The River Lea to be precise.
British Waterways have made proposals for the Lee Navigation that break a number of laws.
The River Lea in Bow
You can download them here; British Waterways Mooring Management Plan.
We note:
They did not inform the Local Moorings Strategy Steering Group.
They have made no impact assessment on the lives of the liveaboard boaters on the Lee Navigations.
The document implies that this will go ahead no matter what the consultation response. (in breach of BERR consultation guidelines, binding unless reasons are stated in advance of any action being taken).
Proposals for refusing licences unless fines are paid is in breach of Sections 17 (3) and (4) of the 1995 Waterways Act.
Justification under Section 43 of the 1962 Act have never been test in court and cannot override later legislation.
There are several Humans Rights Act violations in the proposals.
It has been postulated that the motive is the need to clear out the lower Lea, Regents and Hertford Union canals in preparation for 1500 temporary moorings for the Olympics.
There is some discussion about this document in the Canalworld Discussion Forums
Tags: British Waterways, liveaboards, Local Mooring Strategy, mooring policy, moorings, Moorings Consultation, Sally Ash, Section 17
A report to British Waterways’ Board in November;
“Following a comprehensive assessment of mooring demand we anticipate c. 1500 boats may visit London during the Games period. Whilst we believed that this may be a strong source of income (overnight mooring fees), the cost of managing the operation (boat journeys to the Games and mooring during the Games) will be significant and therefore unlikely to raise significant net income. It is recommended therefore that BW enters into an arrangement with the IWA to manage boats in transit and ‘temporary’ moorings during the Games. Bookings would be managed by BW through the Waterscape web site but the physical operation would be managed by the IWA. The objective is for income to cover costs however this will become clear once a full appraisal is undertaken by the IWA and BW. Mooring bookings for the Games will begin in the spring of 2011 following legal advice and agreement over temporary mooring zones.”
Yes.
Continuous journeys are not required. Navigation as required in law is very different from a journey.
Fines/charges for overstaying are unlawful. section 43 cannot be used in isolation and has to refer to later Acts.
Place cannot and should not be defined and to do so is be a nonsense too easily denied.
Moored boats cannot cause an obstruction where double mooring permits access to a towing path.
I strongly urge all boaters to formally state an intention of non-compliance