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The Bridgwater Tidal Barrier Order 2022

S.I. 2022/299 · Made 4 March 2022

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

Transport And Works, England

Made 4th March 2022

Coming into force 25th March 2022

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 2006f1 for an order under sections 3(1)(b) and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State, having considered the objections made and not withdrawn, has determined to make an order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State 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.

Notice of the Secretary of State’s determination was published in the London Gazette on 21 January 2022.

The Secretary of State makes this Order in exercise of the powers conferred by sections 3(1)(b) and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 13 and 15 to 17 of Schedule 1 to, the 1992 Act and by article 2 of the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992f4.

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466.

f2

1992 c. 42. Section 5 was amended by S.I. 2012/1659.

f3

1964 c. 40.

f4

S.I. 1992/3230, amended by S.I. 1997/2906.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of streets and traffic regulation
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Works and operations in the river
  10. 6Works and dredging etc. in the river
  11. 7River not to be a reservoir
  12. Streets and rights of way
  13. 8Power to execute street works
  14. 9Power to keep apparatus in streets
  15. 10Power to alter layout, etc., of streets
  16. 11Temporary stopping up and diversion of streets
  17. 12Permanent stopping up and diversion of streets
  18. 13Access to works
  19. 14Agreements with street authorities
  20. 15Use of private roads for construction
  21. Supplementary powers and provisions
  22. 16Agreements with owners of land and others for construction of works
  23. 17Temporary closing of river in connection with works
  24. 18Diversion of flow of water
  25. 19Power to take, pump, impound and discharge water
  26. 20Water abstraction and impounding
  27. 21Protective works
  28. 22Planning permission
  29. 23Power to survey and investigate land, etc.
  30. 24Felling or lopping of trees
  31. Part 3: PROVISIONS RELATING TO TIDAL WORKS
  32. 25Tidal works not to be executed without approval of Secretary of State
  33. 26Lights on tidal works during construction
  34. 27Provisions against danger to navigation
  35. 28Abatement of works abandoned or decayed
  36. 29Survey of tidal works
  37. 30Permanent lights on tidal works
  38. Part 4: ACQUISITION AND POSSESSION OF LAND
  39. Powers of acquisition
  40. 31Power to acquire rights in land
  41. 32Power to acquire land
  42. 33Application of Part 1 of the 1965 Act
  43. 34Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  44. 35Power to acquire subsoil or air-space
  45. 36Rights under or over streets
  46. Temporary possession of land
  47. 37Temporary possession of land for construction purposes
  48. 38Temporary possession of land for maintenance of works
  49. Compensation
  50. 39Disregard of certain interests and improvements
  51. 40Set-off for enhancement in value of retained land
  52. Supplementary
  53. 41Extinction or suspension of private rights of way etc. over land
  54. 42Time limit for exercise of powers of acquisition
  55. Part 5: OPERATION OF SCHEDULED WORKS
  56. 43Power to operate scheduled works
  57. 44Misuse of scheduled works, etc.
  58. Navigation
  59. 45Navigation etc. in vicinity of barrier
  60. Obstruction etc.
  61. 46Removal of vessels
  62. 47Arbitration in respect of removal of vessels
  63. 48Removal of obstructions other than vessels
  64. 49Arbitration in respect of removal of obstructions other than vessels
  65. 50Emergency powers and consents
  66. Byelaws
  67. 51Byelaws
  68. Part 6: PROTECTIVE PROVISIONS
  69. 52Statutory undertakers, etc.
  70. 53Protective Provisions
  71. 54Saving for Trinity House
  72. 55Crown rights
  73. 56Minerals
  74. Part 7: MISCELLANEOUS AND GENERAL
  75. 57Temporary traffic regulation
  76. 58Power of disposal, agreements for operation, etc.
  77. 59Obstructing execution of Order
  78. 60Defence of due diligence
  79. 61Application of landlord and tenant law
  80. 62Defence to proceedings in respect of statutory nuisance
  81. 63Disclosure of confidential information
  82. 64Disapplication of legislation
  83. 65Local legislation
  84. 66Application of Water Resources Act 1991
  85. 67Certification of plans etc.
  86. 68Arbitration
  87. 69No double recovery
  88. 70Service of notices
  89. Signature
  90. Schedule 1SCHEDULED WORKS
  91. Schedule 2STREETS TO BE TEMPORARILY STOPPED UP
  92. Schedule 3STREETS TO BE PERMANENTLY STOPPED UP
  93. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  94. Compensation enactments
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. Application of the 1965 Act
  99. 4Paragraph 4
  100. 5Paragraph 5
  101. 6Paragraph 6
  102. 7Paragraph 7
  103. 8Paragraph 8
  104. 9Paragraph 9
  105. 10Paragraph 10
  106. Schedule 5LAND WHICH MAY BE COMPULSORILY ACQUIRED
  107. Schedule 6LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN
  108. Schedule 7: BRIDGWATER TIDAL BARRIER BYELAWS
  109. Part 1: PRELIMINARY
  110. Citation and Commencement
  111. 1Paragraph 1
  112. Interpretation
  113. 2Paragraph 2
  114. Part 2: CONDUCT AND BEHAVIOUR
  115. Unacceptable behaviour
  116. 3Paragraph 3
  117. Part 3: EQUIPMENT AND SAFETY
  118. General safety
  119. 4Paragraph 4
  120. Part 4: ACTIVITIES IN THE VICINITY OF THE BARRIER
  121. Fishing
  122. 5Paragraph 5
  123. Swimming
  124. 6Paragraph 6
  125. Part 5: ACCESSING THE BARRIER
  126. Unauthorised access and loitering
  127. 7Paragraph 7
  128. Part 6: ENFORCEMENT, ETC.
  129. Name and address
  130. 8Paragraph 8
  131. Compliance with instructions and notices, etc.
  132. 9Paragraph 9
  133. Identification of authorised persons
  134. 10Paragraph 10
  135. Offence and level of fines
  136. 11Paragraph 11
  137. Contraventions by authorised persons
  138. 12Paragraph 12
  139. Schedule 8: STATUTORY UNDERTAKERS, ETC.
  140. Apparatus of statutory undertakers etc. on land acquired
  141. 1Paragraph 1
  142. Schedule 9: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  143. Application and Interpretation
  144. 1Paragraph 1
  145. On-street apparatus
  146. 2Paragraph 2
  147. 3Paragraph 3
  148. 4Paragraph 4
  149. Acquisition of land
  150. 5Paragraph 5
  151. Removal of apparatus
  152. 6Paragraph 6
  153. Facilities and rights for alternative apparatus
  154. 7Paragraph 7
  155. Retained apparatus: protection and plan approval
  156. 8Paragraph 8
  157. Expenses
  158. 9Paragraph 9
  159. Indemnity
  160. 10Paragraph 10
  161. Access
  162. 11Paragraph 11
  163. Cooperation
  164. 12Paragraph 12
  165. Exercise of safeguarding and survey powers
  166. 13Paragraph 13
  167. Arbitration
  168. 14Paragraph 14
  169. Schedule 10: PROTECTION OF PORT OF BRIDGWATER
  170. 1Paragraph 1
  171. 2Paragraph 2
  172. 3Paragraph 3
  173. 4Paragraph 4
  174. 5Paragraph 5
  175. 6Paragraph 6
  176. 7Paragraph 7
  177. 8Paragraph 8
  178. 9Paragraph 9
  179. 10Paragraph 10
  180. 11Paragraph 11
  181. 12Paragraph 12
  182. Schedule 11TEMPORARY TRAFFIC REGULATION
  183. Schedule 12: OF LOCAL LEGISLATION
  184. 1LOCAL ENACTMENTS
  185. 2BYELAWS
  186. Explanatory note