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Regulation 3 Waterways hereditaments

Original text. Later amendments are not shown.

(1)

In the cases prescribed in paragraph (2) the hereditaments that apart from these Regulations would be more than one hereditament, are treated as one hereditament.

(2)

The cases to which paragraph (1) refers are hereditaments occupied or, if unoccupied, owned, by Canal & River Trust that—

(a)

comprise—

(i)

waterways (including cuts and culverts, locks, gates, sluices, pumps, flood let-off valves, feeders, conduits, weirs, side ponds, ditches and drains);

(ii)

aqueducts, basins, bridges, embankments, reservoirs and tunnels;

(iii)

lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;

(iv)

docks, wharves, piers, jetties, pontoons, moorings, slipways, land and buildings used for the building, maintenance or floating storage of craft, or for the provision, maintenance or servicing of inland waterways and plant or machinery used in connection therewith;

(v)

clay pits, dredging or other waste disposal tips; or

(vi)

other land, buildings or structures or parts of buildings or structures used for the provision or servicing of facilities for traffic by, public access to, or enjoyment of, inland waterways, or for ancillary purposes; and

(b)

are not excepted hereditaments.

(3)

In paragraph (2) “excepted hereditament” means any hereditament—

(a)

consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;

(b)

consisting of premises so let out as to be capable of separate assessment;

(c)

consisting of premises used wholly or mainly as office premises, where those premises are not situated on operational land of Canal & River Trust; or

(d)

consisting of a car park used wholly or mainly in connection with office premises, where those premises are not situated on operational land of Canal & River Trust.

(4)

The hereditament described in paragraph (1) is treated—

(a)

as occupied by Canal & River Trust; and

(b)

as situated in the area of Wrexham County Borough Council.