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The Norfolk Broads Forum / Broads Authority Issues / Duty to protect the interests of Navigation
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Posted By Discussion Topic: Duty to protect the interests of Navigation

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Helmsman1946
May-23-2018 @ 11:41 PM                           Permalink
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Having had a quick look at the Navigation Bye Laws 1995 there sufficient exemptions to various clauses by permission that I suspect BA are hiding behind the Bye Laws rather making a sensible decision and with emphasis on Health & Safety thy could easily justify a permission.
Though updating Bye Laws can be a long and tedious task a fresh look after 20+ years could be a good thing.
Most other Bye Laws in parks for example where tents are prohibited events are allowed to have tents simply by a clause at the end acknowledging that "Exemption of these Bye Laws may be permissible under the hand of the authority" This may be an improvement to the numerous exceptions written into the current set

Peter

Tim
May-24-2018 @ 2:41 AM                           Permalink
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I didn't think anybody who has been on the Broads for more than a couple of decades was under the delusion that the Broads Authority will support any organised activity bar their own

Many Thanks Tim

Alone1
May-24-2018 @ 5:38 AM                           Permalink
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"If you were faster round the course "

Sorry Phil
Unfortunately my boat wont go any faster - but I will do my best to get there as soon as I can! Just to finish in 24 hours is an achievment for me!! LOL boat-sail

Bob Huppendoun

There would be no life without water!!!

JollyRodger
May-24-2018 @ 8:20 AM                           Permalink
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The requirements of the Broads Act are clear, nameley that it is the duty of the Authority to manage the Broads for the purposes of:

Conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads.

Promoting opportunities for understanding and enjoyment of the special qualities of the Broads by the public.

Protecting the interests of navigation.

In each of those requirements there is relevance to the 3RR, I have made them bold. It appears that the BA executive needs reminding.

Jolly Rodger

This message was edited by JollyRodger on May-24-18 @ 8:22 AM

Helmsman1946
May-24-2018 @ 8:40 AM                           Permalink
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Rather quaint for a legal document that Navigation Bye Law 86 is about "Fun Events"

Peter

Paladine
May-24-2018 @ 9:00 AM                           Permalink
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Another quote from the blog"...I got a response to the effect that as they were now BA 24hr moorings it would be impossible to reserve a section of mooring as they had to be equally available to all boats..."

Torty, I'm not sure where you want to go with this, but there are two precedents you could quote, which would not have any effect on the current ad hoc arrangements for other bodies:

1. The restriction at Horning Marshes, where a section of 24hr mooring is permanently reserved (with notices) for boats of less than 20' length;

2. The restriction at Beccles Marsh, where a section of 24hr mooring is permanently reserved (with a notice) for boats the airdraft of which precludes them from transiting the Beccles Bypass Bridge.

Neither of these restrictions has the authority of any bye law. I have the correspondence from the BA admitting that.

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)


This message was edited by Paladine on May-24-18 @ 9:01 AM

Exile
May-24-2018 @ 9:50 AM                           Permalink
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Just do it.
The Rangers are not going to kick up a fuss. They are perfectly reasonable and turn a blind eye all the time to non problematic issues such as this.  
Remember not to ask in future!

Dreamer
May-24-2018 @ 2:16 PM                           Permalink
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A section of the 24 hour moorings at Reedham were closed off on Monday with ‘Moorings reserved’ notices propped up on posts. I have no idea why but it shows it’s possible.

BELLA
May-24-2018 @ 4:09 PM                           Permalink
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That may be the section of the mooring that belongs to The Lord Nelson pub?

Helmsman1946
May-24-2018 @ 4:54 PM                           Permalink
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Reedham is having its busiest late springs for many years apparently & BA have had a work boat at the rail bridge end for a night or two this week

Peter

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