The A46 Newark Bypass Development Consent Order 2025
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Change 1
57 Temporary suspension of navigation in connection with the authorised development
(1) The undertaker may, subject to Part 5 (for the protection of the Canal & River Trust) of Schedule 9, in connection with the construction and operation of the authorised development, temporarily interfere with the relevant part of the river for the purposes of the construction, inspection and maintenance of Work No. 7 and Work No. 56 of Schedule 1 (authorised development) and any associated development in connection with those works. (2) Without limitation on the powers conferred by paragraph (1) but subject to paragraphs (3) and (4) the undertaker may, in a case of emergency only, temporarily close to navigation the relevant part of the river. (3) The power conferred by paragraphs (1) and (2) must be exercised in such a way which secures— (a) that no more of the relevant part of the river is closed to navigation at any time that is necessary in the circumstances and wherever possible the full closure of the navigation is avoided so that the general availability of the Canal & River Trust’s waterways for public use under s105 Transport Act 1968 is not prejudiced for any period of time; and (b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed. (4) During the period of any closures referred to in paragraph (2) all rights of navigation and other rights relating to and any obligations of the Canal & River Trust to manage the relevant part of the river so closed are to be suspended and unenforceable against the Canal & River Trust. (5) Any person who as a result of the exercise of powers conferred by this article, suffers loss by reason of the interference with any private rights of navigation is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act. (6) In this article— “emergency” means any circumstance existing or imminent which the undertaker considers is likely to cause danger to— any person or property, including the new bridge, any vessel and any person using, working on, or intending to use or work on the new bridge or aboard any vessel passing the new bridge; or the environment; and “the relevant part of the river” means so much of the River Trent as is within the Order limits.
57 Temporary suspension of navigation in connection with the authorised development
(1) The undertaker may, subject to Part 5 (for the protection of the Canal & River Trust) of Schedule 9, in connection with the construction and operation of the authorised development, temporarily interfere with the relevant part of the river for the purposes of the construction, inspection and maintenance of Work No. 7 and Work No. 56 of Schedule 1 (authorised development) and any associated development in connection with those works. (2) Without limitation on the powers conferred by paragraph (1) but subject to paragraphs (3) and (4) the undertaker may, in a case of emergency only, temporarily close to navigation the relevant part of the river. (3) The power conferred by paragraphs (1) and (2) must be exercised in such a way which secures— (a) that no more of the relevant part of the river is closed to navigation at any time that is necessary in the circumstances and wherever possible the full closure of the navigation is avoided so that the general availability of the Canal & River Trust’s waterways for public use under s105 Transport Act 1968 is not prejudiced for any period of time; and (b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed. (4) During the period of any closures referred to in paragraph (2) all rights of navigation and other rights relating to and any obligations of the Canal & River Trust to manage the relevant part of the river so closed are to be suspended and unenforceable against the Canal & River Trust. (5) Any person who as a result of the exercise of powers conferred by this article, suffers loss by reason of the interference with any private rights of navigation is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act. (6) In this article— “emergency” means any circumstance existing or imminent which the undertaker considers is likely to cause danger to— any person or property, including the new bridge, any vessel and any person using, working on, or intending to use or work on the new bridge or aboard any vessel passing the new bridge; or the environment; and “the relevant part of the river” means so much of the River Trent as is within the Order limits.
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