Water Resources Act 1991 (c. 57)

(The document as of February, 2008)

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Compensation in respect of pipe-laying works on private land

2 (1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the Authority of any power to carry out pipe-laying works on private land, the person entitled to that interest shall be entitled to compensation from the Authority of an amount equal to the amount of the depreciation.

(2) Where the person entitled to an interest in any relevant land sustains loss or damage which--

(a) is attributable to the exercise by the Authority of any power to carry out pipe-laying works on private land;

(b) does not consist in depreciation of the value of that interest; and

(c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 154 of this Act,

he shall be entitled to compensation from the Authority in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

(3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the Authority, of any power to carry out pipe-laying works on private land, the Authority shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

(4) The Secretary of State may by regulations make provision requiring the Authority, where it is proposing or has begun, in a prescribed case, to exercise any power to carry out pipe-laying works on private land, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

(5) In this paragraph "relevant land", in relation to any exercise of a power to carry out pipe-laying works on private land, means the land where the power is exercised or land held with that land.

(6) In this paragraph the references to a power to carry out pipe-laying works on private land are references to any of the powers conferred by virtue of section 160 or 162(3) of this Act.

Assessment of compensation under paragraph 2

3 (1) Any question of disputed compensation under paragraph 2 above shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(2) For the purpose of assessing any compensation under paragraph 2 above, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (2) above is subject to a mortgage--

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(4) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under paragraph 2 above to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which--

(a) is contiguous or adjacent to that land; and

(b) is land to an interest in which that person is entitled in the same capacity.

Compensation in respect of discharges for works purposes

4 (1) It shall be the duty of the Authority--

(a) to cause as little loss and damage as possible in the exercise of the powers conferred on it by section 163 of this Act; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(2) For the purposes of sub-paragraph (1) above any extra expenditure--

(a) which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the Authority itself) to incur for the purpose of properly carrying out any statutory functions; and

(b) which is attributable to any discharge of water under section 163 of this Act,

shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section.

(3) Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

Compensation in respect of flood defence and drainage works

5 (1) Where injury is sustained by any person by reason of the exercise by the Authority of any powers under section 165(1) to (3) of this Act, the Authority shall be liable to make full compensation to the injured party.

(2) In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Lands Tribunal.

(3) Where injury is sustained by any person by reason of the exercise by the Authority of its powers under subsection (1)(b) of section 167 of this Act--

(a) the Authority may, if it thinks fit, pay to him such compensation as it may determine; and

(b) if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the Authority of its powers under section 165(1) to (3) of this Act.

Section 178.

SCHEDULE 22 Protection for particular Undertakings

General provisions protecting undertakings

1 (1) Nothing in any of the provisions of this Act conferring power on the Authority to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere--

(a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of that undertaking.

(2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(3) Subject to the following provisions of this Schedule, any dispute--

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;

(b) as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(4) The following are the undertakings protected by this paragraph, that is to say-

(a) the undertakings of the Civil Aviation Authority, the British Coal Corporation and the Post Office;

(b) the undertaking of any water undertaker or sewerage undertaker;

(c) any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984;

(d) any airport to which Part V of the [1986 c. 31.] Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986;

(f) the undertaking of any person authorised by a licence under Part I of the [1989 c. 29.] Electricity Act 1989 to generate, transmit or supply electricity;

(g) the undertaking of any navigation authority, harbour authority or conservancy authority or of any internal drainage board;

(h) the undertaking of any railway company;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.

(5) For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (4)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.

(6) The reference in sub-paragraph (1) above to the provisions of this Act conferring power to carry out works includes (without prejudice to the extent of that reference apart from this sub-paragraph) a reference to any provisions of any order under section 108 of this Act by virtue of which any such power is conferred.

Protection for statutory powers and jurisdiction

2 (1) Subject to sub-paragraph (2) below, nothing in--

(a) any provision of this Act conferring power on the Authority to carry out any works; or

(b) any of the flood defence provisions of this Act,

shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above.

(2) Nothing in this paragraph shall be taken to exclude the application of section 109 of this Act to any work executed by persons carrying on an undertaking protected by paragraph 1 above.

(3) Sub-paragraph (6) of paragraph 1 above shall apply for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.

(4) This paragraph shall be without prejudice to any power under this Act to transfer the functions of any authority.

Special protection for certain undertakings in respect of street works

3 (1) Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the [1980 c. 66.] Highways Act 1980)--

(a) is under the control or management of, or is maintainable by, a railway company or a navigation authority; or

(b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991.

(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) Any dispute--

(a) as to whether a consent for the purposes of sub-paragraph (1) above should be given or withheld; or

(b) as to whether the conditions to which any such consent is made subject are reasonable,

shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the Authority contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) The restrictions contained in paragraphs (1) to (5) of section 32 of the [1870 c. 78.] Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provisions--

(a) as they apply in relation to the powers mentioned in that section; and

(b) as if references in that section to a tramway included references to a trolley vehicle system.

(7) In this paragraph "the street works provisions" means sections 159 and 162(2) of this Act.

(8) Until the coming into force of section 52 of the New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the [1950 c. 39.] Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).

Protection for railways in connection with carrying out of flood defence functions

4 (1) Without prejudice to the preceding provisions of this Schedule, nothing in the flood defence provisions of this Act shall authorise any person, except with the consent of the railway company in question, to interfere with--

(a) any railway bridge or any other work connected with a railway; or

(b) the structure, use or maintenance of a railway or the traffic on it.

(2) A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(3) Subject to the following provisions of this Schedule, any dispute--

(a) as to whether anything interferes, or will interfere, as mentioned in sub-paragraph (1) above;

(b) as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or

Protection for telecommunication systems

5 Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Authority for the purposes of any works carried out by the Authority in exercise of any of the powers conferred by any enactment (including section 4(1) of this Act).

Interpretation

6 In this Schedule "railway company" means the British Railways Board, London Regional Transport or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway.

Section 182.

SCHEDULE 23 Mineral Rights

Acquisition of mineral rights

1 (1) This paragraph applies in each of the following cases, that is to say--

(a) where the Authority acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

(b) where the Authority carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.

(2) Subject to sub-paragraph (3) below, the Authority shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the Authority unless express provision to the contrary is contained--

(a) where the land vests in the Authority by virtue of a conveyance, in the conveyance; or

(b) where the land is acquired by the Authority in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.

(3) The Authority shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purpose of constructing, making, erecting or laying any part of its undertaking.

Notice required for the working of underlying mines

2 (1) If the owner of any mines or minerals underlying any part of the Authority's undertaking proposes to work them, he shall, not less than thirty days before the commencement of working, serve notice of his intention to do so on the Authority.

(2) On receipt of a notice under sub-paragraph (1) above the Authority may cause the mines or minerals to be inspected by a person designated by it for the purpose.

(3) Subject to sub-paragraph (5) and paragraph 3 below, if, where notice has been served under this paragraph, the Authority--

(a) considers that the working of the underlying mines or minerals is likely to damage any part of its undertaking;

(b) is willing to compensate the owner of the mines or minerals for the restriction imposed by virtue of this sub-paragraph; and

(c) serves notice to that effect on the owner of the mines or minerals before the end of the period of thirty days mentioned in sub-paragraph (1) above,

the owner shall not work the mines or minerals except to such extent as may be determined by the Authority, and the Authority shall so compensate the owner.

(4) Any dispute as to the amount of any compensation payable by virtue of sub-paragraph (3) above shall be referred to and determined by the Lands Tribunal.

(5) If before the end of the period of thirty days mentioned in sub-paragraph (1) above, no notice has been served under sub-paragraph (3)(c) above by the Authority, the entitlement of the owner of the mines and minerals to work them shall be an entitlement to work them by proper methods and in the usual manner of working such mines or minerals in the district in question.

(6) If any damage to the undertaking of the Authority is caused by the working otherwise than as authorised by this paragraph of any mines or minerals underlying any part of its undertaking--

(a) the owner of the mines or minerals shall, at his own expense, forthwith repair the damage; and

(b) the Authority may, without waiting for the owner to perform his duty, repair the damage and may recover the expenses reasonably incurred by it in doing so from the owner.

Mining communications

3 (1) If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the Authority.

(2) Communication works cut or made under this paragraph--

(a) shall not, in a case where--

(i) the part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the Authority in pursuance of any powers of compulsory acquisition; and

(ii) the order authorising the works or acquisition designates dimensions or sections for the communication works,

exceed those dimensions or fail to conform to those sections; and

(b) in any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.

(3) Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.

(4) Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the Authority shall pay full compensation to him for the loss or damage.

(5) Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.

(6) In this paragraph "communication works" means airways, headways, gateways or water levels.

Compensation relating to severance

4 (1) Where mines or minerals underlying any part of the Authority's undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the Authority shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of--

(a) the severance by the undertaking of the land lying over the mines;

(b) the interruption of continuous working of the mines in consequence of paragraph 2(3) above;

(c) the mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,

and shall pay for any minerals not purchased by the Authority which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the Authority's undertaking.

(2) Any dispute as to whether any sum should be paid under this paragraph, or as to the amount payable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the Authority and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.

Powers of entry

5 (1) Any person designated in writing for the purpose by the Authority may, for any purpose specified in sub-paragraph (2) below--

(a) enter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of the Authority's undertaking is situated; and

(b) enter the mines and any works connected with the mines.

(2) The purposes mentioned in sub-paragraph (1) above are--

(a) carrying out any inspection under paragraph 2(2) above;

(b) ascertaining whether any mines or minerals have been worked so as to damage the undertaking of the Authority; and

(c) carrying out any works and taking any other steps which the Authority in question is authorised to carry out or take under paragraph 2(6) above.

(3) A person authorised to enter any premises under this paragraph may--

(a) make use of any equipment belonging to the owner of the mines or minerals in question; and

(b) use all necessary means for discovering the distance from any part of the undertaking of the Authority to the parts of the mines or the minerals which are, or are about to be, worked.

(4) Schedule 20 to this Act shall apply in relation to the powers conferred by this paragraph as it applies to the powers conferred by sections 169 to 172 of this Act.

No exemption for injury to mines and minerals

6 Nothing in any provision of this Act or of any order made under this Act shall be construed as exempting the Authority from any liability to which it would, apart from that provision, have been subject in respect of any damage to any mines or minerals underlying any part of its undertaking or in respect of any loss sustained in relation to any such mines or minerals by a person having an interest therein.

Interpretation

7 (1) In this Schedule--

"conveyance" has the same meaning as in the [1925 c. 20.] Law of Property Act 1925;
"designated distance", in relation to any part of the Authority's undertaking, means, subject to sub-paragraph (6) below, thirty-seven metres;
"mines" means mines of coal, ironstone, slate or other minerals;
"owner", in relation to mines and minerals, includes a lessee or occupier; and
"underlying", in relation to any part of the Authority's undertaking, means lying under, or within the designated distance from, that part of that undertaking.

(2) For the purposes of this Schedule the Authority's undertaking shall be taken to consist of so much of any of the following as is for the time being vested in or held by the Authority for the purposes of, or in connection with, the carrying out of any of its functions, that is to say--

(a) any buildings, reservoirs, wells, boreholes or other structures; and

(b) any pipes or other underground works particulars of which fall or would fall to be incorporated in any records kept under section 195 of this Act.

(3) References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.

(4) For the purposes of this Schedule land shall be treated as acquired by the Authority in pursuance of powers of compulsory acquisition if it--

(a) was so acquired by a water authority or any predecessor of a water authority; and

(b) is now vested in the Authority in accordance with a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989 or otherwise.

(5) In relation to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition, references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

(6) For the purposes of this Schedule where--

(a) any part of the Authority's undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the Authority in pursuance of any powers of compulsory acquisition; and

(b) the order authorising the works or acquisition designates any distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking,

then for the purposes of this Schedule that distance (instead of the distance specified in subsection (1) above) shall be the designated distance in relation to that part of the undertaking.

Section 204.

SCHEDULE 24 Disclosure of Information

Part I Persons in respect of whose Functions Disclosure may be made

Any Minister of the Crown.
The Director General of Fair Trading.
The Monopolies and Mergers Commission.
The Director General of Telecommunications.
The Civil Aviation Authority.
The Director General of Gas Supply.
The Director General of Electricity Supply.
A local weights and measures authority in England and Wales.

Part II Enactments etc. in respect of which Disclosure may be made

The [1968 c. 29.] Trade Descriptions Act 1968.
The [1973 c. 41.] Fair Trading Act 1973.
The [1974 c. 39.] Consumer Credit Act 1974.
The [1976 c. 34.] Restrictive Trade Practices Act 1976.
The [1976 c. 53.] Resale Prices Act 1976.
The [1979 c. 38.] Estate Agents Act 1979.
The [1980 c. 21.] Competition Act 1980.
The [1984 c. 12.] Telecommunications Act 1984.
The [1986 c. 31.] Airports Act 1986.
The [1986 c. 44.] Gas Act 1986.
The [1987 c. 43.] Consumer Protection Act 1987.
The [1989 c. 29.] Electricity Act 1989.
Any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

Section 210.

SCHEDULE 25 Byelaw-making powers of the Authority

Byelaws for regulating use of inland waters

1 (1) Subject to the following provisions of this paragraph but without prejudice to the powers conferred by the following provisions of this Schedule, where it appears to the Authority to be necessary or expedient to do so for the purposes of any of the functions specified in paragraphs (a), (c) and (d) of section 2(1) of this Act, the Authority may make byelaws--

(a) prohibiting such inland waters as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes; or

(b) regulating the way in which any inland waters so specified may be used for any of those purposes.

(2) Byelaws made by the Authority under this paragraph shall not apply to--

(a) any tidal waters or any discrete waters;

(b) any inland waters in relation to which functions are exercisable by a navigation authority, harbour authority or conservancy authority other than the Authority; or

(3) Byelaws made in respect of any inland waters by virtue of this paragraph may--

(a) include provision prohibiting the use of the inland waters by boats which are not for the time being registered with the Authority in such manner as the byelaws may provide; and

(b) authorise the Authority to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Byelaws for regulating the use of navigable waters etc.

2 (1) The Authority shall have power to make such byelaws as are mentioned in sub-paragraph (3) below with respect to any inland waters in relation to which--

(a) there is a public right of navigation; and

(b) the condition specified in sub-paragraph (2) below is satisfied,

and with respect to any land associated with such waters.

(2) For the purposes of this paragraph the condition mentioned in sub-paragraph (1) above is satisfied in relation to any waters if navigation in those waters--

(a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3) The byelaws referred to in sub-paragraph (1) above in relation to any inland waters or to any land associated with any such waters are byelaws for any of the following purposes, that is to say--

(a) the preservation of order in or on any such waters or land;

(b) the prevention of damage to anything in or on any such waters or land or to any such land;

(c) securing that persons resorting to any such waters or land so behave as to avoid undue interference with the enjoyment of the waters or land by others.

(4) Without prejudice to the generality of any of the paragraphs of sub-paragraph (3) above or to the power conferred on the Authority by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws--

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the Authority;

(d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5) In this paragraph "boat" includes a vessel of any description, and "boating" shall be construed accordingly.

Byelaws for regulating the use of the Authority's waterways etc.

3 (1) The Authority shall have power to make such byelaws as are mentioned in sub-paragraph (2) below with respect to any waterway owned or managed by the Authority and with respect to any land held or managed with the waterway.

(2) The byelaws referred to in sub-paragraph (1) above in relation to any waterway or to any land held or managed with any such waterway are byelaws for any of the following purposes, that is to say--

(a) the preservation of order on or in any such waterway or land;

(b) the prevention of damage to anything on or in any such waterway or land or to any such land;

(c) securing that persons resorting to any such waterway or land so behave as to avoid undue interference with the enjoyment of the waterway or land by others.

(3) Without prejudice to the generality of any of the paragraphs of sub-paragraph (2) above or to the power conferred on the Authority by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws--

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the waterway in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the Authority;

(d) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(4) In this paragraph--

"boat" and "boating" have the same meanings as in paragraph 2 above; and
"waterway" has the same meaning as in the National Parks and Access to the [1949 c. 97.] Countryside Act 1949.

Byelaws for controlling certain forms of pollution

4 (1) The Authority may by byelaws make such provision as the Authority considers appropriate--

(a) for prohibiting or regulating the washing or cleaning in any controlled waters of things of a description specified in the byelaws;

(b) for prohibiting or regulating the keeping or use on any controlled waters of vessels of a description specified in the byelaws which are provided with water closets or other sanitary appliances.

(2) In this paragraph--

"controlled waters" has the same meaning as in Part III of this Act; and
"sanitary appliance", in relation to a vessel, means any appliance which--

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