The Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992
Citation and commencement1.
This Order may be cited as the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992 and shall come into force on 1st January 1993.
Descriptions of works2.
The Secretary of State hereby prescribes works of the following descriptions for the purposes of section 3(1)(b)(ii) of the Act:
(a)
barrage;
(b)
bridge;
(c)
cable;
(d)
land reclamation;
(e)
navigational aid;
(f)
offshore installation;
(g)
pier;
(h)
pipeline;
(i)
tunnel;
(j)
utilities structure.
Interpretation3.
(1)
In this Order—
“barrage” includes a dam, weir, barrier, embankment, breakwater and any other structure for impounding, or diverting or controlling the flow of, water;
“bridge” includes a viaduct, an aqueduct and a gantry and the abutments of and approaches to a bridge;
“cable” means a telegraph, telephone or electric power cable (whether submerged or airborne), an aerial cableway or a cable or chain used to guide a ferry;
“land reclamation” means works for restoring or converting to dry land or to a polder areas of land which are continuously or intermittently covered by water and also means other works in, on or over such land;
“navigational aid” means any structure or device (whether fixed or floating) providing a light, sound or other signal or other aid for the safety of navigation in or over water or in the air;
“pier” includes a jetty, quay, wharf, mole, staging, slipway and any similar structure, device or facility (whether fixed or floating) used for the mooring, landing, launching or beaching of vessels or for promenading or other recreational purposes;
“tunnel” means a tunnel for the passage of vehicles, persons on foot or animals and includes a submerged tube used for any of those purposes, the approaches to a tunnel and works for the operation or protection of a tunnel; and
“utilities structure” means a structure or plant, whether attached to dry land or otherwise and whether fixed or floating, used, or intended to be used, or which has been used, for a transport, communications, electricity generation, water extraction (including desalination), waste disposal or similar purpose.
(2)
In this Order, references to “works” are to be construed as including the construction, emplacement, removal, demolition, alteration or modification of the works in question, or of any part thereof, and any works ancillary thereto.
Signed by authority of the Secretary of State for Transport
This Order applies the provisions of Part I of the Transport and Works Act 1992 (“the Act”) (which provides for the making of orders authorising the construction and operation of certain systems of transport and of inland waterways and the carrying out of works which interfere with rights of navigation in waters within or adjacent to England and Wales up to the seaward limits of the territorial sea) to those works which interfere with rights of navigation of a description prescribed in the Order.
The works so prescribed are barrages, bridges, cables, land reclamation, navigational aids, offshore installations, piers, pipelines, tunnels and utilities structures. A more detailed description of each of these terms appears in article 3 of the Order. Authority for the carrying out of some of these works may be secured under other enactments and section 13(2) of the Act provides that in such circumstances the Secretary of State may determine not to make an order applied for under the Act in respect of those works. The scope of the Order is further constrained by section 3(2) of the Act, which prevents the Secretary of State from making an order under the Act if the primary object of the order could be achieved by means of an order under the Harbours Act 1964 (c. 40).