# The Lake Lothing (Lowestoft) Third Crossing Order 2020, Article 42: Extinguishment of right of navigation within Lake Lothing in connection with authorised development

Extent: E+W

(1) For the purpose of protecting the new bridge, the public right of navigation within the areas of Lake Lothing identified in paragraph (2) is extinguished in accordance with the provisions of this article.
(2) The areas referred to in paragraph (1) are—
(a) in relation to the pier located to the south of the north quay of Lowestoft Harbour, the area between the north quay wall and the outer edge of the fenders surrounding that pier; and
(b) in relation to the pier located to the north of the south quay of Lowestoft Harbour, the area between the south quay wall and the outer edge of the fenders surrounding that pier.
(3) Paragraph (1) does not take effect until the undertaker has, following practical completion of the new bridge—
(a) notified the harbour authority of the date from which the extinguishment is to have effect;
(b) published notice of the extinguishment and the date from which the extinguishment is to have effect in Lloyd's List and once in each of two successive weeks in a local newspaper published or circulating in the area of East Suffolk Council, with an interval between the earliest and latest notices of not less than 7 clear days; and
(c) displayed notice of the extinguishment and the date from which the extinguishment is to have effect in a conspicuous position adjacent to Lake Lothing from the date of the first notice published under sub-paragraph (b), until at least 7 days after the last notice published under sub-paragraph (b).
(4) The date that is notified, published and displayed pursuant to paragraph (3) as the date from which the extinguishment is to have effect must not be earlier than 14 days after the last date on which a notice is published pursuant to paragraph (3).
(5) As soon as possible following receipt by the harbour authority of notice given by the undertaker under paragraph (3), the harbour authority must issue a notice to mariners giving the commencement date and other particulars of the extinguishment to which the notice relates.
(6) A master of a vessel other than a vessel—
(a) which is under the control of the harbour authority;
(b) which is carrying out the statutory functions of the harbour authority, or
(c) is directed by the harbour master,
must not, except in an emergency, allow a vessel to enter into the areas referred to in paragraph (2) without first obtaining the consent of the undertaker, which may attach reasonable conditions to any consent.
(7) Before granting consent under paragraph (6), the undertaker must consult with the harbour master.

---
Source: https://www.legislation.gov.uk/uksi/2020/474/article/42 (the official version)
Page: https://openlegislation.uk/lake-lothing-lowestoft-third-crossing-order-2020/article-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.