Cardiff Bay Barrage Act 1993

Part I — Works

Construction of barrage etc. and other works

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• (1) The Cardiff Bay Development Corporation (referred to in this Act as “the Development Corporation”) may in the City of Cardiff and the Borough of the Vale of Glamorgan, in the County of South Glamorgan, execute the works specified in Schedule 1 to this Act, being the construction of—

• (a) a barrage across the mouth of Cardiff Bay, with an outer harbour, and

• (b) certain associated structures.

• (2) The Development Corporation may also—

• (a) maintain, and

• (b) (where appropriate) alter, replace or re-lay,

anything constructed under subsection (1) above.

• (3) Subject to subsection (4) below, works authorised by subsection (1) or (2) above shall be executed in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections.

• (4) The Development Corporation may—

• (a) deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation, and

• (b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to any extent downwards.

• (5) The Development Corporation may, within the limits of deviation or elsewhere within the inland bay, execute any building or other construction works (including installing any apparatus and providing, or securing the provision of, any services) which may be necessary or expedient for the purposes of, in connection with or in consequence of the works authorised by subsections (1) and (2) above.

• (6) In this Act “the inland bay” means the area bounded—

• (a) by the seaward face of the barrage or, before the barrage is completed, by the line of construction of the seaward face of the barrage as planned at the commencement of its construction, and

• (b) otherwise by the inner edge of the line shown coloured pink on the inland bay map;

and in this subsection “the inland bay map” means the map marked “Inland Bay Map” which was deposited in November 1991 in connection with the Cardiff Bay Barrage Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

Works: supplementary

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• (1) The Development Corporation shall ensure that a lock is available for use and that sluices are operational before navigation of the rivers Taff and Ely is totally obstructed by the construction of the barrage.

• (2) Unless the National Rivers Authority otherwise agree, the barrage shall be so constructed that it is practicable between one high tide and the next to reduce the level of water immediately behind it to a level of one and a quarter metres below ordnance datum (Newlyn).

• (3) The Development Corporation shall construct any bridge forming part of the barrage so that it has on each side of it a fence which is adequate for securing the safety of any pedestrians or other traffic using the bridge.

• (4) The power conferred by section 1(5) above may in particular be exercised so as—

• (a) to facilitate use of the inland bay and the outer harbour by pleasure craft or other vessels or for water sports or other open-air recreational activities, or

• (b) to develop or conserve flora or fauna.

• (5) In executing any of the works authorised by section 1 above the Development Corporation shall have regard to the desirability of developing and conserving flora and fauna.

• (6) The Development Corporation shall consult the Natural Resources Body for Wales and the Royal Society for the Protection of Birds to seek their views as to—

• (a) whether any works which the Development Corporation propose to execute so as to develop or conserve flora or fauna are appropriate for that purpose, and

• (b) the measures which may be taken so as to develop and conserve flora and fauna in executing any of the other works authorised by section 1 above.

• (7) Schedule 2 to this Act, which contains supplementary provisions about the works authorised by section 1 above, shall have effect; and subsections (1), (2) and (5) of that section shall have effect subject to the provisions of this section and that Schedule.

Deemed impoundment licence

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• (1) A licence under Chapter II of Part II of the Water Resources Act 1991 shall be treated as having been granted by the Natural Resources Body for Wales to authorise the obstruction of the flow of water by the construction, and any alteration or replacement, of the barrage.

• (2) Schedule 3 to this Act, which specifies requirements deemed to be imposed by the provisions of the licence, shall have effect.

Part II — Land

Compulsory acquisition of land

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• (1) The Development Corporation are authorised by this section to acquire compulsorily so much of the land shown on the deposited plans and described in the book of reference as they may require for the purposes of, or in connection with, the works authorised by Part I of this Act.

• (2) Part I of the Compulsory Purchase Act 1965 (except section 4 and paragraph 3(3) of Schedule 3), in so far as it is not inconsistent with the provisions of this Act, shall apply to the acquisition of land under this section—

• (a) as it applies to a compulsory purchase to which Part II of the Acquisition of Land Act 1981 applies, and

• (b) as if this Act were a compulsory purchase order under that Act.

• (3) In its application by virtue of subsection (2) above section 11(1) of the Compulsory Purchase Act 1965 (power to enter and take possession of land subject to a notice to treat after giving not less than fourteen days’ notice) shall have effect as if for the words “fourteen days” there were substituted the words “ three months ”.

• (4) A notice to treat under Part I of that Act for the purpose of acquiring land under this section shall not be served after the end of the period of five years beginning with the day on which this Act is passed.

• (5) The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this section.

Compulsory acquisition: supplementary

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Schedule 4 to this Act, which contains supplementary provisions about the compulsory acquisition of land under section 4 above, shall have effect.

Temporary occupation and use of land

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Schedule 5 to this Act, which contains provisions about the temporary occupation and use of land for the purposes of this Act, shall have effect.

Part III — Operation and Management

Operation of barrage

Power to operate barrage

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• (1) The Development Corporation shall have power to operate the barrage; and in this Act references to operating the barrage are references to—

• (a) opening or closing any lock gates, sluices or gates in the barrage,

• (b) controlling the flow of water in the fish passes in the barrage, or

• (c) managing any roadway, bridge or other structure or equipment forming part of the barrage.

• (2) The power conferred by subsection (1) above shall be exercised so as to safeguard and improve the environment and amenities of the inland bay.

• (3) Subsection (2) above shall not prevent the exercise of the power conferred by subsection (1) above in order—

• (a) to prevent or alleviate flooding or to meet any other emergency,

• (b) to ascertain the safest and most effective ways of using the barrage, to test its working or to train staff in its operation, or

• (c) to facilitate the construction, maintenance, alteration, replacement or re-laying of any works in or beside the inland bay.

Directions as to operation of barrage

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• (1) The Development Corporation shall operate the barrage in accordance with any reasonable direction given by the Natural Resources Body for Wales in order—

• (a) to protect the quality of water in the inland bay by ensuring that it meets or continues to meet the relevant standard,

• (b) to prevent or alleviate flooding, or

• (c) to protect fish in the inland bay, allow the passage of migratory fish to or from the inland bay or enable trials to be carried out in the inland bay in connection with fishery management.

• (2) For the purposes of this section the quality of water meets the relevant standard—

• (a) if it meets such standard, whether fixed by reference to dissolved oxygen content or any other determinant of water quality, as may reasonably be specified by the Natural Resources Body for Wales as the standard to be achieved in order to comply with the current water quality objectives for the water, or

• (b) where no standard is specified under paragraph (a) above, if it contains not less than five milligrams dissolved oxygen per litre at all times.

• (3) For the purposes of subsection (2)(a) above the water quality objectives for any water are—

• (a) if water quality objectives have been established for the water under section 83 of the Water Resources Act 1991, those objectives, and

• (b) if they have not, such reasonable objectives as may be set by the Natural Resources Body for Wales for the water having regard to—

• (i) the recreational or other purposes for which use of the water is permitted, or proposed to be permitted, by the Development Corporation, and

• (ii) the needs of the fish in the water and of migratory fish passing to or from it.

• (4) Subject to subsection (5) below, notice of a direction under subsection (1) above—

• (a) shall be given in writing by a duly authorised officer of the Natural Resources Body for Wales, and

• (b) shall be given as long as possible, but in any case not less than twenty-four hours, before the direction is to be complied with.

• (5) In case of emergency notice of such a direction—

• (a) may be given orally to be complied with as soon as it is practicable to do so, but

• (b) shall be confirmed as soon as may be by notice given as required by subsection (4)(a) above.

• (6) Where there arises any dispute as to the reasonableness of—

• (a) any direction given under subsection (1) above, or

• (b) any standard specified under subsection (2)(a) above or objectives set under subsection (3)(b) above,

the matter shall be referred to the Secretary of State for determination by him.

Operation: supplementary

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• (1) Except where the barrage is being operated for any of the purposes mentioned in section 7(3) above and subject to any direction given under section 8 above, the Development Corporation shall operate the sluices and gates in the barrage so that the water immediately behind it is maintained at a level between four and four and a half metres (or thereabouts) above ordnance datum (Newlyn) unless a higher level is caused by high river flows or the tide-locking of the sluices or gates.

• (2) When operating the barrage (including when doing so to comply with a direction given under section 8 above) the Development Corporation shall have regard to—

• (a) the safety of vessels in, or passing to or from, the inland bay or on the seaward side of the barrage,

• (b) the requirements of vessels in, or passing to or from, the inland bay (including the need to have freedom of access to moorings and berths in the inland bay), and

• (c) the desirability of developing and conserving flora and fauna in the inland bay.

• (3) The Development Corporation shall consult the Natural Resources Body for Wales to seek their view as to ways in which the barrage may be operated so as to develop and conserve flora and fauna in the inland bay.

• (4) Where any vessels seem likely to be affected by being endangered, or having their navigation interfered with, in consequence of any proposed operation of the barrage, the Development Corporation shall give notice of what is proposed to—

• (a) the coastguard,

• (b) any radio station operated in connection with the barrage, and

• (c) sailing and motor boat clubs operating in the inland bay and outer harbour.

• (5) Except in case of emergency, not less than four hours’ notice shall be given under subsection (4) above; and in case of emergency as much notice as is reasonably practicable shall be so given.

• (6) Where notice is given under subsection (4) above notice of what is proposed shall also be given to any vessels which subsequently leave the outer harbour or pass through any lock in the barrage and which seem likely to be affected as mentioned in that subsection.

• (7) No liability shall arise in respect of any costs, damages or expenses incurred by any person as a direct or indirect result of—

• (a) any obstruction to, delay of or other interference with the passage of vessels, or

• (b) any change in the level of water in the inland bay or the draining of, or of any part of, the inland bay,

occasioned by the operation of the barrage, unless the costs, damages or expenses are incurred by reason of negligence in its operation.

Interference with barrage

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• (1) A person who, without lawful authority or reasonable excuse—

• (a) operates any equipment or machinery forming part of the barrage or used in its construction, maintenance or alteration, or

• (b) otherwise interferes with the barrage or its operation,

shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) above shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum, and

• (b) on conviction on indictment, to a fine.

Management of inland bay and outer harbour

Power of management

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The Development Corporation shall have power to manage the inland bay and the outer harbour and shall exercise it in accordance with sections 12 and 13 below.

Water quality

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• (1) The Development Corporation—

• (a) shall manage the inland bay with a view to ensuring, and

• (b) shall comply with any reasonable direction given by the Natural Resources Body for Wales for the purpose of ensuring,

that the quality of water in the bay meets or continues to meet the relevant standard.

• (2) For the purposes of this section whether the quality of water meets the relevant standard shall be determined as for the purposes of section 8 above.

• (3) Subject to subsection (4) below, notice of a direction under subsection (1)(b) above—

• (a) shall be given in writing by a duly authorised officer of the Natural Resources Body for Wales, and

• (b) shall be given as long as possible, but in any case not less than twenty-four hours, before the direction is to be complied with.

• (4) In case of emergency notice of such a direction—

• (a) may be given orally to be complied with as soon as it is practicable to do so, but

• (b) shall be confirmed as soon as may be by notice given as required by subsection (3)(a) above.

• (5) Where there arises any dispute as to the reasonableness of any direction given under subsection (1)(b) above the matter shall be referred to the Secretary of State for determination by him.

Use by vessels and for recreational purposes

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• (1) The Development Corporation shall manage the inland bay and the outer harbour so as to facilitate their use—

• (a) by pleasure craft and other vessels, and

• (b) for water sports and other open-air recreational activities.

• (2) In managing the outer harbour the Development Corporation shall secure that it is at all times available for use by pleasure craft and other vessels which—

• (a) are about to pass to, or have recently passed from, the inland bay, or

• (b) need to use it as a harbour of refuge.

• (3) In connection with the management of the inland bay and the outer harbour the Development Corporation may license and control—

• (a) the hiring to the public of pleasure craft and fishing boats,

• (b) the use of water buses, water taxis and other vessels plying for hire, and

• (c) the use of houseboats and other moored vessels.

• (4) The Development Corporation may—

• (a) provide, maintain and use moorings and berths for vessels on so much of the bed or banks of the inland bay as is owned or occupied by them, and

• (b) grant persons licences to use, or enjoy preference in the use of, moorings or berths provided there by the Development Corporation.

• (5) The Development Corporation may—

• (a) on such terms and conditions as they think fit, grant licences permitting, and

• (b) contribute to the cost of,

the provision, maintenance and use by any persons of moorings and berths for vessels on so much of the bed or banks of the inland bay as is owned or occupied by the Development Corporation.

• (6) Nothing in this section shall prejudice the exercise by the Cardiff City Council of the power conferred by section 94 of the Public Health Acts Amendment Act 1907 (pleasure boat licences).

Development and conservation of flora and fauna

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• (1) When managing the inland bay (including when doing so to comply with a direction given under section 12(1)(b) above) the Development Corporation shall have regard to the desirability of developing and conserving flora and fauna.

• (2) The Development Corporation shall consult the Natural Resources Body for Wales to seek their view as to ways in which the inland bay may be managed so as to develop and conserve flora and fauna.

Charges

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• (1) The Development Corporation may impose reasonable charges—

• (a) in respect of any vessel for use of (or of any part of) the inland bay or for passing through any lock in the barrage,

• (b) in respect of any vessel for use of, or for entering or leaving, the outer harbour,

• (c) in respect of licences granted under section 13(3) above,

• (d) for fishing in the inland bay,

• (e) in respect of licences granted under section 13(4)(b) or (5)(a) above, and

• (f) for the use of any facilities which the Development Corporation provide in the inland bay or the outer harbour.