Ministry of Agriculture, Fisheries and Food, at Eastbury House, 30–34, Albert Embankment, London, SE1 7TL, and of the Department of Transport, at Sunley House, 90, High Holborn, London, WC1V 6LP.