The Barking Barrage Order 1995

Byelaws

42.—(1) In this article, the “upstream river” shall mean the whole or any specified part of the upstream river.

(2) The Borough may make byelaws in relation to the upstream river in accordance with section 236 of the Local Government Act 1972(1) in connection with this Part of this Order and its functions as a navigation authority (as defined in section 221 of the Water Resources Act 1991) for all or any of the following purposes—

(a) for securing the conservation and improvement of the upstream river and its amenities for the purposes of recreation, for prohibiting or regulating recreational activities and for promoting the ease, convenience and safety of navigation;

(b) for regulating the navigation of the upstream river and for the prevention of obstruction to such navigation or a footpath adjoining the upstream river;

(c) for regulating the speed and movement of vessels on the upstream river;

(d) for requiring the registration of, or of any class of, vessels including houseboats, the renewal and revocation of registration, and for prohibiting the use for navigation of the upstream river by vessels which are required to be but are not registered with the Borough;

(e) for prescribing, after consultation with the fire authority, precautions for the prevention of fire and precautions to be taken in cases of fire or accident occurring in or to any vessel;

(f) for prescribing the conditions on which vessels providing sleeping accommodation (whether or not being houseboats) shall be allowed on the upstream river and for prohibiting the mooring of such vessels for overnight use on the upstream river except at places approved by the Borough or unless suitable and sufficient sanitary conveniences exist or are provided upon the land adjacent to the point of mooring for the use of the occupants of such vessels;

(g) for preventing or controlling pollution, including the provision of sanitary appliances, by vessels on the upstream river;

(h) for regulating the launching of vessels within the upstream river, the placing, maintenance and use of mooring and the use of pontoons, slipways and landing places;

(i) for securing the safety of vessels and persons using, and of property within, the upstream river;

(j) for prohibiting or regulating the discharge into the upstream river of any material or substance;

(k) for requiring the use of effectual silencers and the control of noise generally on vessels in the upstream river;

(l) for preventing damage to any land or property situated in or about the upstream river;

(m) for preserving flora and fauna in, or on the banks of, the upstream river;

(n) for regulating the passage of vessels, or any class of vessels, through the barrage gates or over or through other structures, works or apparatus in the upstream river, either generally or in circumstances prescribed by the byelaws;

(o) for the licensing of works in the upstream river or related to its banks and prohibiting unlicensed works;

(p) for the control and removal of private moorings;

(q) for the repair and removal of landing places and embankments;

(r) for the removal of projections over the upstream river or any footpath adjoining the upstream river;

(s) for the making and recovery of reasonable charges in respect of the use of the upstream river or properties occupied or used by or on behalf of the Borough in connection with the upstream river.

(3) (a) The Borough shall not make any byelaws under this article without the consent of the River Authority and the Port Health Authority.

(b) The Borough shall not make any byelaws without the consent of the Port Authority in respect of the whole or any part of the upstream river where it lies within the limits of the Port Authority as defined by the Act of 1968.

(c) Where a proposed byelaw will affect the upstream river or any footpath adjoining the same within the boundaries of Redbridge, such byelaw shall not be made without the consent of Redbridge, such consent not to be unreasonably withheld.

(d) Where a proposed byelaw will affect the railway survey area, as defined in article 74, such byelaw shall not be made without the consent of the Railway Undertaker, such consent not to be unreasonably withheld.

(4) The River Authority and the Port Health Authority shall not withhold their consent to the making of any byelaw except on the ground that it conflicts with or duplicates a byelaw of that authority; and any unresolved question whether there is any such conflict or duplication shall be determined by the Secretary of State.

(5) (a) Nothing in any byelaw made under this article shall apply to anything done by the Port Authority in the exercise of any of their statutory functions or be of any effect if and in so far as it affects the operation of, or is inconsistent with, any byelaw of the Port Authority for the time being in force.

(b) No byelaw made under this article shall entitle the Borough to charge for the registration of any vessel used for non-commercial purposes and owned by a riparian owner on the river upstream of the barrage within Redbridge nor for the use of the upstream river for navigation by such owner in any such vessel.

(c) No byelaw made under paragraph (2)(d) shall apply to boats used by the River Authority, the Port Authority or the Port Health Authority in the exercise of their statutory functions and no byelaw under paragraph (2)(o) shall apply to works executed or authorised by the Port Authority or executed by the River Authority or the Port Health Authority in pursuance of their statutory functions.

(d) In making any byelaws under this article the Borough shall take into account matters relating to public safety and any reasonable requirements of the Crown, the River Authority, the Railway Undertaker, the Port Authority and the Port Health Authority.

(e) Where a proposed byelaw will affect the upstream river where it is subject to Crown interests such byelaw shall not be made without prior consultation of the Crown.

(6) Byelaws made under paragraph (2)(d) may authorise the Borough—

(a) to make reasonable charges in respect of the regulation of vessels, including different charges for the use of the upstream river by vessels of different descriptions;

(b) to attach conditions to the registration of vessels, and to make registration revocable in circumstances specified in the byelaws;

(c) to grant exemptions from the requirements of registration;

(d) to inspect vessels or have them inspected on behalf of the Borough in connection with their registration; and

(e) to require notice of the transfer or sale of any vessel so registered to be given to the Borough.

(7) (a) Nothing in any byelaws made under paragraph (2)(d) shall require the registration of—

(i) any newly constructed or newly restored vessel in respect of any bona fide trial trip of such vessel on the upstream river;

(ii) any vessel in respect of its movement from any boat-builder’s yard on the upstream river to any other place thereon with a view to its immediate removal from the upstream river; or

(iii) any vessel for the purpose of its participation in any regatta or boat race.

(b) Not less than 48 hours' notice in writing shall be given to the Borough of the intention to make such trip, move such vessel or use it in such regatta or boat race, and any conditions specified by the Borough in that behalf shall be complied with.

(8) Any charge payable in respect of a certificate of registration issued under byelaws made under this article shall be recoverable by the Borough from the owner of the vessel so registered or other person who has applied for its registration.

(9) Byelaws made under this article may relate to the whole of the upstream river and the banks thereof, or to any part thereof, and may make different provisions for different parts.

(10) Byelaws made under this article may provide for the imposition on any person offending against any byelaws of a fine on summary conviction not exceeding level 3 on the standard scale.

(11) The Secretary of State may charge the Borough a reasonable fee for the purpose of defraying any administrative expenses incurred by him in respect of byelaws made under this article which are submitted to him for confirmation.

(1)

1972 c. 70.