The Wye Navigation Order 2002

For protection of Dŵr Cymru Cyfyngedig

30.—(1) For the protection of Dŵr Cymru the following provisions, unless otherwise agreed in writing between the Agency and Dŵr Cymru, apply and have effect.

(2) The Agency shall, except in a case of urgency where it is not reasonably practicable to do so, consult Dŵr Cymru in relation to the discharge of the functions of the Agency under this Order which may substantially affect the functions of Dŵr Cymru.

(3) The Agency shall in particular consult Dŵr Cymru on—

(a) proposals—

(i) to construct or license works in the principal rivers;

(ii) to lay down, alter or interfere with moorings in those rivers;

(iii) to make byelaws under article 17; or

(iv) to make byelaws in relation to the upper rivers and the tributaries pursuant to its powers under paragraph 1 of Schedule 25 to the Water Resources Act 1991, as modified by article 32,

where they may have such a substantial effect; and

(b) proposals to prepare, publish or vary the Wye Navigation Plan under article 4.

(4) The Agency shall take into consideration any matter, recommendation or representation relating to the discharge of its functions under this Order which may from time to time be referred or made to it by Dŵr Cymru, whether or not Dŵr Cymru has been consulted on the matter, recommendation or representation.

(5) In consulting Dŵr Cymru on any proposal the Agency shall allow a reasonable time (being not less than 28 days) for Dŵr Cymru to meet and report back to it.

(6) When so requested by Dŵr Cymru, the Agency shall give its reasons in writing to Dŵr Cymru for disagreeing with any recommendation or representation of Dŵr Cymru.