Not a Bore A Barrage of Legislation

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Not a Bore?A Barrage of Legislation

• Thomas.Appleby_at_uwe.ac.uk
• Law Lecturer

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How does the law view the estuary?

• Law views it as land covered by water
• Needs consent of the owners of the seabed
• Otherwise compulsory purchase requirements

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Rights in the estuary

• Public right to navigate
• Public right to fish
• Private fishing rights
• Private drainage rights

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The effect of human rights

• Compensation for interference with those rights
• Difficult to assess at this stage

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Environmental legislation

• Habitats Directive
• Severn candidate Special Area of Conservation
• Requirement to form compensatory habitat for
  protected features lost to power scheme

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Not that difficult?

• Capital engineering costs plus
• Compensation costs for peoples rights
• Compensation for the environment