Llanelli Borough Council (Dafen Estuary) Act 1991

1Short title

This Act may be cited as the Llanelli Borough Council (Dafen Estuary) Act 1991.

2Interpretation

(1)In this Act, unless the context otherwise requires—

• “the commencement day” means the day on which this Act comes into force;

• “the Council” means the Llanelli Borough Council; and

• “the Dafen Estuary” means so much of the river Dafen (also known as the New Dafen River) as lies to the east of an imaginary straight line drawn between a point at SS 5020598833 and a point at SS 5044698480 and to the west of an imaginary straight line drawn between a point at SS 5120098900 and a point at SS 5120098500.

(2)Reference points specified in subsection (1) above shall be construed as references to Ordnance Survey National Grid reference points.

3Extinguishment of rights of navigation over Dafen Estuary

(1)Notwithstanding anything contained in the Llanelly Harbour Acts and Orders 1858 to 1954 or any other enactment or rule of law to the contrary, any existing right of navigation over the Dafen Estuary shall be extinguished on the commencement day.

(2)As from the commencement day the Llanelli Harbour Trust shall be under no obligation to maintain and manage any part of the Dafen Estuary; and, accordingly, on that day any powers, rights, liabilities and obligations relating to the Dafen Estuary which may be conferred or imposed on the Llanelli Harbour Trust by the Llanelly Harbour Acts and Orders 1858 to 1954 or otherwise shall cease.

4Repeals

The enactments specified in columns (1) and (2) of the Schedule to this Act (which include spent or obsolete enactments) shall be repealed to the extent specified in column (3) of that Schedule.

5Crown rights

(1)Nothing in this Act affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing in this Act authorises the Council to take, use, enter upon or in any manner interfere with any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)—

(a)belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those commissioners; or

(b)belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2)A consent under subsection (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.

6Commencement

This Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.