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(1)Where any navigable waters—
(a)in England and Wales; or
(b)in so much of the territorial sea adjacent to England and Wales as is included in the area of a regional flood defence committee,
are not subject to the control of any navigation authority, harbour authority or conservancy authority, the Authority may apply to the Secretary of State for an order imposing tolls in respect of the navigation of vessels in those waters.
(2)An order under this section shall not be made unless the Secretary of State is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates has been or will be increased as a result of the use of those waters for purposes of navigation.
(3)Schedule 17 to this Act shall have effect with respect to the making of orders under this section.
(4)Any tolls payable under this section in respect of the navigation of a vessel in any water referred to in subsection (1) above—
(a)may be demanded from the person in charge of the vessel by any person authorised for that purpose by the Authority; and
(b)if not paid on demand, may be recovered from either the person in charge of the vessel or the owner of the vessel.
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