Rivers by Navigation Status

Rivers fall into the following groups for the purposes of rights of Navigation

Public Right (Ancient rivers)
Thames, Severn,

Statutory rights (canals and rivers with rights through act of Parliament)
Active navigations
Wye (Lower),
Derelict Navigations (no active navigation authority)
Itchen,



Rivers with Navigation Acts in force



Any river subject to a Navigation Act has a public right of Navigation.
This is confirmed in the case of Yorkshire Derwent Trust V Brotherton et al (1992) both in the original hearing and at appeal.


The case considered the question
(2) whether on the true construction of the 1702 Act that Act (b) by necessary implication conferred a right on any person who wished to navigate the Derwent for any purpose to do so on payment (if laden with cargo) of the said appropriate toll therefore subject as aforesaid and obliged any riparian owner or occupier past whose land such navigation occurred to submit thereto as aforesaid

Rivers with existing navigation acts

Avon - Hampshire. Salisbury to Christchurch. Act of 1664
Exe and Credy. Exeter to Credition. Act of 1801
Itchen - Hampshire. Winchester to Northam. 6 Acts including 1802









No comments:

Post a Comment