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Statutory Instruments

2007 No. 608

TRANSPORT AND WORKS, ENGLAND

The Ouseburn Barrage Order 2007

Made

26th February 2007

Coming into force

19th March 2007

CONTENTS

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    WORKS PROVISIONS

    1. Principal powers

      1. 3. Power to construct works and survey

      2. 4. Power to deviate

    2. Streets

      1. 5. Power to execute street works

      2. 6. Stopping up of streets and extinguishment of rights

      3. 7. Temporary stopping up of streets

      4. 8. Application of the 1991 Act

    3. Supplementary powers and provisions

      1. 9. Power to dredge etc.

      2. 10. Cables, pipes or wires under or over tidal water or tidal lands

      3. 11. Ouseburn not to be a reservoir

      4. 12. Agreements with owners of land and others for construction of works

      5. 13. Temporary closing of Ouseburn in connection with works

      6. 14. Diversion of flow of water

      7. 15. Power to take, pump, impound and discharge water

      8. 16. Deposits in Ouseburn

  3. PART 3

    PROVISIONS RELATING TO TIDAL WORKS

    1. 17. Tidal works not to be executed without approval of Secretary of State

    2. 18. Lights on tidal works during construction

    3. 19. Provisions against danger to navigation

    4. 20. Abatement of works abandoned or decayed

    5. 21. Survey of tidal works

    6. 22. Permanent lights on tidal works

  4. PART 4

    ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 23. Power to acquire land

      2. 24. Application of Part 1 of Compulsory Purchase Act 1965

      3. 25. Vesting declarations

      4. 26. Power to acquire new rights

      5. 27. Power to acquire subsoil only

    2. Temporary possession of land

      1. 28. Temporary use of land for maintenance of works

    3. Compensation

      1. 29. Disregard of certain interests and improvements

    4. Supplementary

      1. 30. Acquisition of part of certain properties

      2. 31. Extinction or suspension of private rights of way etc. over land

      3. 32. Time limit for exercise of powers of acquisition

  5. PART 5

    OPERATION OF SCHEDULED WORKS ETC.

      1. 33. Power to operate scheduled works

      2. 34. Misuse of scheduled works, etc.

    2. Navigation

      1. 35. Extinguishment of navigation rights etc. in upstream Ouseburn

      2. 36. Navigation etc. in vicinity of scheduled works

      3. 37. Removal of vessels

      4. 38. Arbitration in respect of removal of vessels

      5. 39. Removal of obstructions other than vessels

      6. 40. Arbitration in respect of removal of obstructions other than vessels

      7. 41. Removal of projections

      8. 42. Arbitration against notices under article 41

      9. 43. Emergency powers and consents

    3. Byelaws

      1. 44. Byelaws

  6. PART 6

    PROTECTIVE PROVISIONS

    1. 45. Protection of certain persons

    2. 46. Saving for Trinity House

    3. 47. Crown rights

    4. 48. Minerals

    5. 49. Access to scheduled works

  7. PART 7

    MISCELLANEOUS AND GENERAL

    1. 50. Power to transfer undertaking

    2. 51. Obstructing execution of Order

    3. 52. Defence of due diligence

    4. 53. Certification of plans etc.

    5. 54. Arbitration

    6. 55. No double recovery

    7. 56. Service of notices

  8. SCHEDULES

    1. Schedule 1

      — Description of the scheduled works

    2. Schedule 2

      — Streets subject to street works and to be temporarily stopped up

    3. Schedule 3

      — Streets to be stopped up for which no substitute is to be provided

    4. Schedule 4

      — Modification of compensation and compulsory purchase enactments for creation of new rights

    5. Schedule 5

      — Provisions relating to statutory undertakers etc.

    6. Schedule 6

      — Protection of certain persons

      1. Part 1

        — Provisions for the protection of the Port Authority

      2. Part 2

        — Provisions for the protection of the Environment Agency

      3. Part 3

        — Provisions for the protection of Northumbrian Water

      4. Part 4

        — Provisions for the protection of the Port Health Authority

      5. Part 5

        — Provisions for the protection of those with an interest in navigation in the Ouseburn or the environment and amenities of the Ouseburn

Go to Explanatory Note

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 2000(1) made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992(2) (“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 1964(3).

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 1992(4) makes the following Order:—

(1)

S.I. 2000/2190. Back [1]

(3)

1964 c. 40. Back [3]

(4)

S.I. 1992/3230 as amended by S.I. 1997/2906. Back [4]

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