Article 17 Extinguishment of navigation rights etc. in the Aire and Calder NavigationI1

Without limitation on the scope of section 105(5) and (6) of the Transport Act 1968^f1 any rights of navigation over the relevant part of the waterway whether public or private and however arising are extinguished to the extent that such rights are adversely affected by reason of the construction, use and maintenance of the authorised works.

The promoter must pay compensation to any person who suffers damage or loss by reason of the extinguishment of rights of navigation by virtue of paragraph (1) and any question as to the amount of compensation so paid is to be determined by the tribunal.