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The Nottingham Express Transit System Order 2009

Status:

This is the original version (as it was originally made).

Interpretation

2.  In this Schedule—

“the Board” means the British Waterways Board;

“the Board’s network” means the Board’s network of waterways;

“construction”, in relation to any specified work or protective work, includes—

(a)

the execution and placing of that work; and

(b)

any relaying, alteration, renewal or maintenance of that work; and

“construct” and “constructed” have corresponding meanings;

“detriment” means any damage to a waterway or any other property of the Board and, in particular, includes—

(a)

any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of a waterway;

(b)

the erosion of the bed or banks of a waterway, or the impairment of the stability of any works, lands or premises forming part of a waterway;

(c)

the siltation of a waterway or the deposit of materials in, so as to materially damage the waterway;

(d)

the pollution of a waterway;

(e)

any material alteration in the water level of a waterway, or material interference with the supply of water to a waterway, or drainage of water from a waterway;

(f)

any material harm to the ecology of a waterway (including any material adverse impact on any site of special scientific interest comprised in the Board’s network); and

(g)

any interference with the exercise by any person of rights over the Board’s network;

“the engineer” means an engineer appointed by the Board for the purpose in question;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

“protective work” means a work constructed under paragraph 8(3)(a);

“specified work” means so much of any of the authorised works (including any temporary closure or other operation carried out in connection with an authorised work) as is situated upon, across, under, over or within 15 metres of, or may in any way affect, a waterway;

“stoppage season” means the period between 1st November and 15th March; and

“waterway” means the canal or the River Trent and includes any work, structure, land or premises belonging to the Board, or under its management or control, and held or used by the Board in connection with the canal or the River Trent.

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