SCHEDULES

Section 2(5).

SCHEDULE 1Acquisition of Land

PART ISection 2 Land

Modification of Compulsory Purchase Act 1965

1Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 shall have effect, in its application by virtue of section 2(2) of this Act to the acquisition of land under that section, as if—

(a)references to an order under section 2(1) of the [1981 c. 67.] Acquisition of Land Act 1981 were references to section 2 of this Act; and

(b)in section 11(1) (power of acquiring authority having served notice to treat to enter on land after giving fourteen days notice) for the words " fourteen days" there were substituted the words " three months " .

Private rights of way

2(1)All private rights of way over any land which may be acquired compulsorily under section 2 of this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on entry on the land in pursuance of section 11(1) of the Compulsory Purchase Act 1965, whichever is the sooner.

(2)A person who suffers loss by the extinction of any private right under sub-paragraph (1) above shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

PART IILand Other Than Section 2 Land

Objections to compulsory purchase order

3Where proceedings required by Schedule 1 to the Acquisition of Land Act 1981 to be taken in respect of a compulsory purchase order proposed to be made in pursuance of section 3 of this Act are so taken, the Secretary of State may disregard for the purposes of that Schedule any objection to the draft compulsory purchase order which in his opinion amounts in substance to an objection to the Scheme.

Compulsory acquisition of rights

4(1)In relation to the compulsory acquisition of a right by virtue of section 3(2) of this Act, the following provisions of the 1980 Act shall apply—

(a)as if references to such a compulsory acquisition were included in references to the compulsory acquisition of a right by virtue of section 250 of that Act; and

(b)as if a compulsory purchase order providing for such a compulsory acquisition were made in the exercise of highway land acquisition powers.

(2)The provisions mentioned above are—

(a)section 250(4) and (5) and Part II of Schedule 19 (adaptations of [1965 c. 56.] Compulsory Purchase Act 1965 and the enactments relating to compensation for compulsory purchase);

(b)section 251 (rights acquired to be binding on successive owners of the land); and

(c)sections 252 and 261(2) (power of landowners affected by rights acquisition to compel acquisition of whole interest).

Commons etc.

5Where the Secretary of State is authorised under section 3 of this Act to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment (within the meanings of paragraph 6 of Schedule 3 to the [1981 c. 67.] Acquisition of Land Act 1981), or rights over such land, he may be authorised under section 3 of this Act to acquire compulsorily land for giving in exchange for the land or rights acquired.

PART IIIGeneral

Compensation

6(1)In assessing the compensation payable in respect of the compulsory acquisition of land under section 2 or 3 of this Act, the Lands Tribunal—

(a)shall have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by the purpose for which the land is authorised to be acquired ; and

(b)shall take into account, and embody in its award, any undertaking given by the Secretary of State as to the use to which the land, or any part of it, will be put.

(2)In assessing the compensation payable in respect of the compulsory acquisition of rights by virtue of section 3(2) of this Act, the Lands Tribunal—

(a)shall have regard to the extent to which the land over which the right in question is, or is to be acquired, or any contiguous land belonging to the same person, may be benefited by the purpose for which the right may be authorised to be acquired ; and

(b)shall take into account, and embody in its award, any undertaking given by the Secretary of State as to the manner in which the right will be exercised.

(3)Where by a compulsory purchase order made in pursuance of section 3 of this Act the Secretary of State acquires two or more rights over land belonging to the same person, or acquires not only one or more rights but also adjoining or adjacent land so belonging then, in applying sub-paragraph (1) or (2) above, the Lands Tribunal shall consider together the compensation payable in respect of both or all of the rights or, as the case may be, in respect of the right or rights and also the adjoining or adjacent land.

(4)In its application in respect of a compulsory acquisition under section 2 or 3 of this Act, section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall have effect subject to sub-paragraphs (1) and (2) above.

7Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, in its application to a compulsory acquisition under section 2 or 3 of this Act, shall have effect as if the works authorised to be executed by this Act included the principal construction works (so far as not so authorised).

Statutory undertakers

8(1)Sections 230 to 232 of the [1971 c. 78.] Town and Country Planning Act 1971 (power to extinguish rights of statutory undertakers and power of statutory undertakers to remove or re-site apparatus) shall apply in relation to land acquired (whether compulsorily or by agreement) for or in connection with the principal works as they apply to land acquired as mentioned in section 230(1) of that Act, but as if—

(a)the references in sections 230(1) and 232(1) to the development with a view to which the land was acquired or appropriated or the development to be carried out on the land were references to any of the principal works to be carried out on the land ; and

(b)the references in section 232(2) to beginning to carry out the development of the land were references to beginning to carry out any of the principal works on the land ;

and all such other provisions of that Act as apply for the purposes of sections 230 to 232 (including sections 237(2) and (3), 238 and 240, which provide for the payment of compensation, and sections 233 to 236, which contain provisions consequential on the extinguishment of any rights under section 230) shall have effect accordingly.

(2)In the provisions of that Act, as they apply by virtue of sub-paragraph (1) above in relation to land acquired for or in connection with the principal works, references to the undertaking of statutory undertakers shall be read, in relation to the Welsh Water Authority, as including any activities undertaken by the Authority in exercise of any of the functions of the Authority under Part II of the [1936 c. 49.] Public Health Act 1936 or under sections 14 to 16 of the [1973 c. 37.] Water Act 1973 (sewerage functions).

Section 6(1).

SCHEDULE 2Subsidiary Works and Supplementary Powers

Subsidiary construction works, etc.

1The Secretary of State may, for the purposes of or in connection with the principal works, construct, provide and maintain—

(a)all such roads, approaches, bridges, stairs, basins, slipways, ramps, passages, means of ingress or egress, shafts, stages, buildings, walls, fences, pumping works and temporary fabrication facilities ;

(b)all such embankments, aprons, abutments, retaining walls, wing walls, drains and culverts ;

(c)all such temporary piles, fenders, booms, moorings, dolphins, pontoons, caissons, cofferdams, piers and wharves ; and

(d)all such other structures, plant and works ;

as appear to him to be necessary or convenient.

2The Secretary of State may carry out any works and do any things necessary for the protection of any land adjoining land on which any of the principal works are carried out.

3The works authorised by paragraphs 1 and 2 above include all necessary and convenient subsidiary and incidental works ; and references below in this Schedule to works so authorised include references to any other action so authorised.

Other subsidiary works and supplementary powers

4(1)The Secretary of State may carry out, in any manner and by any means appearing to him to be appropriate, such excavations, such dredging and dumping operations and such pumping operations as appear to him to be necessary or convenient for the purpose of—

(a)the principal works ; or

(b)any works authorised by paragraph 1 or 2 above.

(2)The Secretary of State may carry out, in any manner and by any means appearing to him to be appropriate, such operations for the purpose of maintaining any channel or trench excavated or dredged in pursuance of this paragraph as appear to him to be necessary or convenient for that purpose.

(3)The Secretary of State may use, appropriate, store, deposit or dispose of any materials (including liquid) excavated, dredged or pumped in pursuance of this paragraph in any manner or by any means appearing to him to be appropriate.

5The Secretary of State may temporarily alter, interfere with, occupy or use the banks, bed and foreshores of the Estuary in any manner and to any extent appearing to him to be necessary or convenient for the purpose of—

(a)the principal works ; or

(b)any works authorised by paragraph 1 or 2 above.

6The Secretary of State may obstruct navigation to any extent appearing to him to be necessary or convenient for the purpose of—

(a)the principal works ; or

(b)any works authorised by paragraph 1 or 2 above ; or

(c)any other works or action authorised by any of the preceding provisions of this Schedule.

Limits for exercise of powers

7(1)The powers conferred by paragraphs 1 and 2 above are exercisable for the purposes of or in connection with the principal construction works or any of them anywhere within the limits of the land shown on the deposited plan as land the Secretary of State is authorised to acquire under section 2 of this Act.

(2)The powers conferred by paragraph 4 above are exercisable for the purposes of—

(a)the principal construction works or any of them ; or

(b)any works authorised by paragraph 1 or 2 above undertaken for or in connection with the principal construction works ;

anywhere within the harbour area ; and the power conferred by paragraph 4(1) above is also exercisable for those purposes on any land, or in pursuance of any right over land, acquired by the Secretary of State for or in connection with the principal works.

(3)The power conferred by paragraph 5 above is exercisable for the purposes mentioned in sub-paragraph (2) above anywhere within the harbour area.

(4)The power conferred by paragraph 6 above is exercisable, for the purposes of the principal construction works or any of them or any other works or action mentioned in that paragraph undertaken for or in connection with those works, anywhere within the harbour area.

(5)Without prejudice to sub-paragraphs (2) and (4) above, operations undertaken in pursuance of paragraph 4 above for the purpose of transporting any of the tunnel units constructed elsewhere than on land acquired under section 2 of this Act or other Crown land within the limits mentioned in sub-paragraph (1) above may be carried out on, in, under or over the bed of the sea beyond the harbour area, and the power under paragraph 6 above shall be exercisable beyond the harbour area for the purposes of any such operations.

(6)The powers conferred by any of the preceding provisions of this Schedule, so far as exercisable for the purposes of or in connection with any tunnel maintenance works, are exercisable anywhere within the tunnel maintenance area.

Sections 7 and 8.

SCHEDULE 3Special Control of Navigation, Etc

PART IPowers

1(1)Subject to sub-paragraph (2) below, the Secretary of State may raise, lower, divert, alter, remove or otherwise interfere with any of the following, that is to say—

(a)any pipe, tube, cable, wire or other apparatus intended or used for carrying water, gas or electricity or for telegraphic, postal or other purposes ;

(b)any sewer or drain or other similar works ; and

(c)any mooring;

in any case where it appears to him to be necessary or convenient to do so for the purposes of any of the works.

(2)The Secretary of State may not under sub-paragraph (1)(a) or (b) above remove from any land acquired for or in connection with the principal works any apparatus of a description falling within section 230(1)(b) of the [1971 c. 78.] Town and Country Planning Act 1971 (apparatus vested in or belonging to statutory undertakers for the purpose of carrying on their undertaking) as that paragraph applies by virtue of paragraph 8 of Schedule 1 to this Act in relation to any such land.

2If it appears to the Secretary of State to be necessary or convenient for the purposes of any of the works, he may remove any vessel—

(a)sunk, stranded or abandoned in the area affected by the works; or

(b)moored or left there (whether lawfully or not);

either to another place within that area or to a place outside that area.

PART IIProhibitions and Restrictions

3(1)A person may not navigate within or carry out any other activities or operations on; in, under or over the bed, banks, foreshore or waters of the Estuary within the area affected by the works at any time when that area is closed to navigation in pursuance of this paragraph.

(2)At any time when it appears to the Secretary of State to be necessary or convenient for the purposes of any of the works, he may close the area affected by the works to navigation by a direction given under this paragraph specifying the period during which that area is to be closed.

(3)Subsections (4) to (6) of section 8 of this Act shall apply in relation to a direction under this paragraph as they apply in relation to a direction under section 7 of this Act.

(4)Without prejudice to paragraph 6 of Schedule 2 to this Act, the Secretary of State may take such measures as he thinks fit to prevent access to the area affected by the works at any time when that area is closed to navigation in pursuance of this paragraph.

4A person may not—

(a)cause or permit a vessel to be moored in the area affected by the works ; or

(b)lay down or place in that area any apparatus of any description mentioned in paragraph 1 above ;

without the consent in writing of the Secretary of State.

5A person may not without the consent in writing of the Secretary of State exercise or enjoy within the area affected by the works—

(a)any public right of fishery, public right of way or other public or customary right (other than a right of navigation);

(b)any other privilege, immunity or right conferred by licence or other authority granted or given under any enactment (whenever passed);

that would apart from this paragraph be exercisable or available in that area.

6A person may not without the consent in writing of the Secretary of State carry out within the area affected by the works—

(a)any mining operations ;

(b)any blasting or dredging operations ; or

(c)any other operations of a similar description in, on, over or under the bed, banks, foreshores or waters of the Estuary.

7A person may not without the consent in writing of the Secretary of State do anything within the area affected by the works which is capable of preventing or hindering the construction or carrying out of any of the works.

PART IIISupplementary Provisions

8The Secretary of State may delegate—

(a)any of his powers under Part I of this Schedule ; and

(b)the giving or withholding of any consent required or the taking of any other action he is authorised to take for the purposes of Part II of this Schedule ;

to the harbour master or to any other person appointed by him for the purpose.

9Any consent given for the purposes of any provision of Part II of this Schedule by the Secretary of State or by any person exercising a power delegated to him by the Secretary of State in accordance with paragraph 8 above may be given subject to conditions.

10A person who without reasonable excuse contravenes any provision of Part II of this Schedule or fails to comply with any condition attached to a consent given for the purposes of any such provision shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (within the meaning of section 75 of the [1982 c. 48.] Criminal Justice Act 1982).