The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

Powers in relation to relevant navigations or watercourses

16.—(1) Subject to Schedule 9 (protection of interests), the undertaker may, for the purpose of or in connection with the carrying out and maintenance of the authorised development, regardless of any interference with any public or private rights—

(a)temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse;

(b)remove or relocate any moorings so far as may be reasonably necessary for the purposes of carrying out and of maintaining the authorised development;

(c)temporarily moor or anchor vessels and structures;

(d)construct, place, maintain and remove temporary works and structures within the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; and

(e)interfere with the navigation of any relevant navigation or watercourse,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2) Except in the case of emergency, the undertaker must use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by paragraph (1)(b) before the exercise of those powers.

(3) The undertaker must pay compensation to any person entitled to compensation under the 1961 Act who suffers any loss or damage from the exercise of the powers conferred by paragraph (1)(b).

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(5) In this article, “relevant navigation” means so much of—

(a)The Kennet and Holy River;

(b)The Kennet and Avon Canal;

(c)The River Thames;

(d)The River Crane;

(e)The Jubilee River;

(f)The Cut; and

(g)River Colne,

as the context requires.

(6) Nothing in this article overrides the requirement to obtain necessary consents under the Water Resources Act 1991(1), the Environmental Permitting (England and Wales) Regulations 2010(2) or the Thames Water Authority Land Drainage Byelaws 1981.