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Link to original content: http://www.legislation.gov.uk/ukpga/1993/42/schedule/2/paragraph/5
There are currently no known outstanding effects for the Cardiff Bay Barrage Act 1993, Paragraph 5.
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5(1)The Development Corporation may remove or interfere with any mooring in the inland bay in any case where it appears to them to be necessary or expedient to do so for the purposes of any of the works authorised by section 1 of this Act or anything authorised by paragraph 1, 2 or 3 above.U.K.
(2)Before removing or interfering with any mooring under this paragraph the Development Corporation shall give notice in writing to the owners of the mooring.
(3)Such a notice shall include a summary of this paragraph and—
(a)in case of emergency shall be given as long before removing or interfering with the mooring as is reasonably practicable, and
(b)otherwise shall be given not less than twenty-eight days before removing or interfering with the mooring.
(4)Where—
(a)the Development Corporation propose to remove or interfere with any mooring under this paragraph, or
(b)the owners of any mooring which the Development Corporation propose to remove under this paragraph themselves remove, or procure the removal of, the mooring,
the owners of the mooring may require the Development Corporation to provide a replacement mooring elsewhere within the inland bay in a reasonably convenient location.
(5)Except where it is not reasonably practicable to do so, any replacement mooring which the Development Corporation are required to provide under this paragraph shall be provided before the mooring which it replaces is removed or interfered with.
(6)The owners of a mooring—
(a)which is removed or interfered with by the Development Corporation under this paragraph, or
(b)which the Development Corporation propose to remove under this paragraph but is removed by or at the instigation of the owners,
shall be entitled to recover from the Development Corporation any reasonable costs incurred in consequence of the removal of or interference with the mooring.
(7)This paragraph shall be regarded for the purposes of section 37(5) of the M1Land Compensation Act 1973 (discretionary compensation for disturbance in absence of entitlement to a disturbance payment or to compensation for disturbance under any other enactment) as providing compensation for disturbance for the owners of moorings removed by the Development Corporation under this paragraph.
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