Temporary interference with canal and public rights of navigationE+W+S
16.—(1) The undertaker may in connection with the construction of the authorised development (and subject to Part 2 of Schedule 10 (protective provisions))—
(a)temporarily interfere with the waterway, by constructing or maintaining temporary works at any point within the Order limits as it considers necessary or expedient;
(b)temporarily moor or anchor barges or other vessels or craft in the River Trent or the canal;
(c)temporarily close any part of the canal within the Order limits to navigation; and
(d)load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials within the Order limits in connection with the construction of the authorised development.
(2) The power conferred by paragraph (1)(c) must be exercised in a way which secures—
(a)that no more of the canal is closed to navigation at any time than is necessary in the circumstances; and
(b)that if complete closure of a part of the canal to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.
(3) Any person who, as a result of the exercise of powers conferred by this article, suffers loss by reason of the interference with any private right of navigation is entitled to compensation to be paid by the undertaker to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Commencement Information
I1Art. 16 in force at 29.12.2022, see art. 1