British Waterways Act 1974

JurisdictionUK Non-devolved
Citation1974 c. xxiii
British Waterways
Act
1974
c. xxiii
ELIZABETH H
1974 CHAPTER xxiii
An Act to empower the British Waterways Board to
construct works and to acquire lands; to confer further
powers on the Board; and for other purposes.
[31st July 1974]
w
HEREAS
(1) By the Transport Act 1962 the British Waterways Board
1962
c.
46.
(in this Act referred to as " the Board ") were established:
(2) It is the duty of the Board under the Transport Act 1962
and the Transport Act 1968 (inter alia) to provide to such extent
1968
c.
73.
as they may think expedient services and facilities on the inland
waterways owned or managed by them and to maintain the
commercial waterways (as defined in the said Act of 1968) in a
suitable condition for use by commercial freight-carrying vessels:
(3) The Board own or manage the commercial waterway known
as the
Sheffield and South Yorkshire Navigation and it
is
expedient
to improve it so that larger vessels may be taken up to Rotherham
and for that purpose it is expedient that the Board should be
empowered to construct the works authorised by this Act and to
acquire the lands referred to in this Act:
(4) It is expedient that the other powers in this Act contained
should be conferred upon the Board and that the other provisions
m this Act contained should be enacted:
2 c. xxlii British
Waterways
Act
1974
(5) Plans and sections showing the lines or situations and
levels of the works to be constructed under the powers of this
Act, and plans of the lands authorised to be acquired or used
by
this Act, and a book of reference to such plans containing the
names of the owners and lessees or reputed owners and lessees
and of the occupiers of the said lands have been deposited in
the
office of
the
Clerk of
the
Parliaments and in the Private Bill Office
of the House of
Commons
and with the clerk of
the
county
council
of the county and the town clerks of the county boroughs (now
the proper officers of the county and districts) within which the
said works will be constructed or the said lands are situated,
which plans, sections and book of reference are respectively
referred to in this Act as the deposited plans, the deposited
sections
and the deposited book of reference:
(6) The purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted,
and 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
PRELIMINARY
Short
title.
1. This Act may be cited as the British Waterways Act 1974.
2.
This Act is divided into Parts as follows:
Part I.—Preliminary.
Part II.—Works.
Part III.—Lands.
Part IV.—Protective provisions.
Part V.—Miscellaneous and general.
Interpretation.
3.—(1)
In this Act, unless there be something in the subject
or context repugnant to such construction, the several words and
expressions to which meanings are assigned by the Acts wholly
or partly incorporated herewith have in relation to the relative
subject-matter the same respective meanings and
1950
c
39.
" the Act of 1950 " means the Public Utilities Street Works
Act 1950;
1961c
33.
"the Act of 1961" means the Land Compensation Act
1961;
1965
c.
56.
" the Act of
1965
" means the Compulsory Purchase Act
1965;
1968
c.
73.
" the Act of 1968 " means the Transport Act 1968;
1971
c.
xviii.
" the Act of
1971
" means the British Waterways Act
1971;
Division of
Act into Parts.
British Waterways
Act
1974
c. xxiii 3
" the Board " means the British Waterways Board;
PART
I
" enactment" means any enactment, whether public general —com.
or local, and includes any order, byelaw, rule, regulation,
scheme or other instrument having effect by virtue of
an enactment;
" the limits of deviation " means the limits of deviation shown
on the deposited plans;
" the navigation " means that part of the Sheffield and South
Yorkshire Navigation which is composed partly of
navigable lengths of
the
river Don and partly of artificial
cuts between its junction with the New Junction Canal at
Bramwith and Ickles Lock in Rotherham;
" telegraphic line " has the same meaning as in the Telegraph
Act 1878;
1878
c.
76.
" the tribunal " means the Lands Tribunal;
" the undertaking " means the undertaking of the Board
as authorised from time to time; and
" the works " means the works authorised by Part II (Works)
of this Act.
(2)
Any
reference in this Act to any enactment shall
be
construed
as a reference to that enactment as applied, extended, amended or
varied by, or by virtue of, any subsequent enactment, including
this Act.
(3) References in this Act to reference points shall be construed
as references to ordnance survey National Grid reference points.
(4) All distances and lengths stated in any description of works,
powers or lands shall be construed as if the words " or there-
abouts " were inserted after each such distance and length and
distances between points on a waterway shall be taken to be
measured along the centre line of the channel of the waterway.
(5) Unless the context otherwise requires, any reference in this
Act to a work identified by the number of such work shall be
construed as a reference to the work of that number authorised
by this Act.
4—(1) The provisions of the Railways Clauses Consolidation incorporation
Act 1845 with respect to the temporary occupation of lands near of Railways
the railway during the construction thereof
are,
so far as the same Clauses Con-
are applicable for the purposes and are not inconsistent with or ^1 mT
varied by the provisions of this Act, incorporated with and form .
Part of this Act. 1M5 '
i( (2) For the purposes of the said provisions as so incorporated,
" the special Act" means this Act, " the railway " means the
works, " the centre of the railway " means the centre lines of the
works and " the company " means the Board.

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