Section 3 Orders as to inland waterways etc.I1C1C2
England, Wales and Scotland
The Secretary of State may make an order relating to, or to matters ancillary to—
the construction or operation of an inland waterway in England and Wales;
the carrying out of works which—
interfere with rights of navigation in waters within or adjacent to England and Wales, up to the seaward limits of the territorial sea, and
are of a description prescribed by order made under section 4 below.
Subsection (1) is subject to—
section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);
section 120(9) of that Act (exclusion of power to include ancillary provision in orders);
section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development for which infrastructure consent is required);
section 63(8) of that Act (exclusion of powers to include ancillary provision in orders).
The Secretary of State shall not make an order under this section if in his opinion the primary object of the order could be achieved by means of an order under the M1Harbours Act 1964.
The power to make orders under this section shall be exercisable by statutory instrument.
Annotations
Textual amendments
- F1
S. 3(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 53 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
- F2
S. 3(1A)(c)(d) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 7(3) (with s. 84(5)); S.I. 2025/698, art. 3(l)
Marginal citations
- M1
Modifications
- C1
S. 3 restricted (1.12.1998) by 1998 c. 38, s. 37(3); S.I. 1998/2789, art. 2
- C2
S. 3 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2
Commencement
- I1
Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.
Notes on Part I
Commencement
- I1
Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1