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Protection of navigable rivers and canals.
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21.—(1) In this section—
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the expression “navigable water” means any river or canal on which any person is, by virtue of any enactment, entitled to navigate or in respect of the navigation on which any person is, by virtue of any enactment, entitled to receive tolls or dues, and
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the expression “navigation authority” means, in relation to any navigable water, the person entitled to navigate thereon or to receive tolls or dues in respect of navigation thereon.
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(2) Nothing in this Act shall be construed as entitling a sanitary authority to take water in such manner, or from such source of water, or of such amount as to make the navigation of any navigable water impossible or unreasonably difficult.
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(3) Where a sanitary authority make a proposal, they may at any time, whether before or after such proposal comes into force, give to the navigation authority of any navigable water written notice of such proposal.
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(4) Where the navigation authority of any navigable water is given by a sanitary authority notice under sub-section (3) of this section in relation to any proposal, such navigation authority may, before (but not after) the expiration of twenty-one days from the giving of such notice, give written notice (in this section referred to as an interference notice) to such sanitary authority that such navigation authority are of opinion that the taking of water in accordance with such proposal makes or will make the navigation of such navigable water impossible or unreasonably difficult and shall include in the interference notice a statement of their reasons for being of that opinion.
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(5) Where a navigation authority has given an interference notice to a sanitary authority in relation to any proposal, such sanitary authority may alter such proposal by reducing the amount of water to be taken thereunder and—
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(a) if such proposal had come into force before such notice was given, it shall continue in force as so altered and this Act shall apply accordingly, and
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(b) if such proposal had not come into force before such notice was given, anything done in relation to such proposal in compliance with this Act by such sanitary authority before the giving of such notice shall be deemed to have been so done in respect of such proposal as so altered and this Act shall apply accordingly.
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(6) A sanitary authority to whom an interference notice relating to any proposal has been given by a navigation authority shall consider the objections of such navigation authority to such proposal and shall negotiate with such navigation authority for the withdrawal of the interference notice.
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(7) Where a navigation authority gives an interference notice, such navigation authority may at any time withdraw such notice by giving written notice in that behalf to the relevant sanitary authority.
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(8) A sanitary authority to whom an interference notice relating to any proposal has been given may apply to the High Court for the annulment of such notice and, if the High Court on such application is of opinion that the taking of water in accordance with such proposal does not make or will not make the navigation of the relevant navigable water impossible or unreasonably difficult, the High Court shall annul such notice.
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(9) Where notice of a proposal has been given under sub-section (3) of this section to a navigation authority and either such navigation authority has not within twenty-one days after the giving of such notice given an interference notice in relation to such proposal or any such notice so made has been annulled by the High Court or withdrawn, it shall not be open to such navigation authority to contend in any court that the taking of water in accordance with such proposal makes or will make the navigation of the relevant navigable water impossible or unreasonably difficult.
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