Cardiff Bay Barrage Act 1993
Cardiff Bay Barrage Act1993
1993 CHAPTER 42
An Act to provide for the construction by the Cardiff Bay Development Corporation of a barrage across the mouth of Cardiff Bay with an outer harbour and for related works; to make provision for the acquisition and use of land for the works; to make provision about the operation and management of the barrage, the outer harbour and the water impounded by the barrage; to make provision for dealing with property damage resulting from any alteration of groundwater levels which may occur in consequence of the construction of the barrage; to enable other protective provisions to be made; and for connected purposes.
[5th November 1993]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Works
1 Construction of barrage etc. and other works.
(1) The Cardiff Bay Development Corporation (referred to in this Act as ‘the Development Corporation’) may in the City of Cardiff and the Borough of the Vale of Glamorgan, in the County of South Glamorgan, execute the works specified in Schedule 1 to this Act, being the construction of—
(a) a barrage across the mouth of Cardiff Bay, with an outer harbour, and
(b) certain associated structures.
(2) The Development Corporation may also—
(a) maintain, and
(b) (where appropriate) alter, replace or re-lay,
anything constructed under subsection (1) above.
(3) Subject to subsection (4) below, works authorised by subsection (1) or (2) above shall be executed in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections.
(4) The Development Corporation may—
(a) deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation, and
(b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to any extent downwards.
(5) The Development Corporation may, within the limits of deviation or elsewhere within the inland bay, execute any building or other construction works (including installing any apparatus and providing, or securing the provision of, any services) which may be necessary or expedient for the purposes of, in connection with or in consequence of the works authorised by subsections (1) and (2) above.
(6) In this Act ‘the inland bay’ means the area bounded—
(a) by the seaward face of the barrage or, before the barrage is completed, by the line of construction of the seaward face of the barrage as planned at the commencement of its construction, and
(b) otherwise by the inner edge of the line shown coloured pink on the inland bay map;
and in this subsection ‘the inland bay map’ means the map marked ‘Inland Bay Map’ which was deposited in November 1991 in connection with the Cardiff Bay Barrage Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.
2 Works: supplementary.
(1) The Development Corporation shall ensure that a lock is available for use and that sluices are operational before navigation of the rivers Taff and Ely is totally obstructed by the construction of the barrage.
(2) Unless the National Rivers Authority otherwise agree, the barrage shall be so constructed that it is practicable between one high tide and the next to reduce the level of water immediately behind it to a level of one and a quarter metres below ordnance datum (Newlyn).
(3) The Development Corporation shall construct any bridge forming part of the barrage so that it has on each side of it a fence which is adequate for securing the safety of any pedestrians or other traffic using the bridge.
(4) The power conferred by section 1(5) above may in particular be exercised so as—
(a) to facilitate use of the inland bay and the outer harbour by pleasure craft or other vessels or for water sports or other open-air recreational activities, or
(b) to develop or conserve flora or fauna.
(5) In executing any of the works authorised by section 1 above the Development Corporation shall have regard to the desirability of developing and conserving flora and fauna.
(6) The Development Corporation shall consult the Countryside Council for Wales and the Royal Society for the Protection of Birds to seek their views as to—
(a) whether any works which the Development Corporation propose to execute so as to develop or conserve flora or fauna are appropriate for that purpose, and
(b) the measures which may be taken so as to develop and conserve flora and fauna in executing any of the other works authorised by section 1 above.
(7) Schedule 2 to this Act, which contains supplementary provisions about the works authorised by section 1 above, shall have effect; and subsections (1), (2) and (5) of that section shall have effect subject to the provisions of this section and that Schedule.
3 Deemed impoundment licence.
(1) A licence under Chapter II of Part II of the Water Resources Act 1991 shall be treated as having been granted by the National Rivers Authority to authorise the obstruction of the flow of water by the construction, and any alteration or replacement, of the barrage.
(2) Schedule 3 to this Act, which specifies requirements deemed to be imposed by the provisions of the licence, shall have effect.
Part II
Land
4 Compulsory acquisition of land.
(1) The Development Corporation are authorised by this section to acquire compulsorily so much of the land shown on the deposited plans and described in the book of reference as they may require for the purposes of, or in connection with, the works authorised by Part I of this Act.
(2) Part I of the Compulsory Purchase Act 1965 (except section 4 and paragraph 3(3) of Schedule 3), in so far as it is not inconsistent with the provisions of this Act, shall apply to the acquisition of land under this section—
(a) as it applies to a compulsory purchase to which Part II of the Acquisition of Land Act 1981 applies, and
(b) as if this Act were a compulsory purchase order under that Act.
(3) In its application by virtue of subsection (2) above section 11(1) of the Compulsory Purchase Act 1965 (power to enter and take possession of land subject to a notice to treat after giving not less than fourteen days' notice) shall have effect as if for the words ‘fourteen days’ there were substituted the words ‘three months’.
(4) A notice to treat under Part I of that Act for the purpose of acquiring land under this section shall not be served after the end of the period of five years beginning with the day on which this Act is passed.
(5) The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this section.
5 Compulsory acquisition: supplementary.
5. Schedule 4 to this Act, which contains supplementary provisions about the compulsory acquisition of land under section 4 above shall have effect.
6 Temporary occupation and use of land.
6. Schedule 5 to this Act, which contains provisions about the temporary occupation and use of land for the purposes of this Act, shall have effect.
Part III
Operation and Management
Operation of barrage
7 Power to operate barrage.
(1) The Development Corporation shall have power to operate the barrage; and in this Act references to operating the barrage are references to—
(a) opening or closing any lock gates, sluices or gates in the barrage,
(b) controlling the flow of water in the fish passes in the barrage, or
(c) managing any roadway, bridge or other structure or equipment forming part of the barrage.
(2) The power conferred by subsection (1) above shall be exercised so as to safeguard and improve the environment and amenities of the inland bay.
(3) Subsection (2) above shall not prevent the exercise of the power conferred by subsection (1) above in order—
(a) to prevent or alleviate flooding or to meet any other emergency,
(b) to ascertain the safest and most effective ways of using the barrage, to test its working or to train staff in its operation, or
(c) to facilitate the construction, maintenance, alteration, replacement or re-laying of any works in or beside the inland bay.
8 Directions as to operation of barrage.
(1) The Development Corporation shall operate the barrage in accordance with any reasonable direction given by the National Rivers Authority in order—
(a) to protect the quality of water in the inland bay by ensuring that it meets or continues to meet the relevant standard,
(b) to prevent or alleviate flooding, or
(c) to protect fish in the inland bay, allow the passage of migratory fish to or from the inland bay or enable trials to be carried out in the inland bay in connection with fishery management.
(2) For the purposes of this section the quality of water meets the relevant standard—
(a) if it meets such standard, whether fixed by reference to dissolved oxygen content or any other determinant of water quality, as may reasonably be specified by the National Rivers Authority as the standard to be achieved in order to comply with the current water quality objectives for the water, or
(b) where no standard is specified under paragraph (a) above, if it contains not less than five milligrams dissolved oxygen per litre at all times.
(3) For the purposes of subsection (2)(a) above the water quality objectives for any water are—
(a) if water quality objectives have been established for the water under section 83 of the Water Resources Act 1991 , those objectives, and
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