ENVIRONMENTAL CODE OF PRACTICE
Navigation authorities
The tidal reaches of many rivers have public rights of
navigation and, where applicable, harbour and port authorities may
exercise a degree of control. There is no public right of
navigation on most non-tidal watercourses. Navigation authorities
including Environment Agency, The Broads Authority, British
Waterways, private companies, or the Agency administer some
specific larger rivers and canals.
Harbour and Port Authorities
The primary role of harbour and port authorities is to
administer ports and coastal waters within their jurisdiction and
to ensure the safety of navigation. They have statutory powers
conferred by acts of parliament that are specific to each authority
in the form of local acts, harbour revision or empowerment orders
made under the Harbour s Act 1964. Whilst the jurisdiction, powers
and duties of each authority are unique there is a general
environmental duty upon statutory harbour authorities includes a
requirement ‘to have regard for’ environmental conservation as well
as to preserving public access to places of natural beauty and
archaeological, architectural and historic features of interest
when they are formulating or considering any proposals in respect
of the improvement, maintenance and management of their harbours.
Some harbour authorities have more specific duties and powers in
relation to the natural environment under their local Acts and
these, including the power to make byelaws, may also be imposed or
conferred by a Harbour Revision Order.
Additionally, the Port Marine Safety Code notes that harbour and
port authorities have a general duty to exercise their functions
with regard to nature conservation and other related environmental
considerations and where appropriate they may seek additional
powers to assist with this duty. They also have an obligation,
where a Special Protection Area for Birds or a Special Area of
Conservation has been designated under the Wild Birds or Habitats
Directives, to have regard to the requirements of the Habitats
Directive in so far as that Directive’s aims may be affected by the
exercise of their operational functions.
Inland Navigation Authorities
There are a number of inland navigation authorities with
different responsibilities around the UK. The association of inland
navigation authorities (AINA) The Association was set up in 1996 to
give a single voice on waterways management issues. The broad
purpose is to facilitate the management, maintenance and
development of inland waterways as an economic, environmental,
recreational and social resource. The vision is to bridge the gap
in investment in the UK’s navigations. This is not only in terms of
financial resources, but in manpower, time and goodwill to take the
waterways into the new century as the integrated, well managed,
multi-functional and accessible leisure resource which it has the
potential to become.
The largest of the inland navigation authorities are British
Waterways, the Environment Agency (See above) and the Broads
Authority.
British Waterways
British Waterways (BW) is a publicly owned organisation that
manages 2000 miles of canals and rivers representing about half of
the inland navigations in Britain. BW manages these waterways for
the public and as a result have responsibilities for recreation,
conservation of the historic buildings, structures and landscapes
and protection of the environment. In its ‘Plan for the Future
2000-2004’, BW extends its duty to further the conservation and
enhancement of the natural environment and the built heritage of
its 2,000 miles of waterways. Particular pledges in the Plan
include implementation of an Environmental Code of Practice,
Biodiversity Action Plans for each waterway and a strengthened
commitment to involve users and local communities in efforts to
maintain the network.
For more information visit www.britishwaterways.co.uk/
The Broads Authority
The Broads Authority was set up in 1989 to conserve and enhance
the natural beauty of the Broads, promote the enjoyment of the
Broads and protect the interests of navigation. It also has to
ensure that people are able to enjoy the Broads and that the needs
of those living or working in the area are carefully considered.
The Broads Authority is the local planning authority for the area
and is responsible for controlling most forms of development in the
Broads and for preparing local planning policies. It does not
control certain forms of development, for example mineral and waste
disposal related development.
For more information visit www.broads-authority.gov.uk/