Broads Authority—continued
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29.Directions as to water skiing and wake boarding
(1)The Authority may display signs within or in the vicinity of a zone giving directions to persons engaging in water skiing or wake boarding, or intending to do so.
(2)An authorised officer may also give such directions as are mentioned in subsection (1), and such directions need not be in writing, and may be given by any reasonable means.
(3)A direction under subsection (1) or (2)—
(a)may prohibit water skiing or wake boarding temporarily, on the whole or any part of a zone, by any person other than participants in any event;
(b)may prohibit water skiing or wake boarding temporarily, on the whole or part of any zone, where in the opinion of the Authority or of an authorised officer such a prohibition is necessary in any emergency;
(c)may be given so as to restrict the numbers of persons engaging in water skiing or wake boarding on the whole or any part of a zone where in the opinion of the Authority or of an authorised officer this is necessary to prevent congestion or in the interests of safety.
30.Offences as to water skiing and wake boarding

Any person who without reasonable excuse—

(a)engages in water skiing or wake boarding anywhere in the navigation area otherwise than in a zone;
(b)engages in water skiing or wake boarding in a zone otherwise than in accordance with a permit;
(c)contravenes any condition of a resolution passed under section 27, or of a permit;
(d)fails on demand to produce to an authorised officer any permit issued to him by the Authority; or
(e)contravenes any direction given under section 29

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

31.Cancellation and amendment of permits
(1)Subsection (2) shall have effect where a person is convicted of an offence under section 30, or under any byelaw relating to water skiing or wake boarding, or is in breach of any other byelaw of the Authority, or where it appears to the Authority that any condition of a permit as to insurance has not been observed.
(2)Where this subsection has effect the Authority may cancel any permit, or amend the conditions of any permit, held by or applicable to any person—
(a)who has been convicted of any such offence; or
(b)in respect of whom any condition as to insurance has not been observed.
32.Appeals
(1)Any person aggrieved by any decision of the Authority—
(a)to refuse to issue a permit;
(b)as to the conditions subject to which a permit shall be issued; or
(c)to cancel or amend any permit under section 31;

may appeal to a committee of the Authority.

(2)An appeal under subsection (1) may be brought at any time before the expiration of the period of 28 days beginning with the date upon which notification in writing is given of the decision.
(3)A person desiring to appeal against such decision as is mentioned in subsection (1) shall give a written notice to the Authority specifying the decision against which he wishes to appeal and the grounds upon which such appeal is made.
(4)On an appeal under this section, the committee may take such decision as it thinks fit.
(5)It shall be the duty of the Authority to give effect to the decision of the committee taken under subsection (4).
33.Water skiing and wake boarding: interpretation
(1)In the foregoing provisions of this Act—

"the holder" means any person authorised by a permit to engage in water skiing or wake boarding;

"permit" means a permit issued under section 28;

"towing vessel" means a vessel used or intended to be used for towing a person engaging in water skiing or wake boarding;

"wake boarding" means the towing by a vessel of a device ridden by a person, being a device designed to travel on the wake created by the vessel;

"water skiing" does not include wake boarding, the use of a personal water craft, or any similar activity;

"zone" means a zone designated under section 27.

(2)References in this Act to a person who engages in water skiing or wake boarding include both the person riding on the wake board or water skis and any person acting as master of, or otherwise concerned in the navigation of, any towing vessel, and "water skiing" and "wake boarding" shall be construed accordingly.

PART 3

MISCELLANEOUS

34.Meaning of "personal water craft", etc.
(1)For the purposes of this Act, the 1988 Act and of any byelaw made by the Authority (whether before or after the passing of this Act) under this Act or the 1988 Act "personal water craft" means any personal water craft, that is, any water craft (not being a structure which, by reason of its concave shape, provides buoyancy for the carriage of persons or goods) propelled by a jet drive or other mechanical means of propulsion and steered either—
(a)by means of a handlebar operated linkage system (with or without a rudder at the stern); or
(b)by the person or persons riding the craft using his or their body weight for the purpose; or
(c)by a combination of the methods referred to respectively in (a) and (b) above.
(2)The Secretary of State may by order amend the definition set out in subsection (1), and that definition as so amended shall have effect for the purposes of this Act, the 1988 Act and any byelaw such as is referred to in subsection (1).
(3)An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
35.Meaning of "vessel" in certain byelaws
(1)The byelaws made under the 1988 Act and referred to in subsection (2) shall have effect as though for the definition of "vessel" there were substituted the definition of that expression inserted in section 25 of that Act by section 44(2) of, and paragraph 10(3) of Schedule 6 to, this Act.
(2)Subsection (1) applies to the following byelaws—

Broads Authority Speed Limit Byelaws 1992;

Broads Authority Navigation Byelaws 1995;

Broads Authority Vessel Dimension Byelaws 1995;

Broads Authority Vessel Registration Byelaws 1997.

36.Breydon Water and Lower Bure
(1)In this section—

"Breydon Water and the Lower Bure" mean the areas described in Schedule 3 and shown edged in red on the deposited plan; and

"the deposited plan" means the plan deposited in connection with the Bill for this Act in the office of the Clerk of the Parliaments, the Private Bill Office of the House of Commons and at the principal office of the Authority.

(2)As from the appointed day Breydon Water and the Lower Bure shall form part of the navigation area for all purposes and accordingly—
(a)the 1988 Act and this Act, and any byelaws made or directions given under the 1988 Act, shall apply to Breydon Water and the Lower Bure as they apply to the navigation area as defined in the 1988 Act;
(b)the definition of the Haven in section 25 of the 1988 Act shall have effect subject to this section;
(c)the Great Yarmouth Port Authority Acts and Orders 1866 to 2005 and any byelaws made thereunder shall not apply to Breydon Water and the Lower Bure.
(3)In the event of any discrepancy between the boundaries of Breydon Water and the Lower Bure described in Schedule 3, and the boundaries shown on the deposited plan, the description shall prevail.
(4)The Authority and the Great Yarmouth Port Authority may enter into and carry into effect agreements for the purposes of or in connection with the transfer of Breydon Water and the Lower Bure by subsection (2).
37.Haddiscoe Cut
(1)In this section—

"the Act of 1827" means the Act 7 & 8 Geo. 4 c. xlii intituled "An Act for making and maintaining a Navigable Communication for ships and other vessels between the City of Norwich and the Sea at or near Lowestoft in the County of Suffolk"; and

"Haddiscoe Cut" means the Haddiscoe New Cut authorised by the Act of 1827 from its commencement by a junction with the river Yare to its termination by a junction with the river Waveney.

(2)As from the appointed day—
(a)the following provisions shall cease to have effect:—
In the British Transport Commission Act 1958 (xliv)—
subsections (3), (4) and (7) of section 17 (as to Haddiscoe Cut),
In the 1988 Act—
subsection (7) of section 8 (the navigation area);
subsection (2) of section 10 (functions of Authority and others in relation to the navigation area);
(b)subsection (5) of section 8 and subsection (1) of section 10 of the 1988 Act shall apply to Haddiscoe Cut;
(c)the Environment Agency shall cease to discharge any functions in relation to Haddiscoe Cut under the provisions of the said Act of 1958 referred to in paragraph (a).
(3)The Authority and the Environment Agency may enter into and carry into effect agreements for the purposes of or in connection with subsection (2).
38.Agreements with others
(1)The Authority may enter into agreements with any other person for the purpose of—
(a)facilitating the administration of any provision of the relevant enactments for the regulation of vessels in the navigation area or on adjacent waters; and
(b)integrating such administration with the administration by that person of any powers and controls exercised by that person or other arrangements made by it for the regulation of vessels.
(2)In particular, any agreement made under subsection (1) may provide—
(a)for treating registration or other certificates issued by one of the parties to the agreement as certificates issued by the other;
(b)for treating distinguishing marks or numbers assigned to vessels registered or certified by one party to the agreement as having been assigned to that vessel by the other; and
(c)for apportioning any registration fees or other charges between the parties to the agreement.
(3)To the extent provided by any agreement made under subsection (1), any certificate issued by a party to such an agreement shall be deemed for the purposes of the relevant enactments to have been issued by the Authority, and any mark, number or other distinguishing sign displayed on a vessel in accordance with the requirements of a person who is a party to such an agreement shall be treated as complying with the requirements of the relevant enactments.
(4)In this section, "the relevant enactments" means this Act, the 1988 Act and any byelaw of the Authority.
39.Provision of information
(1)This section applies to information which is held by or on behalf of the Authority (including information obtained by or on behalf of the Authority before the coming into force of this section) for the purposes of the following provisions of this Act—

sections 11 to 15 (provisions as to safety of vessels, etc.);

sections 16 to 25 (other provisions as to vessels);

sections 26 to 33 (provisions as to water skiing and wake boarding, etc.);

section 40 (as to Water Resources Act 1991, etc.);

section 42 (application of requirements of Public Health Acts Amendment Act 1907), and the provisions thereby applied to the Authority.

(2)Information to which this section applies may be supplied to a responsible authority for the purposes of facilitating the exercise of any functions of the Authority or of the responsible authority under any enactment.
(3)Information to which this section applies may be supplied to any person who can show to the satisfaction of the Authority that he has a reasonable cause for wanting the particulars to be made available to him.
(4)Information obtained by virtue of this section must not be further disclosed except to a responsible authority for the purposes mentioned in subsections (2) and (3).
(5)In this section "responsible authority" means any of the following—
(a)the chief officer of police for any police area in which the navigation area or any adjacent waters are situated;
(b)the fire and rescue authority for any area in which the navigation area or any adjacent waters are situated;
(c)the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the navigation area or any adjacent waters are situated;
(d)the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the navigation area or any adjacent waters are situated;
(e)the local authority by which statutory functions are exercisable in any area in which the navigation area or any adjacent waters are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health;
(f)in relation to a vessel—
(i)the Secretary of State;
(ii)the Environment Agency;
(iii)a harbour authority or a navigation authority; and
(iv)the British Waterways Board.
(6)For the purposes of this section, "statutory function" means a function conferred by or under any enactment.
40.As to Water Resources Act 1991, etc.
(1)The provisions of the 1991 Act and regulations mentioned in subsection (2) shall apply with all necessary modifications in relation to any controlled waters (as defined in section 104 of that Act) within the Broads as though references to the Agency included references to the Authority.
(2)Subsection (1) applies to the following provisions—

section 161 (anti-pollution works and operations);

section 161A (notices requiring persons to carry out anti-pollution works and operations);

section 161B (grant of, and compensation for, rights of entry, etc.);

section 161C (appeals against works notices);

section 161D (consequences of not complying with a works notice),

and to any regulations made under those provisions.

(3)Sections 108 and 110 of, and Schedule 18 to, the Environment Act 1995 (c. 25) and any regulations made thereunder shall apply with all necessary modifications for the purposes of the provisions mentioned in subsection (2) as though the Authority were an enforcing authority within the meaning of section 108 and as though those provisions were pollution control enactments conferring pollution control functions on the Authority.
41.Removal of vegetation, etc.
(1)Where it appears to the Authority that any part (including the roots) of a hedge, tree or shrub—
(a)overhangs or projects into, over or beneath the waters of the navigation area so as to endanger or cause significant obstruction to the passage of vessels, or
(b)is dead, diseased, damaged or insecurely rooted, and that by reason of its condition it, or part of it, is likely to cause danger by falling on the waters of the navigation area,

the Authority may lop or cut it so as to remove the cause of the danger or obstruction.

(2)The Authority may enter the land where the hedge, tree or shrub is situated if it is not reasonably practicable to lop or cut it so as to remove the cause of the danger or obstruction without such entry.
(3)Except in any emergency the Authority shall give not less than 14 days notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated of its intention to exercise the powers of this section.
(4)The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 4 to this Act (other than so much of those sections as authorises a local authority to require the person served with a notice to carry out works) shall have effect as if references in those sections to that Act included references to this section and as if the Authority were a local authority.
 

 
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Prepared 24 November 2006