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The Borough of Poole (Poole Harbour Opening Bridges) Order 2006

S.I. 2006/2310 · Made 24 August 2006

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 24th August 2006

Coming into force 14th September 2006

An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000f1, for an Order under sections 3 and 5 of the Transport and Works Act 1992 Actf2 (“the Act”);

The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act.

The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals.

The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 1964f3.

The Secretary of State is satisfied that the provision of an alternative right of way for the street mentioned in article 8 of this Order is not required.

Notice of the Secretary of State’s determination was published in the London Gazette on 14th August 2006.

Accordingly, the Secretary of State in exercise of the powers conferred on him by sections 3 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11, 13, 15, 16 and 17 of Schedule 1 to, the Act and by article 2 of the Transport and Works (Description of Works Interfering with Navigation) Order 1992f4 makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42 as amended by S.I. 1995/1541, S.I. 1998/2226, S.I. 2000/3199 and S.I. 2006/958.

f3

1964 c. 40.

f4

S.I. 1992/3230.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Power to construct etc. works
  7. 4Power to deviate
  8. 5Power to make subsidiary works
  9. 6Power to dredge for purposes of authorised works, etc.
  10. Streets
  11. 7Power to execute street works
  12. 8Stopping up of streets and extinguishment of rights
  13. 9Temporary stopping up of streets
  14. 10Access to works
  15. 11Construction and maintenance of new or altered streets
  16. 12Agreements with street authorities
  17. Supplementary
  18. 13Provisions relating to operation of bridges
  19. 14Drainage of authorised works
  20. 15Protective works to buildings
  21. 16Power to survey and investigate land
  22. 17Temporary closing of the Back Water Channel in connection with works
  23. Part 3: ACQUISITION AND POSSESSION OF LAND
  24. Powers of acquisition
  25. 18Power to acquire land
  26. 19Application of Part 1 of Compulsory Purchase Act 1965
  27. 20Application of Compulsory Purchase (Vesting Declarations) Act 1981
  28. 21Power to acquire new rights
  29. 22Power to acquire subsoil only
  30. Temporary possession of land
  31. 23Temporary use of land for construction of works
  32. 24Temporary use of land for maintenance of works
  33. Compensation
  34. 25Disregard of certain interests and improvements
  35. Supplementary
  36. 26Acquisition of part only of certain properties
  37. 27Extinction or suspension of private rights of way
  38. 28Use of subsoil
  39. 29Time limit for exercise of powers of acquisition
  40. Part 4: PROVISIONS RELATING TO TIDAL WORKS
  41. 30Tidal works not to be executed without approval of Secretary of State
  42. 31Lights on tidal works
  43. 32Provision against danger to navigation
  44. 33Abatement of works abandoned or decayed
  45. 34Survey of tidal works
  46. 35Permanent lights on tidal works
  47. 36Obstruction of authorised works and misuse of new bridge
  48. 37Removal of vessels
  49. 38Removal of obstructions
  50. Part 5: MISCELLANEOUS AND GENERAL
  51. 39Power to make byelaws
  52. 40Saving for Trinity House
  53. 41Protection of Poole Harbour Commissioners
  54. 42Further protection of Poole Harbour Commissioners and users of the Back Water Channel
  55. 43For the protection of the Environment Agency
  56. 44Statutory undertakers, etc.
  57. 45Management arrangements
  58. 46Repeals and revocations
  59. 47Certification of plans, etc.
  60. 48Service of notices
  61. 49No double recovery
  62. 50Arbitration
  63. Signature
  64. Schedule 1SCHEDULED WORKS
  65. Schedule 2ACQUISITION OF CERTAIN LAND
  66. Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  67. Compensation enactments
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. Adaptation of the 1965 Act
  71. 3Paragraph 3
  72. 4Paragraph 4
  73. 5Paragraph 5
  74. 6Paragraph 6
  75. 7Paragraph 7
  76. 8Paragraph 8
  77. 9Paragraph 9
  78. Schedule 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  79. Schedule 5: PROTECTION OF POOLE HARBOUR COMMISSIONERS
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. 11Paragraph 11
  91. 12Paragraph 12
  92. 13Paragraph 13
  93. 14Paragraph 14
  94. 15Paragraph 15
  95. 16Paragraph 16
  96. 17Paragraph 17
  97. 18Paragraph 18
  98. Schedule 6: FURTHER PROTECTION OF POOLE HARBOUR COMMISSIONERS AND USERS OF THE BACK WATER CHANNEL
  99. Scheme of arrangements for establishment of Poole Harbour Bridges Operating Board
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. 11Paragraph 11
  111. 12Paragraph 12
  112. 13Paragraph 13
  113. Schedule 7: PROTECTION OF THE ENVIRONMENT AGENCY
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. 8Paragraph 8
  122. 9Paragraph 9
  123. 10Paragraph 10
  124. 11Paragraph 11
  125. 12Paragraph 12
  126. 13Paragraph 13
  127. Schedule 8: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  128. Apparatus of statutory undertakers, etc., on land acquired
  129. 1Paragraph 1
  130. Apparatus of statutory undertakers, etc., in stopped up streets
  131. 2Paragraph 2
  132. Navigation undertakings
  133. 3Paragraph 3
  134. Schedule 9: REPEALS AND REVOCATIONS
  135. 1Part 1
  136. 2Part 2
  137. Explanatory note