Byelaws

Revised Byelaws for the Grand Western Canal Country Park (County of Devon – Byelaws)

Made by Devon County Council under section 41 of the Countryside Act, 1968 with respect to the Grand Western Canal Country Park.


Whereas

Byelaws were made by the Council following a meeting held on 1st April 1976 and were confirmed by the Secretary of State for the Home Office and took affect on 17th January 1977.

Following a meeting of the Grand Western Canal Advisory Committee held on 31st March 1998 it was decided that existing byelaws 4,22 and 26 should be amended and that additional byelaws which no appear as byelaws 22,23,24,25 and 26 should be incorporated in the manner hereinafter appearing.


Definition

1. In these Byelaws, unless the context otherwise requires:

  • “The Canal” means the Grand Western Canal owned by the Devon County Council;
  • “Canal property” means the Canal and any adjacent or contiguous land held by the County Council in conjunction with the Canal for the purposes of a country park;
  • “The Council” means Devon County Council;
  • “Vessel” means any craft or other object capable of floating and transporting a person or persons.
  • “Conveyance” includes any vehicle or machine other than wheelchairs and perambulators propelled by hand and used solely for the carriage of a child or children or an invalid and “trailer” includes caravans and horseboxes.

Interference with water

2. No person shall without the consent of the Council put any water into or take water from the Canal for any purpose.


Fouling the Canal

3. No person shall wilfully, carelessly or negligently foul or pollute the Canal.


Plants and Animals 

4. No person shall without the consent of the Council plant any tree, shrub or other plant in Canal property or release any animal into or onto that land.


Grazing

5. No person shall use or cause or permit to be used any bank of the Canal for the purpose of grazing or keeping any animal thereon unless he takes such steps as are necessary and reasonably practicable to prevent the bank from being damaged by such use provided that nothing in this byelaw shall be deemed to affect or prevent the use of any place made or to be made with the consent of the Council for the purpose of enabling stock to drink.


Driving, Parking and Mooring of conveyances, Trailers and Vessels

6. a. No person shall without the consent of the Council:

  • Moor, park or leave on Canal property any conveyance, trailer or vessel except in parking places or mooring sites provided by the Council;
  • Leave any conveyance or trailer in any parking place on Canal property for a period in excess of twelve hours;
  • Ride or drive any conveyance on any part of Canal property except where there is a right of way for any conveyance or upon parking places provided by the Council.

6. b. No person shall ride or drive any conveyance to the danger or annoyance of or without dues consideration for other persons restoring the Canal property.

In this byelaws “Conveyance” includes any vehicle or machine other than wheelchairs and perambulators propelled by hand and used solely for the carriage of a child or children or an invalid and “trailer” includes caravans and horseboxes.


Erections on Canal Property

7. No person shall without the consent of the Council erect or construct or cause or permit to be erected or constructed any fence, post, pylon, wall, jetty, pier, quay, piling, groyne, revetment or any building or structure whatsoever on Canal property.


Interference with the land and canal bed

8. No person shall without the consent of the Council make or cut or cause or permit to be made or cut any excavation or any tunnel or any drain, culvert or other passage for water in, into or out of the Canal or through any bank on Canal property.

9. No person shall without consent of the Council dredge or raise or take or cause or permit to be dredged or raised or taken any gravel, sand, ballast, clay or other material from the bed or bank of the Canal.

10. No person shall without the consent of the Council use or cause or permit to be used any Canal property for the purpose of depositing or stacking or storing or keeping any goods or any material or things thereon.

11. No person shall without the consent of the Council make or cause or permit to be made any excavation or do or cause or permit to be done anything in or upon the bank of the Canal or any land forming part of the Canal property adjoining the bank of such a nature as to cause damage to or endanger the stability of the bank of the Canal.


Interference with structures and equipment

12. No person without the consent of the Council interfere with any valve, sluice, floodgate, weir, dam or any other structure or appliance for the controlling or regulating the flow or level of water in or directly into or out of the Canal or for drawing water from or delivering water into the Canal, nor shall any person without the consent of the Council divert or alter the level of, or the direction of flow of, water in, into or out of the Canal.


Prohibited entry

13. No person shall without the consent of the Council enter upon any part of the Canal property if such entry is likely to endanger any person or property or if there is displayed on or near that part of the Canal property a notice prohibiting entry to that part.


Obstruction

14. No person shall obstruct or interfere with any officer or agent or servant of the Council exercising any of his duties on the Canal property.


Vessels

15. No person shall navigate any vessel in such a manner or at such a speed as to injure the bank of the Canal.

16. No person shall leave any vessel unattended in the Canal without taking due care to prevent such a vessel from obstructing, or impeding, the free flow of water in or directly into or out of the Canal or the free passage of vessels

17. a. No person shall operate or sail on the Canal any boat which is not for the time being registered with the Council; such registration shall be effected by the Council, upon written application by the owner of a boat;

  • Entering in a register kept by a duly authroised officer of the Couincil the name and address of the said owner, a general description of the boat and the serial number of the registartion and;
  • Issuing to the said owner a certificate of such registration incorporating such particulars as aforesaid.

17. b. No person shall without the consent of the Council use a vessel of any kind on the Canal except a boat registered under the foregoing byelaw being a vessel propelled by paddles or oars or sails.


Fishing

18. No person shall without the consent of the Council fish in the Canal.


Fire

19. No person shall on Canal property light any fire, provided that this byelaw shall not apply to a properly constructed camping cooker or stove used in a such a manner so as not to cause damage by fire to anything on the Canal.


Hawking

20. No person shall without consent of the Council on Canal property sell or advertise for sale any article or, for the purpose of selling or advertising any article or obtaining custom, tout or importune.


Camping

21. No person shall without the consent of the Council camp in any caravan, tent or vehicle equipped for camping on Canal property.


Dogs

22. Dogs must be kept under proper control on canal property at all times.


Dogs on lead by direction

23. a. Every person in charge of a dog shall, as far as reasonably practicable comply with a direction given by any officer of the Council or constable to keep the dog on a lead and restrained from behaviour likely to cause annoyance or disturbance on Canal property.

23. b. A direction under paragraph (a) above may only be given if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any person on the Canal property or the worrying or disturbance of any animal or bird.


Removal of offenders

24. Any person offending against byelaw 23 may be removed from the Canal property by an officer of the Council or any constable.


Obstruction

25. No person shall on Canal property:

  • Intentionally obstruct any officer of the Council in the proper execution of his duties;
  • Intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or
  • Intentionally obstruct any other person in the proper use of the Canal property, or behave so as to give reasonable grounds for annoyance to other persons on the land.

Bathing

26. No person shall, without reasonable excuse, bathe or swim in the Canal, except in any area where a notice exhibited by the Council permits bathing and swimming.


Consent of the Council

27. For the purposes of the byelaws the consent of the Council means:-

  • Its consent in writing signed or purporting to be signed by the Council’s Chief Executive or Environment Director or other person authorised by the Council.
  • Its consent given generally in relation to the acts specified therein by a notice signed or purporting to be signed by the Council’s Chief Executive of the Council and affixed to a notice board or notice placed lawfully erected by the Council on Canal property.

Savings

28. a. An act necessary for the proper execution of his duty by an officer of the Council or by any person or servant of any person employed by the Council shall not be deemed an offence against the byelaws.

28. b. Nothing in or done under of the provisions of these byelaws shall in any respect prejudice or injuriously affect any public right of way through Canal property or the rights of any person acting legally by virtue of some estate, right or interest in, over affecting Canal property or any part thereof.


Noise

No person shall by operating or causing to be operated any wireless set, gramophone, amplifier or similar instrument on Canal property, make or cause or suffer to be made any noise which is so loud and so continuous or repeated as to give reasonable cause for annoyance to other persons on Canal property.


Horse riding

No person shall ride or lead a horse, pony, donkey or similar animal on Canal property except in connection with operation of a horse-drawn barge.


Penalty for infringement of byelaws

Every person who shall offend against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the standard scale.


The common seal of Devon County Council was hereunto affixed in the presence of Roger Gash,
County Solicitor for Devon County Council. Document Reference No. 28785. DOE 160045

The foregoing byelaws are hereby confirmed by the Secretary of State for the Environment, Transport and the Regions and shall come into force on 1 September 1999.

Signed by authority of Susan Carter, Secretary of State for the Environment, Transport and the Regions (A Grade 5). Date: 8th July 1999.