1. Citation

These byelaws may be cited as the Chelmer and Blackwater Navigation byelaws.

2. Interpretation and application

In these byelaws:

‘The Act’ means the Act of 1793.

‘The Company’ means the company of the Proprietors of the Chelmer and Blackwater Navigation Limited, registration number 130459.

‘The Navigation’ means the Company’s waterway from and including Springfield Basin in Chelmsford to Heybridge Basin Sea Lock at Colliers Reach on the River Blackwater and includes the towpath.

‘The Operator’ means Essex Waterways Navigation Trust, registration number 16132674 – registered charity number 1212502 and its subsidiary company Essex Waterways Limited, registration number 5525459.  The Operator operates and maintains the Navigation on behalf of the Company, under the terms of a management agreement dated 11^th November 2005.

‘Authorised officer’ includes any lockkeeper, warden, bailiff, lengthsman, caretaker or other employee duly authorised in writing by the Operator.

‘Consent or licence of the Operator’ means a consent or licence in writing issued by an officer duly authorised by the Operator.

‘In writing’ means a paper or electronic document.

‘Private boat’ means any boat that is kept and used on the waterway solely for private leisure purposes, and not for the purposes of generating income for any organisation or business or for providing a service to others.

‘Powered boat’ means a private boat which is mechanically propelled by a combustion engine, steam engine or electric motor.

‘Unpowered boat’ means a private boat that is not mechanically propelled and is either open to the elements with no enclosed or decked accommodation space (including a rowing boat, dragon boat, punt, dinghy with or without a sail, canoe, paddleboard, or light inflatable) or the occupants are only protected by a spray deck (including a kayak).

‘Houseboat’ means a powered or unpowered boat which is primarily intended not as a means of transport but as a place of habitation or for the purposes of shelter, recreation, entertainment or club premises.

‘Vessel’ means any powered or unpowered boat owned by an organisation, business, or individual for the purposes of generating income or providing a service to others, including the Operator’s workboats and passenger boats, and any other barge or boat used for commercial or operational activities.

‘Boat’ means any powered or unpowered boat or vessel.

‘Rules of the Road’ means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGS).

‘Water Authorities’ means Essex and Suffolk Water Limited, Anglian Water Limited, and the Environment Agency.

3. Damage

No person shall interfere with or deface:

• Any notice, placard, or notice board erected or exhibited by the Operator on the Navigation or its banks.
• Any lock, sluice, floodgate, weir, mooring stage, or any other structure on the Navigation.
• Any fence, wall, hedge, gateway, bench, or picnic table on the banks of the Navigation.
• Any building, shed, or shelter on the banks of the Navigation.
• Any works equipment, tools or vehicles on the banks of the Navigation.
• The banks of the Navigation themselves.
• Any life-saving equipment on the Navigation or its banks.
• Any water point, sanitary or refuse disposal station or any other facility belonging to the Operator.
• Any willow trees which are planted on the Navigation’s banks as a source of income for waterway maintenance on their maturity.

4. Noise

• No person shall on the Navigation or its banks cause or permit an electric generator or other engine to be operated in connection with any boat when the same is moored so as to cause disturbance or annoyance to other persons enjoying the amenities of the Navigation.
• No person shall on the Navigation or its banks cause or permit the playing of music from any radio or device so as to cause disturbance or annoyance to other persons.

5. Vehicle parking

No person shall cause a vehicle (whether attended or unattended) to obstruct the bank or towing path of the Navigation.

6. Gates

Where it is indicated by a notice exhibited on or alongside any gate on any bank or towing path of the Navigation that it is prohibited to leave a gate open no person having opened the gate or caused it to be left open shall leave it open.

7. Camping

No person without permission of the Operator and whether in a tent or vehicle or otherwise shall camp or sleep out on the bank of the Navigation.

8. Animal control

• No person shall cause or permit any dog or other animal in their charge to enter or remain on land managed by the Operator unless such dog or animal is under proper control and is effectively restrained from causing annoyance or harm to any person or any bird or animal.
• No person in charge of any dog shall cause or permit any waste from such dog to remain on the towing path and shall collect and dispose of such waste in the receptacles provided.

9. Affixing of bills

No person shall without the permission of the Operator affix any bill, placard, poster or notice to or upon any wall or fence or to any tree or building, railing, lock or sluice or other structure of the Navigation.

10. Dangerous litter and waste

• No person shall leave on the bank, towing path or in the water of the Navigation otherwise than in a receptacle provided for litter any glass, plastic material, metal, embers, fishing line or fishing tackle, or other material likely to cause injury to any person, animal, or bird.
• No person shall cause pollutants, oil or oily waste, rubbish, or sewage to be deposited onto or into the waters of the Navigation or its banks.

11. Harassment

No person shall:

• On the Navigation or its banks throw or propel any stone, missile, or any other object in a manner likely to endanger or harm any other person or damage any property of the Operator or equipment or boats belonging to licenced users.
• Do any act or thing with intent to harass any other person or to prevent them exercising their rights or enjoying the facilities to which they may be entitled to exercise on the Navigation or its banks.

12. Guns

No person shall shoot, fire or discharge a gun, firearm, air weapon, catapult, or bow and arrow, over or in the direction of the Navigation or on or over its banks so as to endanger or harass persons exercising their lawful rights on the Navigation or its banks.

13. Swimming and diving

• No person shall bathe or swim within 36 metres upstream or downstream of any lock, sluice, weir or water intake or any lock pen.
• No person shall dive or jump into the Navigation from any lock, bridge, or land drainage structure over the Navigation unless a device has been provided for that purpose.
• No person shall bathe, swim, dive or jump in such a manner as to interfere with or cause obstruction to any boat or any angler or other user of the Navigation.

14. Cycling

No person shall ride a bicycle or similar conveyance on the towpath in such a manner or at such a speed as to cause damage to the towpath or nuisance to any other user of the Navigation and its towpath.

15. Fishing

• No person shall fish without a valid Environment Agency fishing licence.
• No person shall fish during the coarse fishing close season, 15 March to 15 June inclusive.
• Fishing rights are leased to those angling clubs duly authorised from time to time by the Operator and fishing is permitted for club members only or for visitors on purchasing a day ticket from the bailiff or warden.
• Anglers must show their Environment Agency rod licence and club membership card to the bailiff on demand.
• Anglers shall, at all times, follow the rules provided by the angling clubs.
• Powered boat owners holding a mooring licence issued by the Operator are permitted to fish from their boats during the open season, 16 June to 14 March inclusive.
• Fishing is permitted from unpowered boats only if a valid rod licence and club membership or day ticket is held.
• No person shall remove fish without the written permission of the Operator.

16. Unpowered boats

• All unpowered boats must be licenced by the Operator. Licences are issued on paper or electronically on the payment of such fee as is from time to time set by the Operator.
• Users of unpowered craft shall show their licence to the warden or other officer on demand.
• Unpowered boat users shall follow the relevant Rules of the Road and, at all times, shall follow the directions of the warden or other officer of the Operator.
• Users of unpowered boats shall not obstruct the towpath when inflating or deflating inflatable craft (including canoes, kayaks, stand-up paddleboards, and inflatable dinghies).
• Unpowered boats shall be launched and retrieved from the towpath and from designated sites on the Navigation. The use of mooring stages is not permitted.
• Unpowered boats are not permitted to use the locks and must be portaged around lock pens. A dinghy or tender normally towed by a powered boat may pass through with the boat.
• A powered boat mooring licence includes a licence for a single unpowered craft.

17. Navigation

• No vessel or boat may pass through the sea lock or navigate upon the waters of the Navigation without first having paid to an authorised officer the dues, duties and licences from time to time prescribed in respect of such vessel or boat or its cargo.
• Any vessel or boat passing through the sea lock or navigating upon the waters of the Navigation shall conform to the directions of an authorised officer.
• No vessel or boat shall pass along the Navigation in times of flood nor pass through any lock in the hours of darkness, with the exception of Heybridge Basin Sea Lock.
• No person navigating a vessel or boat on the Navigation shall do so:
  • without due care and attention or without at all times keeping a proper lookout.
  • without reasonable consideration for other persons exercising their rights on the Navigation or enjoying its facilities.
  • at a speed exceeding 4 miles per hour.
• No person shall use or navigate a vessel or boat on the Navigation:
  • so as to prevent for an unreasonable time any other person exercising their rights on the Navigation or enjoying its facilities so as to harass them.
  • in contravention of the Rules of the Road.
  • so as to cause unnecessary injury or damage to any flora or fauna on the banks of the Navigation.
  • so as to impede the passage of any passenger or work vessels or boats operated by the Operator which have priority of other vessels and boats.
• At times of water shortage vessels and boats may be required to use the locks in convoy. In drought conditions all movements through the locks may be forbidden.
• All vessels and powered boats shall be clearly marked to enable them to be identified. All dinghies, tenders, and trailers left on the Operator’s property shall be visibly marked with the owner’s name.
• No person shall remove their powered boat from the Navigation without having paid all licences and mooring fees due.

18. Moorings

• No person shall put out or affix any mooring to or from any vessel or boat to a bank of the Navigation or erect any landing plank or structure from any vessel or boat so as to impede or interfere with the free passage of persons or vehicles over or along the towpath.
• No persons in charge of any vessel or boat shall cause or permit such vessel or boat to be moored at any wharf or mooring place on the Navigation unless such vessel or boat has been securely moored head and stern and shall be laid close to and along the side of such wharf or mooring place as may be convenient and shall be so moored as not to cause any obstruction to the Navigation or other vessel or boat.
• No persons shall moor or place any vessel or boat to or upon the bank of the Navigation or otherwise in such a manner or by such a method as to cause damage or injury to any bank or drainage works, or any wall, outfall, or any other works.
• No person shall moor any vessel or boat in such a manner as to unreasonably or unnecessarily obstruct or impede the free flow of water in, into or out of the Navigation or so as to prevent or impede the proper control or regulation of water levels by an appropriate Water Authority.
• Where a vessel or boat is moored or lying in such a position as it is likely to interfere with any dredging, repairs, maintenance works, water control or any other operation of the Operator, the owner of such a vessel or boat shall within 48 hours after receipt of notice to that effect from the Operator remove the vessel or boat for such time as the Operator may reasonably require for the completion of such operations and if the owner fails to do so then the Operator shall be entitled to remove the vessel or boat as may be necessary.
• No person without the consent of the Operator (which consent may be given absolutely or with conditions) shall on any bank of the Navigation construct or provide a berth or mooring post, gangway, landing stage or any other erections of installations for any vessel or boat provided that this byelaw shall not prevent the construction or provision of a berth for a vessel or boat in any boat yard so long as the boat yard is used for boat building or boat repairing and provided that the construction or provision of such berth does not extend to or involve the deposit of any structure on the bed of the Navigation.
• No person in charge of a vessel or boat shall moor it without the consent of the Operator for any period or aggregate periods of 48 hours in any fourteen consecutive days at any mooring place provided by the Operator on which a notice is exhibited stating that vessels or boats may not be moored at such a place for any period more than 48 hours.
• No person shall intentionally loosen or cast off any vessel or boat and leave the same adrift on the Navigation.
• No person shall without the written consent of the Operator moor a Houseboat on the Navigation or to its banks.
• No person shall without the consent of the Operator cause or knowingly permit any vessel or boat to be beached or lie aground upon the bank of the Navigation and to remain there unattended provided that this byelaw shall not apply to a vessel or boat which lies aground for a reasonable length of time as a normal incident of navigation, or which is lawfully lying at a commercial or private wharf. Any vessel or boat sinking in the Navigation will be recovered at the owner’s expense. In default of payment the vessel or boat will be sold, and the proceeds applied to the owner’s account.
• All powered boat owners shall pay their mooring fees by the due dates defined by the Operator and shall maintain Third Party Liability insurance from a reputable insurer of not less than £2,000,000 including wreck removal cover.
• In default of payment of dues to the Operator, after adequate advance notice to the owners, vessels or boats will be offered for sale to the highest bidder, sold, and the expense of selling and proceeds applied to the owner’s due account.

19. Locks

• No person in charge of a vessel or boat shall moor it without the consent of the Operator within 36 metres of any locks, sluice or water intakes or in any lock pen provided that this byelaw shall not apply to any mooring in the course of navigation if the vessel or boat is about to be taken through a lock.
• No person employed in or about any vessel or boat shall wind or coil any rope, chain, or other fastening around or fix or fasten the same to any lock gate or other work except to the bollards, chains and posts provided for the purpose of bringing up and stopping vessels and boats.
• No person shall obstruct access to or egress from any working lock or hinder or obstruct persons in vessels or boats approaching, passing through or leaving any working lock on the Navigation.
• No person shall open or close any lock gate otherwise than for the purpose of passing a powered boat or vessel through the same nor shall they operate such gate improperly.
• No person shall interfere with the gates of any lock or with its mechanism without lawful authority.
• No person shall operate or attempt to operate any lock or lock gate or to open or fasten any mechanism of the lock or lock gate otherwise than with a proper winding handle supplied by the Operator for the particular purpose of operating the same.
• No person in charge of a vessel or boat passing through any lock upon the Navigation or any channel out of the same shall cause such vessel or boat to remain in the lock or channel longer than to navigate the same.
• A person in charge of a vessel or boat proceeding through any lock shall ensure that the lock gates are properly closed prior to the raising of any paddle to admit water into or discharge water from the lock pen.
• No person in charge of a vessel or boat shall cause or permit the fuel tank of the vessel or boat to be removed while the vessel or boat is in the lock pen.
• A person in charge of a vessel or boat exiting from any lock shall ensure that the lock is left full, with the top gates open and the top paddles half open, unless another vessel is approaching and wishes to lock up.

20. Officers and enforcement

• No person shall intentionally obstruct or hinder any person employed or appointed by the Operator in the exercise of any powers or functions conferred upon them under or in respect of these byelaws.
• No person not duly authorised by the Operator shall purport to exercise any powers of the Operator in relation to the Navigation or its banks.
• An officer of the Operator on production of their authority may require any person on the Navigation or on its banks who is doing an act, which without the consent or licence of the Operator is prohibited by these byelaws, to produce evidence of such consent or licence and if the person is unable to do so then the officer may require them to furnish their name and address and it shall be an offence to fail to do so.

21. Penalty and defence

• Any person who contravenes or fails to comply with any of these byelaws shall be guilty of an offence and liable on summary conviction to a fine as permitted by the Act.
• In any proceedings for an offence under these byelaws it shall be a defence for the person charged to prove:
  • that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or
  • that they had a reasonable excuse for this failure to act.

22. Liability

• All persons using the Navigation, its towing paths, banks, and islands do so at their own risk.
• The Operator shall not be liable for any death or personal injury howsoever caused where such death or injury shall be a foreseeable result of any act of negligence on the part of the Operator or its authorised officers.
• The Operator shall not be liable for any loss or damage to any property or other belongings of any nature howsoever the same may be caused.

23. Rules and regulations

For the purposes of operational efficiency and effectiveness, and including public safety, the Operator may create, impose, and revoke further rules and regulations under this byelaw as may from time to time be considered necessary.

24. Modern legislation

Nothing in these byelaws is intended to substitute or replace any current legislation or regulations. In interpreting and applying these byelaws due regard shall be made to the relevant statutory or regulatory agency, body or authority and the more recent legislation or regulation will be deemed to apply.

Originally prescribed under the common seal of the Company on the 11^th day of May 1864
Amended 13^th March 1969
Amended 13^th March 1975
Amended 19^th October 1989
Amended and consolidated with the byelaws of the National Rivers Authority, 7^th April 1994
Further amended and approved by a General Meeting of the Proprietors in accordance with the Act on 16^th May 2025.

Neil Edwards
Secretary