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The Gosport Borough Council (Forton Lake Opening Bridge) Order 1999

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Temporary closing of Forton Lake in connection with works

7.—(1) Notwithstanding anything in any other enactment or in any rule of law, the Council may temporarily close Forton Lake, or any part thereof, to navigation in the course of executing any works or doing anything authorised by or under this Order.

(2) In exercise of the powers conferred by paragraph (1) above–

(a)the Council shall execute such works or do such things as may be required to ensure that at any time no more of Forton Lake is closed than is reasonably necessary in all the circumstances, and

(b)should it be necessary at any time to close the whole of Forton Lake to navigation, the Council shall use its best endeavours to secure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use Forton Lake.

(3) Before exercising the power conferred by paragraph (1) above the Council shall–

(a)publish a notice of its intention to do so in Lloyds List and once in each of two successive weeks in a local newspaper published or circulating in the borough of Gosport, with an interval between the dates of publication of not less than 6 clear days, and

(b)display notice of its intention in a conspicuous position adjacent to Forton Lake.

(4) Each of the notices required by paragraph (3) above shall–

(a)state that the Council intends to execute the works or to do anything authorised by or under this Order (as the case may be) and for that purpose to close temporarily Forton Lake or such part of Forton Lake as is specified in the notice to navigation, and

(b)specify a date, which shall be a date not earlier than 14 days after the last date on which a notice is published pursuant to paragraph (3)(a) above and the duration of the closure.

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