Broads Authority Bill
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421870M01A 31-03-2009 00:36:55 Unit: PAGM [SO] Pag Table: NBILLM REVISE 16.11.2002 Broads Authority Bill [AS AMENDED IN COMMITTEE] EXPLANATORY MEMORANDUM This Bill is promoted by the Broads Authority, the authority established by the Norfolk and Suffolk Broads Act 1988 (“the 1988 Act”) with responsibility for the area known as the Norfolk and Suffolk Broads, or the Broads. By virtue of the 1988 Act it is the general duty of the Authority to manage the Broads for the purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads, promoting opportunities for the understanding and the enjoyment of the special qualities of the Broads by the public and protecting the interests of navigation. The Bill confers further powers on the Authority in relation to the navigable waters and banks comprised in the Broads (referred to in the 1988 Act and in the Bill as “the navigation area”) and makes other provisions. Certain of the powers of the Bill are exercisable in relation to waters connected to the navigation area and referred to in the Bill as “adjacent waters”. PART 1 PRELIMINARY Clause 1 gives the short title for the intended Act. Clause 2 contains definitions of terms used in the Bill. Clause 2(2) defines the expression “adjacent waters”, and clause 2(3) provides that nothing in the intended Act shall have the effect of constituting the Authority as harbour or navigation authority for any adjacent waters. Clause 3 provides for certain provisions of the Bill to come into operation on a day or days (“the appointed day”) to be appointed by resolution of the Authority. PART 2 REGULATION AND MANAGEMENT OF NAVIGATION AREA Clause 4 allows the Authority to give general directions in respect of vessels in, or proposing to enter, or leaving, the navigation area. General directions may be given to regulate the movement, mooring, equipment carried and information supplied in relation to vessels and for the safety of navigation, persons and property in the navigation area. Clause 5 gives effect to Schedule 1 which lays down the procedures to be observed by the Authority in relation to the giving, amendment or revocation of general directions. Clause 6 allows the navigation officer of the Authority (“the navigation officer”) to give special directions to vessels for the purposes set out in the clause. These include requiring persons to comply with a general direction. 54/4 421870M01A 31-03-2009 00:36:56 Unit: PAGM [e] Pag Table: NBILLM REVISE 16.11.2002 Broads Authority Bill 2 Clause 7 makes it an offence to fail to comply with a general direction or special direction. Clause 8 provides for the enforcement of special directions if the direction is not complied within a reasonable time. The navigation officer may put persons on board the vessel to carry out the direction. If those persons are refused entry, the navigation officer may apply to a justice of the peace for a warrant to authorise entry. A person who boards an unoccupied vessel may break open the wheel house, cabin or other enclosed area so as to gain access to the controls, engine or other equipment to prevent grave and imminent danger to persons and property. Clause 9 provides that the responsibilities of the master of a vessel are not diminished or affected by the giving of general or special directions. Clause 10 enables the Authority to designate approved places for the loading and unloading of certain types of goods. Where a place has been designated under this provision for goods of any description the navigation officer may direct that goods of that description shall not be deposited or received elsewhere than at that place. The Authority may remove goods deposited or received in contravention of a direction together with related equipment. Clause 11 enables the Authority to make byelaws for the registration of vessels in the navigation area or on adjacent waters. Byelaws under this provision may also provide for the determination and recovery of tolls. Byelaws may also exempt prescribed classes of vessels from the requirement to register. The Authority may charge reasonable fees in respect of the administration expenses of dealing with the application. Amongst other procedural arrangements clause 11 enables the Authority to require an applicant for the registration of a vessel to provide evidence that the vessel complies with construction and equipment standards imposed under clause 12, and with the requirement to maintain an insurance policy in accordance with clause 14. The Authority may refuse or cancel registration of a vessel which does not comply with standards or which is not duly insured. Clause 12 enables the Authority to impose construction and equipment standards (referred to in the Bill as “standards”) in relation to vessels in the navigation area or on adjacent waters. Exemptions may be granted from the requirements of standards. Clause 13 establishes the standards appeals panel to determine questions concerning standards and exemptions. The panel will be constituted and will operate in accordance with the provisions in Schedule 2. Clause 14 requires owners of vessels within categories designated by the Authority to maintain an insurance policy complying with the relevant provisions of Schedule 3. Provision is made for the Authority to grant exemptions. Clause 15 makes it an offence for the owner and in some cases the master of a vessel to fail to comply with the requirements as to standards and insurance policies. Clause 16 exempts certain vessels from byelaws having effect under clause 11 and from the requirements of clauses 12 and 14 as to standards and insurance. 421870M01A 31-03-2009 00:36:56 Unit: PAGM [O] Pag Table: NBILLM REVISE 16.11.2002 Broads Authority Bill 3 Clause 17 allows an authorised officer to board and inspect any vessel in the navigation area or on adjacent waters to ascertain whether the vessel complies with requirements made under the intended Act or byelaws, to determine whether the Authority should exercise or perform its powers or duties and if so to exercise such powers or duties. An authorised officer who boards a vessel may carry out measurements and tests, and take samples. The master of a vessel subject to boarding and inspection is required to facilitate the exercise of these powers. Clause 17(3) applies provisions of the Water Resources Act 1991 under which an authorised officer who is refused entry may apply to a justice of the peace for a warrant to authorise entry. Clauses 18 to 20 together make provisions as to unsafe vessels in the navigation area and on adjacent waters. Clause 18 sets out the circumstances in which a vessel is to be regarded as unsafe; these are cases where a vessel gives rise to danger to persons or property, or the risk of pollution. By clause 19, an authorised officer may require the master of an unsafe vessel to remove the vessel and to carry out works or take action to remove any imminent danger or risk of pollution. Clause 20 enables the Authority to relocate, move or store an unsafe vessel in cases where there is no-one on board the vessel or where the master has not complied with a requirement made under clause 19. The Authority may recover expenses incurred as a result of the exercise of the powers of clause 20. In seeking to exercise its powers in respect of unsafe vessels, the Authority must give notice to any such vessel’s owner, except in cases of emergency. The Authority may obtain a court order authorising the sale of an unsafe vessel. Clause 21 provides that an authorised officer may require masters or owners of vessels to give their names and addresses, to provide other information and to produce documents and other items relating to vessels for inspection. Such a request need not be in writing and may be given in any manner considered by the authorised officer to be appropriate. Clause 22 enables the Authority by notice to require owners and masters to supply information as to vessels and as to the identity of other persons believed by the Authority to be or to have been the owners or masters. Clause 23 extends section 16 of the Local Government (Miscellaneous Provisions) Act 1976 so as to enable the Authority by notice to require landowners and others to provide certain information in respect of vessels moored on or adjoining land comprised in or adjoining the navigation area or adjacent waters. Clause 24 enables the Authority (subject to appropriate safeguards) to enter adjacent waters and land in the vicinity of the navigation area or adjacent waters for the purposes of certain provisions of the intended Act and of the 1988 Act. Clauses 25 to 32 enable the Authority to regulate water skiing and wake boarding in the navigation area. 421870M01A 31-03-2009 00:36:56 Unit: PAGM [e] Pag Table: NBILLM REVISE 16.11.2002 Broads Authority Bill 4 Clause 26 allows the Authority by resolution to designate zones where water skiing and wake boarding are permitted. A resolution may specify conditions subject to which water skiing or wake boarding is permitted in the zone. Before passing a resolution designating a zone or amending or revoking an earlier resolution the Authority is required to consult the navigation committee and interested parties, to publish notices and to consider representations made in response to the notices. Clause 27 provides for the issuing of permits authorising the holder and others to engage in water skiing or wake boarding in a zone. Clause 28 provides for the giving of directions in respect of water skiing and wake boarding.