PART 6MISCELLANEOUS AND GENERAL

Rights on the river Cam

44.—(1) Notwithstanding the licences which may have been granted pursuant to sections 15 (conservators may license piers embankments &c.) or 16 (no erections or works in river or on shores thereof without licence) of the River Cam Conservancy Act 1922(1), the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development temporarily suspend any rights of navigation or any other rights over the parts of the river Cam identified with blue hatching on the rights of way plans.

(2) Notwithstanding the licences which may have been granted pursuant to section 15 or 16 of the River Cam Conservancy Act 1922, the undertaker may for the purposes of the construction, operation, use and maintenance of the authorised development permanently extinguish any rights of navigation or other rights over that part of the river Cam which is shown and numbered 019a on the land plans to be permanently acquired by the undertaker in connection with Work No. 32.

(3) Save as provided in paragraph (1) and (2), any rights of navigation over any other parts of the river Cam may be temporarily suspended with the written consent of the relevant navigation authority as provided in paragraph 110 of Part 7 (for the protection of the relevant navigation authority) of Schedule 15 (protective provisions).

(4) The undertaker must not exercise the powers in paragraph (1) or (2) unless it has—

(a)given not less than 42 days’ notice in writing of its intention to do so to the relevant navigation authority;

(b)published notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect once in each of 2 successive weeks in a local newspaper published or circulating in the City of Cambridge; and

(c)displayed notice of the temporary suspension or extinguishment and the date from which the temporary suspension or extinguishment is to have effect in a conspicuous position adjacent to the river Cam from the date of the first notice published under sub-paragraph (b) above, until at least 7 days after the date on which the last notice is published under sub-paragraph (b).

(5) The date that is notified, published and displayed under paragraph (4) as the date from which the suspension or extinguishment is to have effect must not be earlier than 14 days after the last date on which a notice is published under paragraph (4)(b).

(6) The River Cam Navigation Act 1851(2), the River Cam Conservancy Act 1922(3) and Part IV (Conservators of the River Cam) of the Cambridge City Council Act 1985(4) are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.

(7) The Conservators of the River Cam Byelaws 1996 are disapplied in so far as their continuance is inconsistent with the construction, operation, use and maintenance of the authorised development.