The Borough of Poole (Poole Harbour Opening Bridges) Order 2006
S.I. 2006/2310 · Made 24 August 2006
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
Made 24th August 2006
Coming into force 14th September 2006
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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: WORKS PROVISIONS
- Principal powers
- 3Power to construct etc. works
- 4Power to deviate
- 5Power to make subsidiary works
- 6Power to dredge for purposes of authorised works, etc.
- Streets
- 7Power to execute street works
- 8Stopping up of streets and extinguishment of rights
- 9Temporary stopping up of streets
- 10Access to works
- 11Construction and maintenance of new or altered streets
- 12Agreements with street authorities
- Supplementary
- 13Provisions relating to operation of bridges
- 14Drainage of authorised works
- 15Protective works to buildings
- 16Power to survey and investigate land
- 17Temporary closing of the Back Water Channel in connection with works
- Part 3: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 18Power to acquire land
- 19Application of Part 1 of Compulsory Purchase Act 1965
- 20Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 21Power to acquire new rights
- 22Power to acquire subsoil only
- Temporary possession of land
- 23Temporary use of land for construction of works
- 24Temporary use of land for maintenance of works
- Compensation
- 25Disregard of certain interests and improvements
- Supplementary
- 26Acquisition of part only of certain properties
- 27Extinction or suspension of private rights of way
- 28Use of subsoil
- 29Time limit for exercise of powers of acquisition
- Part 4: PROVISIONS RELATING TO TIDAL WORKS
- 30Tidal works not to be executed without approval of Secretary of State
- 31Lights on tidal works
- 32Provision against danger to navigation
- 33Abatement of works abandoned or decayed
- 34Survey of tidal works
- 35Permanent lights on tidal works
- 36Obstruction of authorised works and misuse of new bridge
- 37Removal of vessels
- 38Removal of obstructions
- Part 5: MISCELLANEOUS AND GENERAL
- 39Power to make byelaws
- 40Saving for Trinity House
- 41Protection of Poole Harbour Commissioners
- 42Further protection of Poole Harbour Commissioners and users of the Back Water Channel
- 43For the protection of the Environment Agency
- 44Statutory undertakers, etc.
- 45Management arrangements
- 46Repeals and revocations
- 47Certification of plans, etc.
- 48Service of notices
- 49No double recovery
- 50Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2ACQUISITION OF CERTAIN LAND
- Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Adaptation of the 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 5: PROTECTION OF POOLE HARBOUR COMMISSIONERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 6: FURTHER PROTECTION OF POOLE HARBOUR COMMISSIONERS AND USERS OF THE BACK WATER CHANNEL
- Scheme of arrangements for establishment of Poole Harbour Bridges Operating Board
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 7: PROTECTION OF THE ENVIRONMENT AGENCY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 8: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
- Apparatus of statutory undertakers, etc., on land acquired
- 1Paragraph 1
- Apparatus of statutory undertakers, etc., in stopped up streets
- 2Paragraph 2
- Navigation undertakings
- 3Paragraph 3
- Schedule 9: REPEALS AND REVOCATIONS
- 1Part 1
- 2Part 2
- Explanatory note