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The Ouseburn Barrage Order 2007

S.I. 2007/608 · Made 26 February 2007

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TRANSPORT AND WORKS, ENGLAND

Made 26th February 2007

Coming into force 19th March 2007

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 2000f1 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”) for an Order under sections 3(1)(b) and 5 of the 1992 Act.

The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 satisfied that the provision of an alternative right of way for the street mentioned in Schedule 3 (street to be stopped up for which no substitute is to be provided) to this Order is not required.

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 6th February 2007.

Accordingly, the Secretary of State 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 makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42.

f3

1964 c. 40.

f4

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Power to construct works and survey
  7. 4Power to deviate
  8. Streets
  9. 5Power to execute street works
  10. 6Stopping up of streets and extinguishment of rights
  11. 7Temporary stopping up of streets
  12. 8Application of the 1991 Act
  13. Supplementary powers and provisions
  14. 9Power to dredge etc.
  15. 10Cables, pipes or wires under or over tidal water or tidal lands
  16. 11Ouseburn not to be a reservoir
  17. 12Agreements with owners of land and others for construction of works
  18. 13Temporary closing of Ouseburn in connection with works
  19. 14Diversion of flow of water
  20. 15Power to take, pump, impound and discharge water
  21. 16Deposits in Ouseburn
  22. Part 3: PROVISIONS RELATING TO TIDAL WORKS
  23. 17Tidal works not to be executed without approval of Secretary of State
  24. 18Lights on tidal works during construction
  25. 19Provisions against danger to navigation
  26. 20Abatement of works abandoned or decayed
  27. 21Survey of tidal works
  28. 22Permanent lights on tidal works
  29. Part 4: ACQUISITION AND POSSESSION OF LAND
  30. Powers of acquisition
  31. 23Power to acquire land
  32. 24Application of Part 1 of Compulsory Purchase Act 1965
  33. 25Vesting declarations
  34. 26Power to acquire new rights
  35. 27Power to acquire subsoil only
  36. Temporary possession of land
  37. 28Temporary use of land for maintenance of works
  38. Compensation
  39. 29Disregard of certain interests and improvements
  40. Supplementary
  41. 30Acquisition of part of certain properties
  42. 31Extinction or suspension of private rights of way etc. over land
  43. 32Time limit for exercise of powers of acquisition
  44. Part 5: OPERATION OF SCHEDULED WORKS ETC.
  45. 33Power to operate scheduled works
  46. 34Misuse of scheduled works, etc.
  47. Navigation
  48. 35Extinguishment of navigation rights etc. in upstream Ouseburn
  49. 36Navigation etc. in vicinity of scheduled works
  50. 37Removal of vessels
  51. 38Arbitration in respect of removal of vessels
  52. 39Removal of obstructions other than vessels
  53. 40Arbitration in respect of removal of obstructions other than vessels
  54. 41Removal of projections
  55. 42Arbitration against notices under article 41
  56. 43Emergency powers and consents
  57. Byelaws
  58. 44Byelaws
  59. Part 6: PROTECTIVE PROVISIONS
  60. 45Protection of certain persons
  61. 46Saving for Trinity House
  62. 47Crown rights
  63. 48Minerals
  64. 49Access to scheduled works
  65. Part 7: MISCELLANEOUS AND GENERAL
  66. 50Power to transfer undertaking
  67. 51Obstructing execution of Order
  68. 52Defence of due diligence
  69. 53Certification of plans etc.
  70. 54Arbitration
  71. 55No double recovery
  72. 56Service of notices
  73. Signature
  74. Schedule 1DESCRIPTION OF THE SCHEDULED WORKS
  75. Schedule 2STREETS SUBJECT TO STREET WORKS AND TO BE TEMPORARILY STOPPED UP
  76. Schedule 3STREET TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  77. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. 8Paragraph 8
  86. 9Paragraph 9
  87. Schedule 5: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  88. Apparatus of statutory undertakers etc. on land acquired
  89. 1Paragraph 1
  90. Apparatus of statutory undertakers etc. in stopped up streets
  91. 2Paragraph 2
  92. Schedule 6: PROTECTION OF CERTAIN PERSONS
  93. Part 1: PROVISIONS FOR THE PROTECTION OF THE PORT AUTHORITY
  94. Interpretation
  95. 1Paragraph 1
  96. Works in the upstream Ouseburn
  97. 2Paragraph 2
  98. Removal of temporary works
  99. 3Paragraph 3
  100. Facilities for navigation
  101. 4Paragraph 4
  102. Details to be submitted to Port Authority
  103. 5Paragraph 5
  104. Survey of the bed of the Ouseburn
  105. 6Paragraph 6
  106. Remedy in case of accumulation or erosion
  107. 7Paragraph 7
  108. Further protection for the Port Authority
  109. 8Paragraph 8
  110. Liability of the Council
  111. 9Paragraph 9
  112. Part 2: PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  113. Interpretation
  114. 10Paragraph 10
  115. Approval of plans
  116. 11Paragraph 11
  117. Conditions relating to works
  118. 12Paragraph 12
  119. Accumulation and erosion
  120. 13Paragraph 13
  121. Repair of specified works
  122. 14Paragraph 14
  123. 15Paragraph 15
  124. Protection of fishery
  125. 16Paragraph 16
  126. Indemnities
  127. 17Paragraph 17
  128. Deemed consents
  129. 18Paragraph 18
  130. Disputes
  131. 19Paragraph 19
  132. Part 3: PROVISIONS FOR THE PROTECTION OF NORTHUMBRIAN WATER
  133. Outfall surveys and remedial works
  134. 20Paragraph 20
  135. 21Paragraph 21
  136. Indemnity
  137. 22Paragraph 22
  138. Part 4: PROVISIONS FOR THE PROTECTION OF THE PORT HEALTH AUTHORITY
  139. 23Paragraph 23
  140. 24Paragraph 24
  141. Part 5: PROVISIONS FOR THE PROTECTION OF THOSE WITH AN INTEREST IN NAVIGATION IN THE OUSEBURN OR THE ENVIRONMENT AND AMENITIES OF THE OUSEBURN
  142. 25Paragraph 25
  143. 26Paragraph 26
  144. 27Paragraph 27
  145. 28Paragraph 28
  146. 29Paragraph 29
  147. 30Paragraph 30
  148. 31Paragraph 31
  149. 32Paragraph 32
  150. 33Paragraph 33
  151. 34Paragraph 34
  152. 35Paragraph 35
  153. 36Paragraph 36
  154. Explanatory note