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Avon Weir Act 1992

1992 c. 5 · Enacted 16 March 1992

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

An Act to authorise the Bristol Development Corporation to construct a weir in and across the river Avon (Bristol) and to execute other works; to authorise the Corporation to acquire lands; to provide for the regulation, control and development of part of the river Avon and adjacent land and waterways for purposes including amenity and recreation; to confer further powers on the Corporation; and for other purposes.

[16th March 1992]

WHEREAS—

(1)

Under the 1980 c. 65.Local Government, Planning and Land Act 1980 the Bristol Development Corporation (in this Act called “the Corporation”) was established by the S.I. 1989/91.Bristol Development Corporation (Area and Constitution) Order 1988 (as amended by the S.I. 1989/92.Bristol Development Corporation (Area and Constitution) (Amendment) Order 1988) as the urban development corporation for an area of about 360 hectares in the county of Avon for the purpose of securing the regeneration of its area:

(2)

It is the view of the Corporation that the works authorised and the powers conferred by this Act will advance the securing of such regeneration:

(3)

It is accordingly expedient that the Corporation should be empowered to construct, maintain and operate a weir and other works in and across the river Avon and to provide the further works authorised by this Act, and to acquire lands therefor, so as to secure the regeneration of its area by means including the development and improvement of the amenities of the locality of the river Avon and of the lands adjacent thereto:

(4)

In order to assist such regeneration it is expedient that additional powers should be conferred on the Corporation for the compulsory acquisition of land:

(5)

It is expedient that provision should be made for the maintenance of the level of the river Avon upstream of the weir and for the regulation, control and development of the river and the lands and waterways adjacent to the river:

(6)

It is expedient that the Corporation should be authorised to construct the other works authorised by this Act:

(7)

It is expedient that the other provisions contained in this Act be enacted:

(8)

The objects of this Act cannot be effected without the authority of Parliament:

(9)

Plans and sections showing the lines, situations and the levels of the works authorised by this Act, and a book of reference to such plans containing the names of the owners and lessees, or reputed owners and lessees, and of the occupiers of the lands which may be acquired or used compulsorily under the powers of this Act, have been deposited in the office of the Clerk of the Parliaments and in the Private Bill Office, House of Commons, and with the proper officer of the Avon County Council, which plans, sections and book of reference are in this Act respectively referred to as the deposited plans, the deposited sections and the deposited book of reference:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part I: Preliminary
  2. 1Short title
  3. 2Interpretation
  4. 3Incorporation of general enactments
  5. 4Application of Part I of Compulsory Purchase Act 1965, etc
  6. Part II: Works
  7. 5Power to construct works
  8. 6Street works
  9. 7Further works and powers
  10. 8Power to deviate
  11. 9Power to make subsidiary works
  12. 10Pipes, etc., under or over tidal waters or tidal lands
  13. 11Dredging and other operations in river
  14. 12Work No. 1 deemed to be constructed under impounding licence
  15. 13Agreements with owners of land and others for construction of works
  16. 14Footpaths
  17. 15Temporary stoppage of roads, bridleways and footpaths
  18. 16Temporary closing of river in connection with works
  19. 17Power to use bed and banks of watercourses
  20. 18Power to take, pump and discharge water
  21. 19Tidal works not to be executed without approval of Secretary of State
  22. 20Provision against danger to navigation
  23. 21Abatement of works abandoned or decayed
  24. 22Survey of tidal works
  25. 23Lights on tidal works
  26. 24Status of works in impounded river
  27. Part III: Lands
  28. 25Power to acquire lands
  29. 26Power to acquire new rights only
  30. 27Temporary possession of land
  31. 28Purchase of part of certain properties
  32. 29Disregard of recent improvements and interests
  33. 30Extinction of rights affecting land
  34. 31Grant of new rights by persons under disability
  35. 32Agreements with adjoining owners
  36. 33Set-off for enhancement in value of retained land
  37. 34Correction of errors in deposited plans and book of reference
  38. Part IV: Operation of weir, etc.
  39. 35Operation of weir, etc
  40. 36Misuse of equipment or machinery
  41. Part V: The impounded river
  42. 37Commencement of Part V
  43. 38Jurisdiction of port authority
  44. 39Extinguishment of navigation, etc., rights in impounded river
  45. 40Works in impounded river
  46. 41Licensing of works
  47. 42Restriction on construction of works
  48. 43Powers as to moorings, etc
  49. 44Navigation, etc., in vicinity of weir
  50. 45Restriction on size of vessels permitted to navigate
  51. Part VI: Protective provisions
  52. 46Notice to police, etc
  53. 47Crown rights
  54. 48Saving for Trinity House
  55. 49For protection of electricity, gas and water undertakers
  56. 50For protection of sewers of Wessex Water Services Limited
  57. 51For protection of National Rivers Authority
  58. 52For further protection of National Rivers Authority
  59. 53For protection of port authority
  60. 54For protection of highway authority
  61. 55For protection of British Railways Board
  62. 56For protection of flora and fauna
  63. Part VII: Miscellaneous and general
  64. 57Application of Act to Feeder Canal and Floating Harbour
  65. 58Management arrangements
  66. 59Covenants, etc., binding successive owners
  67. 60Corporation’s undertaking
  68. 61Transfer of functions
  69. 62Obstructing execution of Act
  70. 63Defence of due diligence
  71. 64Restriction on powers of Corporation
  72. 65Modification of Town and Country Planning General Development Order 1988
  73. 66Arbitration
  74. Schedule 1Descriptions of works referred to in section 5 of this ActIn the city of Bristol, county of Avon—
  75. Schedule 2Land required for flood prevention works
  76. Schedule 3: Modification of Part I of Compulsory Purchase Act 1965 in connection with purchase of new rights
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6