The Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992

• Citation: S.I. 1992/3230
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992 and shall come into force on 1st January 1993.

Section 2 Descriptions of works

The Secretary of State hereby prescribes works of the following descriptions for the purposes of section 3(1)(b)(ii) of the Act:

(a) barrage;

(b) bridge;

(c) cable;

(d) land reclamation;

(e) navigational aid;

(f) offshore installation;

(g) pier;

(h) pipeline;

(i) tunnel;

(j) utilities structure.

Section 3 Interpretation

(1) In this Order—

“barrage” includes a dam, weir, barrier, embankment, breakwater and any other structure for impounding, or diverting or controlling the flow of, water;

“bridge” includes a viaduct, an aqueduct and a gantry and the abutments of and approaches to a bridge;

“cable” means a telegraph, telephone or electric power cable (whether submerged or airborne), an aerial cableway or a cable or chain used to guide a ferry;

“land reclamation” means works for restoring or converting to dry land or to a polder areas of land which are continuously or intermittently covered by water and also means other works in, on or over such land;

“navigational aid” means any structure or device (whether fixed or floating) providing a light, sound or other signal or other aid for the safety of navigation in or over water or in the air;

“offshore installation” means an installation or device (whether fixed or floating) for the exploitation, or exploration with a view to exploitation, of the natural resources of any waters, the bed or subsoil thereof or the air-space thereover and also means any other installation or device performing, or intended to perform, or which has performed, any activity of a kind specified in section 1(2) of the Mineral Workings (Offshore Installations) Act 1971 in so far as the activity relates to such bed or subsoil;

“pier” includes a jetty, quay, wharf, mole, staging, slipway and any similar structure, device or facility (whether fixed or floating) used for the mooring, landing, launching or beaching of vessels or for promenading or other recreational purposes;

“pipeline” means a pipe or system of pipes for the conveyance of any thing and also means a sewer, drain, duct and any apparatus or works associated with such a pipe or system of a kind specified in paragraphs (a) to (f) of section 33(1) of the Petroleum and Submarine Pipe-lines Act 1975 and for the purposes of this definition references in those paragraphs to “the pipe or system” are to be construed accordingly;

“tunnel” means a tunnel for the passage of vehicles, persons on foot or animals and includes a submerged tube used for any of those purposes, the approaches to a tunnel and works for the operation or protection of a tunnel; and

“utilities structure” means a structure or plant, whether attached to dry land or otherwise and whether fixed or floating, used, or intended to be used, or which has been used, for a transport, communications, electricity generation, water extraction (including desalination), waste disposal or similar purpose.

(2) In this Order, references to “works” are to be construed as including the construction, emplacement, removal, demolition, alteration or modification of the works in question, or of any part thereof, and any works ancillary thereto.