The Wye Navigation Order 2002

Directions for regulating vessels

20.—(1) An officer may give directions for all or any of the following purposes—

(a) for regulating the time at which and the manner in which any vessel may enter, leave or lie on the principal rivers;

(b) for regulating the position, mooring, unmooring, placing or removing of any vessel while it is on the principal rivers;

(c) for regulating the position in which any vessel may, while on the principal rivers, take in or discharge cargo or ballast or take in or land passengers;

(d) for regulating the manner in which any vessel on the principal rivers may be dismantled, either for the safety of the vessel or for preventing injury to other vessels or property or to any part of the principal rivers;

(e) for removing unserviceable vessels from the principal rivers and keeping them clear;

(f) for prohibiting the mooring or anchoring of any vessel in any particular part or parts of the principal rivers; and

(g) for regulating the manner in which vessels are to navigate or be used while on the principal rivers.

(2) In any case which appears to an officer to be an emergency, general directions given under this article may be expressed to be applicable to all vessels or to all vessels of a particular class.

(3) Directions under this article shall be communicated to the person having charge of the vessel concerned by being given to him unless it is not reasonably practicable to do so, in which case they shall be communicated to him in such manner as the officer considers appropriate.

(4) In exercising the powers of this article an officer shall have due regard to the desirability of not interfering with the exercise by any person of a right of navigation and use enjoyed as an incident of an interest in land, where no payment or other benefit is made to or conferred on that person by a third party in respect of the exercise of that right.

(5) The master of a vessel shall comply with any direction given under this article which—

(a) applies in relation to his vessel; and

(b) has been communicated to him by or on behalf of the officer giving it,

and any master who fails (without reasonable excuse) to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) No direction shall be given under this article so as unreasonably to hinder or prevent the use of any vessel by or on behalf of Dŵr Cymru in connection with any of its functions.