Paragraph 6 Public rights of navigationI1

England and Wales

(1)

The undertaker shall serve notice on the Authority under Article 47(3) not later than 20 business days prior to the proposed commencement date of any suspension or extinguishment of the public rights of navigation.

(2)

Any such notice shall provide details (or in the case of a consent notice, proposed details) of the suspension or extinguishment including particulars of:

(a)

commencement date;

(b)

duration; and

(c)

the affected area

and in the case of a consent notice shall include an explanation of the need for the proposed closure.

(3)

Any suspension of the public rights of navigation under article 47(2) shall not take place except in accordance with approval in writing by the Authority and any conditions imposed by the Authority under this paragraph or determined under paragraph 24.

(4)

The Authority may in relation to any consent notice impose reasonable conditions for any purpose described in paragraph 6(3).

(5)

Conditions imposed under paragraph 6(4) may include conditions as to–

(a)

the limits of any area subject to a temporary suspension of public rights of navigation;

(b)

the duration of any temporary suspension;

(c)

the means of marking or otherwise providing warning in the river of any area affected by a temporary suspension or permanent extinguishment of public rights of navigation; and

(d)

the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the river or affect its use.

(6)

For the purposes of Article 47(4) the Authority shall issue its notice to mariners:-

(a)

in relation to a temporary suspension or permanent extinguishment under article 47(1) within 15 business days of receipt of the undertaker’s notice served pursuant to paragraph 6(1);

(b)

in relation to a temporary suspension under Article 47(2) within 15 business days of consent to the suspension being given by the Authority or determined pursuant to paragraph 24.

(7)

Sub-paragraphs (5), (6) and (7) of paragraph 5 apply to any application for consent made by the undertaker under Article 47(2).

(8)

In this paragraph “consent notice” means a notice relating to temporary suspension requiring consent under Article 47(2).

Annotations

Commencement

I1: Sch. 16 Pt. 2 para. 6 in force at 24.9.2014, see art. 1