The Barking Barrage Order 1995

Extinguishment of navigation rights etc. in upstream river and repeal of Act of 1737

35.—(1) All rights of navigation or access over and along the upstream river whether public or private and however arising shall be extinguished to the extent that such rights are adversely affected by reason of the construction or operation of the authorised works.

(2) For the avoidance of doubt it is hereby confirmed that all public rights of navigation over and along the upstream river are preserved and continue to be effective, save as expressly extinguished by or in accordance with this Order.

(3) The Borough shall pay compensation to any person who suffers damage by reason of the extinguishment effected by this article and any question as to the amount of compensation so paid shall be determined by the tribunal.

(4) In assessing any compensation payable under paragraph (3) the tribunal shall take account of—

(a) the extent to which the rights mentioned in paragraph (1) have been exercised; and

(b) the availability of the upstream river for navigation as provided in this Order.

(5) The Act passed in the year 1737 in the tenth year of the reign of King George II and entitled “An Act for making Navigable the River Roding, from a little below a Mill called Barking Mill in the County of Essex, to Ilford Bridge in the said County” is repealed from the date of the coming into force of this Order.

(6) Notwithstanding the repeal of the Act of 1737 by virtue of paragraph (5)—

(a) riparian owners on the upstream river shall continue to have the right to keep vessels for non-commercial purposes and pass over the river toll-free with those vessels; and

(b) the rights of fishing and fowling on the upstream river enjoyed before the Act of 1737 by the Lord or Lords of the Manor or Manors and owners or other persons entitled to such rights are preserved

as if the said Act had not been repealed.