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The Norfolk Broads Forum / Broads Authority Issues / Duty to protect the interests of Navigation
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Posted By Discussion Topic: Duty to protect the interests of Navigation

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Torty
May-23-2018 @ 3:41 PM                           Permalink
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I posted a rant on Broads Blog. Link here:

http://www.thebroadsblog.co.uk/2018/05/for-many-years-now-we-have-run-guard.html

Phil

Paladine
May-23-2018 @ 4:04 PM                           Permalink
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From the Blog "...as they were now BA 24hr moorings it would be impossible to reserve a section of mooring as they had to be equally available to all boats, and that, in any case, a stay of over 24hrs would infringe the bye-laws (the race has a 24hr time limit)."

I seem to recall guard boats being stationed at the 24hr moorings at Potter Heigham and Deep Go Dyke, without interference from the BA. Perhaps you shouldn't have asked  Confused

The BA own the Acle site, they could easily reserve a space and grant permission for an extended stay (as the owners), then you'd be covered by Navigation Bye Law 88(2):

"In any proceedings for an offence under these Byelaws it shall be a defence for a person charged to prove:

(a)  that he/she took all reasonable precautions and exercised due diligence to avoid the commission of such an offence;
or
(b) that he/she had a reasonable excuse for the act or failure to act."


It smacks of being a power thing, to me. Does the EDP know?

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)

Torty
May-23-2018 @ 4:29 PM                           Permalink
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I am sure you are right, Pally. I shouldn't have asked!

Phil

Bobdog
May-23-2018 @ 4:54 PM                           Permalink
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Absolutely you shouldn’t have formally asked.  The BA as a statutory, public body is obliged to give you a formal and legally correct response if you ask them a formal question.  It’s nothing to do with John Packman either, the legal responsibility for enforcing the Navigation Byelaws lies with the Navigation Officer.  That officer cannot say to you, formally, “Oh, don’t worry, yes we have these laws, but feel free to break them”.

The reality is that the race has gone on for years without undue interference from the Rangers, and long may that continue.

Learn when not to rock the boat!



This message was edited by Bobdog on May-23-18 @ 6:06 PM

JollyRodger
May-23-2018 @ 6:11 PM                           Permalink
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I agree that what is good for the goose is good for the gander, that the 24hr mooring rules have to apply equally to all.

Simple solution to your problem is to have two guard ships for use at Acle and swop them over after 23 hours, fifty nine minutes and 59 seconds.

Regarding dredging, inexcusable. This needs greater publicity.

Jolly Rodger

Alone1
May-23-2018 @ 6:37 PM                           Permalink
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The first boats away from the start wont get to Acle before noon on Saturday. The last boats will have gone through or given up by 11am Sunday. Why not get to Acle at 11.30am Saturday and leave at 11.30am Sunday?? 24 hours mooring - no problems. Alternatively mudweight alongside the reeds just upstream of the mooring and then there would be no limit - as the guardship at Thurne Mouth does.  boat-sail I will give you a shout when i go past  Smile

Bob Huppendoun

There would be no life without water!!!

Torty
May-23-2018 @ 6:38 PM                           Permalink
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If you apply the 24hr rules equally to all you will prevent a number of events that have happened on the Broads for years. I won't list them because that would provide an easy target. There are many examples of cases where BA moorings have been blocked off by River Inspectors (!- call them what you will!) and reserved for particular boats - also many occasions where, with the blessing of the Authority, boats have been allowed to moor on a 24hr mooring for well in excess of 24hrs or to return within 24hrs of leaving. I don't object to any of those things. Common sense and flexibility needs to be applied. What I do raise an eyebrow at is the fact that the BA is not prepared to facilitate the Three Rivers Race. That does seem mean spirited.

As to the reduction in dredging and the way the decision was made - it is actionable.

Phil

JollyRodger
May-23-2018 @ 6:57 PM                           Permalink
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As to the reduction in dredging and the way the decision was made - it is actionable.

Let us just hope that the Navigation Committee responds appropriately.

Jolly Rodger

This message was edited by JollyRodger on May-23-18 @ 7:58 PM

Torty
May-23-2018 @ 7:06 PM                           Permalink
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Bob

If you were faster round the course you would notice that the Acle moorings are full well before the start with people on their cruisers wanting a premium opportunity to video your expert shooting of the bridge. If you don't get the guardship moored up on Friday night you might as well forget it.

Phil



This message was edited by Torty on May-23-18 @ 8:07 PM

Bobdog
May-23-2018 @ 8:08 PM                           Permalink
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If, instead of making a noise about all this, you simply got the guard ship down there and moored as usual, I’d be absolutely amazed if you experienced any problems.

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