The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020

Protection for Canal and River Trust

18.—(1) The Executive must not exercise the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any waterway of the Canal and River Trust unless the exercise of such powers is with the consent of the Canal and River Trust.

(2) The Executive must not acquire compulsorily any land of the Canal and River Trust or any easement or other right over such land, or use any such land, unless such acquisition or use is with the consent of the Canal and River Trust.

(3) The Executive must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, as applied by Schedule 4 (provisions relating to statutory undertakers, etc.), so as to divert any right of access to a waterway, but such right of access may be diverted with the consent of the Canal and River Trust.

(4) Where the Canal and River Trust is asked to give its consent under paragraphs (1), (2) or (3), such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

(5) In this article, “waterway” means any canal or inland navigation belonging to or under the management or control of the Canal and River Trust, and includes any works, land or premises belonging to the Canal and River Trust, or under its management or control, and held or used by the Canal and River Trust in connection with any such canal or inland navigation.