Norfolk and Suffolk Broads Act 1988

1. Introductory Text

2. Part I The Broads Authority

   1. 1. The Broads Authority

   2. 2. Functions of Authority: general

   3. 3. The Broads Plan

   4. 4. Conservation of areas of natural beauty

   5. 5. Notification of certain operations within the Broads

   6. 6. Byelaws: general

   7. 7. Alteration of constitution of Authority

3. Part II Navigation

   1. 8. The navigation area

   2. 9. The Navigation Committee

   3. 10. Functions of Authority and others in relation to the navigation area

   4. 11. Licences required for construction of works

   5. 12. Contravention of section 11(1)

4. Part III Finance

   1. 13. Navigation charges

   2. 14. Authority’s power to make levies on participating authorities

   3. 15. Grants from Secretary of State

   4. 16. Borrowing powers of Authority

   5. 17. Accounts and auditing

5. Part IV Miscellaneous and Supplemental

   1. 18. Transfer of staff to Authority

   2. 19. Transfer of property, rights and liabilities

   3. 20. Annual report

   4. 21. Application to Authority of certain enactments applying to local authorities etc

   5. 22. Protection of Crown interests

   6. 23. Power to make incidental, consequential and transitional provision

   7. 24. Orders and byelaws

   8. 25. Interpretation

   9. 26. Commencement

   10. 27. Short title, etc

6. SCHEDULES

   1. SCHEDULE 1

      The Broads Authority

      1. Appointment of members

         1. 1. (1) Every member of the Authority shall be appointed for...

      2. Replacement of members

         1. 2. (1) The appointment of a person to the Authority by...

      3. Meetings of Authority

         1. 3. (1) The Authority shall in every year hold an annual...

         2. 4. (1) Meetings of the Authority shall be held at such...

      4. Chairman and vice-chairman

         1. 5. (1) The Authority shall in each year appoint a chairman...

      5. Authority’s chief officer

         1. 6. The Authority shall not— (a) appoint a person to the...

   2. SCHEDULE 2

      Variation of Area Treated as the Broads

      1. Part I Variation of Area Shown on Deposited Map

         1. 1. The area which is shown coloured pink on Sheet 37...

         2. 2. The area which is shown coloured pink on Sheet 24...

      2. Part II Variation by Order

         1. 3. Where the Countryside Commission has received a proposal from the...

         2. 4. Where the Commission conducts a review under this Schedule it...

         3. 5. The Commission shall have regard to any representations duly made...

         4. 6. Where, following the review of any proposal under this Schedule,...

         5. 7. The Secretary of State may by order give effect to...

         6. 8. Before deciding whether or not to give effect to any...

         7. 9. Without prejudice to the generality of section 24(3) of this...

         8. 10. Before making to the Commission any proposal of any kind...

   3. SCHEDULE 3

      Functions of Authority

      1. Part I Planning and Connected Matters

         1. The Electricity (Supply) Act 1919

            1. 1. In section 21(2) of the Electricity (Supply) Act 1919 (meaning...

         2. The National Parks and Access to the Countryside Act 1949

            1. 2. In the National Parks and Access to the Countryside Act...

         3. The Land Compensation Act 1961

            1. 3. In section 17 of the Land Compensation Act 1961 (certification...

         4. The Local Authorities (Historic Buildings) Act 1962

            1. 4. In section 1 of the Local Authorities (Historic Buildings) Act...

         5. The Water Resources Act 1963

            1. 5. In section 54 of the Water Resources Act 1963 (general...

         6. The Countryside Act 1968

            1. 6. In the Countryside Act 1968, the following section shall be...

         7. The Town and Country Planning Act 1971

            1. 7. In the Town and Country Planning Act 1971 the following...

            2. 8. In section 1(6) of the Act of 1971 (section 1...

            3. 9. In section 1A of the Act of 1971 (hazardous substances...

            4. 10. In section 24E(1) of the Act of 1971 (exclusion of...

            5. 11. In section 40 of the Act of 1971 (development by...

            6. 12. In section 54 of the Act of 1971 (lists of...

            7. 13. In section 54A of the Act of 1971 (issue of...

            8. 14. In section 101 of the Act of 1971 (urgent works...

            9. 15. In section 114 of the Act of 1971 (compulsory acquisition...

            10. 16. In section 115 of the Act of 1971 (repairs notice...

            11. 17. In section 117 of the Act of 1971 (minimum compensation...

            12. 18. In section 126 of the Act of 1971 (management etc....

            13. 19. In section 181 of the Act of 1971 (action by...

            14. 20. In section 182 of the Act of 1971 (procedure on...

            15. 21. In section 212 of the Act of 1971 (power by...

            16. 22. In section 214 of the Act of 1971 (extinguishment of...

            17. 23. In section 280 of the Act of 1971 (rights of...

            18. 24. In section 284 of the Act of 1971 (power to...

            19. 25. In section 290 of the Act of 1971 (interpretation), the...

            20. 26. In Schedule 19 to the Act of 1971 (proceedings on...

         8. The Town and Country Planning (Amendment) Act 1972

            1. 27. In section 10B of the Town and Country Planning (Amendment)...

         9. The Local Government Act 1972

            1. 28. In paragraph 10 of Schedule 16 to the Local Government...

         10. The Race Relations Act 1976

             1. 29. In section 19A of the Race Relations Act 1976 (discrimination...

         11. The Ancient Monuments and Archaeological Areas Act 1979

             1. 30. (1) In the Ancient Monuments and Archaeological Areas Act 1979,...

         12. The Wildlife and Countryside Act 1981

             1. 31. (1) In section 28 of the Wildlife and Countryside Act...

         13. The Town and Country Planning Act 1984

             1. 32. In section 6 of the Town and Country Planning Act...

      2. Part II Miscellaneous Functions

         1. Land Drainage

            1. 33. (1) The Authority shall, after consulting— (a) the internal drainage...

         2. Water

            1. 34. (1) For the purpose of improving the quality of water...

            2. 35. Before implementing any proposal the implementation of which is likely...

         3. Discharge of trade and sewage effluent

            1. 36. The Authority shall be treated as a local authority for...

         4. Staithes

            1. 37. (1) The Authority shall have all the powers of an...

         5. Common Land

            1. 38. (1) In relation to any registered common within the Broads...

         6. Open spaces

            1. 39. The Authority shall be treated as a local authority for...

         7. Provision of facilities

            1. 40. (1) Subject to sub-paragraphs (3) and (4) below, the Authority...

         8. Caravan sites

            1. 41. The Authority shall be treated as a local authority for...

         9. Conservation of buildings etc.

            1. 42. The Authority may, either for the purpose of preserving the...

         10. Derelict land

             1. 43. The Authority shall be treated as a local authority, and...

         11. Compulsory acquisitions

             1. 44. (1) The Secretary of State may authorise the Authority to...

         12. Refuse disposal

             1. 45. The Authority shall be treated as a local authority for...

         13. Litter

             1. 46. The Authority shall be treated as a litter authority for...

         14. Footpaths and bridleways

             1. 47. (1) The Authority shall be treated as a local authority...

         15. Tree preservation

             1. 48. The Authority shall be treated as a local planning authority...

         16. Publication of information

             1. 49. (1) The Authority may— (a) publish, or arrange for the...

   4. SCHEDULE 4

      The Navigation Committee

      1. Appointment of members

         1. 1. (1) Every member of the Navigation Committee shall be appointed...

      2. Replacement of members

         1. 2. (1) The appointment of a person to the Committee from...

      3. Attendance at meetings

         1. 3. Section 85 of the Local Government Act 1972 (vacation of...

      4. Proceedings of Committee

         1. 4. (1) No business shall be transacted at any meeting of...

   5. SCHEDULE 5

      The Navigation Area

      1. Part I Functions of Authority

         1. Maintenance and improvement

            1. 1. (1) For the purpose of enabling the Authority to carry...

         2. Dredging

            1. 2. (1) The Authority may— (a) deepen, dredge, scour or excavate...

         3. Communication with vessels

            1. 3. The Authority shall, with a view to ensuring the safety...

         4. Byelaws

            1. 4. Without prejudice to the generality of section 10(3) of this...

         5. Registration of vessels

            1. 5. (1) Without prejudice to the generality of section 10(3) of...

         6. Appeal against cancellation or refusal to register

            1. 6. (1) Any person who is aggrieved by the Authority’s refusal...

         7. Supplementary provisions in relation to byelaws

            1. 7. (1) Subsections (3) to (8) and (11) of section 236,...

         8. Contravention of byelaws

            1. 8. (1) Byelaws made under section 10(3) of this Act may...

         9. Information as to navigation by pleasure craft

            1. 9. (1) Where the Authority has reasonable grounds for believing that...

         10. Temporary closure of waterways

             1. 10. (1) The Authority may, for the purpose—

         11. Repair of landing places etc.

             1. 11. (1) Where the Authority is of the opinion that any...

         12. Removal of wrecks etc.

             1. 12. (1) The Authority may raise, remove or destroy any vessel...

         13. Nature conservation

             1. 13. (1) The Authority may, for the purpose of conserving the...

             2. 14. (1) This paragraph applies where the Authority has exercised its...

             3. 15. The Authority shall, as soon as is reasonably practicable after...

         14. Consultation with Navigation Committee

             1. 16. (1) The Authority shall consult the Navigation Committee before exercising...

      2. Part II Functions of Navigation Officers

         1. Interpretation

            1. 17. In this Part of this Schedule “the navigation officer” means—...

         2. Directions for regulating vessels

            1. 18. (1) The navigation officer may give directions for all or...

         3. Seagoing freight traffic

            1. 19. (1) The Norwich navigation officer shall exercise his powers under...

      3. Part III Miscellaneous

         1. Integration of administration with the Commissioners

            1. 20. (1) The Authority and the Commissioners may enter into an...

         2. Protection of statutory undertakers

            1. 21. (1) The provisions of this paragraph shall apply unless provision...

         3. Duty of Authority to notify Commissioners of dredging and other work

            1. 22. (1) The Authority shall, before— (a) undertaking any dredging or...

         4. New rights of navigation

            1. 23. (1) The Authority may enter into an agreement with any...

   6. SCHEDULE 6

      Application to Authority of Certain Enactments Applying to Local Authorities etc.

      1. The Commons Act 1899

         1. 1. In section 18 of the Commons Act 1899 (power of...

      2. The Landlord and Tenant Act 1954

         1. 2. In section 69 of the Landlord and Tenant Act 1954...

      3. The Trustee Investments Act 1961

         1. 3. In section 11 of the Trustee Investments Act 1961 (local...

      4. The Local Government (Records) Act 1962

         1. 4. In section 8 of the Local Government (Records) Act 1962...

      5. The General Rate Act 1967

         1. 5. (1) In section 44 of the General Rate Act 1967...

      6. The Leasehold Reform Act 1967

         1. 6. In section 28 of the Leasehold Reform Act 1967 (retention...

      7. The Employers Liability (Compulsory Insurance) Act 1969

         1. 7. In section 3 of the Employers Liability (Compulsory Insurance) Act...

      8. The Local Authorities (Goods and Services) Act 1970

         1. 8. (1) In section 1 of the Local Authorities (Goods and...

      9. The Road Traffic Act 1972

         1. 9. In section 144 of the Road Traffic Act 1972 (exceptions...

      10. The Local Government Act 1972

          1. 10. (1) The following section shall be inserted in the Local...

      11. The Employment Agencies Act 1973

          1. 11. In section 13 of the Employment Agencies Act 1973, the...

      12. The Local Government Act 1974

          1. 12. In section 34 of the Local Government Act 1974 (interpretation...

      13. The Health and Safety at Work etc. Act 1974

          1. 13. In section 28 of the Health and Safety at Work...

      14. The Local Land Charges Act 1975

          1. 14. In section 1 of the Local Land Charges Act 1975...

      15. The Local Government (Miscellaneous Provisions) Act 1976

          1. 15. In section 44 of the Local Government (Miscellaneous Provisions) Act...

      16. The Race Relations Act 1976

          1. 16. In section 71 of the Race Relations Act 1976 (general...

      17. The Rent (Agriculture) Act 1976

          1. 17. In section 5(3) of the Rent (Agriculture) Act 1976 (no...

      18. The Rent Act 1977

          1. 18. In section 14 of the Rent Act 1977 (exemption from...

      19. The Employment Protection (Consolidation) Act 1978

          1. 19. In section 29(1) of the Employment Protection (Consolidation) Act 1978...

      20. The Justices of the Peace Act 1979

          1. 20. In section 64 of the Justices of the Peace Act...

      21. The Local Government, Planning and Land Act 1980

          1. 21. (1) In section 71 of the Local Government, Planning and...

      22. The Acquisition of Land Act 1981

          1. 22. In section 17 of the Acquisition of Land Act 1981...

      23. The Local Government (Miscellaneous Provisions) Act 1982

          1. 23. (1) In section 33 of the Local Government (Miscellaneous Provisions)...

      24. The County Courts Act 1984

          1. 24. In section 60 of the County Courts Act 1984 (right...

      25. The Housing Act 1985

          1. 25. In the definition of “local authority” in section 4 of...

      26. The Landlord and Tenant Act 1985

          1. 26. In the definition of “local authority” in section 38 of...

      27. The Local Government Act 1986

          1. 27. In section 6 of the Local Government Act 1986 (interpretation...

      28. The Landlord and Tenant Act 1987

          1. 28. In section 58 of the Landlord and Tenant Act 1987...

   7. SCHEDULE 7

      Transitional Provisions

      1. Initial appointment of members of the Authority

         1. 1. (1) The initial appointment of members of the Authority under...

      2. Initial appointment of members of the Navigation Committee

         1. 2. Section 9(6) of this Act shall not apply in relation...

      3. First meeting of the Authority

         1. 3. (1) The first meeting of the Authority shall be held...

      4. Continuity of exercise of functions

         1. 4. (1) Anything which immediately before the operative date is in...

      5. Variation of area of jurisdiction of the Authority

         1. 5. (1) Where the Commissioners and the Authority submit joint proposals...

      6. Consultation

         1. 6. (1) Consultations carried out by the Secretary of State before...

      7. Temporary borrowing

         1. 7. (1) Without prejudice to the borrowing powers of the Authority...