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					                                                                  Broads Authority
                                                                  Special Meeting
                                                                  26 January 2007
                                                                  Agenda Item No 3


                                   Broads Authority Bill
                           Report by Chief Executive and Solicitor


Summary:        This report informs members of the current position with regard to the
                Bill and identifies the outstanding issues. The Bill is due to receive its
                first Reading in the House of Commons on 23 January 2007 and the
                meeting will be updated on verbally on the discussions with the
                national and local boating organisations and British Waterski.

Recommendations:

(i)     That, in accordance with the Local Government Act 1972, the Authority
        confirms its decision to promote the Broads Authority Bill.

(ii)    That the Authority confirms the agreements reached to date with the
        Environment Agency, the national and local boating organisations and British
        Waterski.

1       Introduction

1.1     Following the formal resolution of the Authority on 3 November 2006 to
        promote the Broads Authority Bill, and the subsequent deposit of the Bill in
        Parliament on 27 November 2006, the Local Government Act 1972 now
        requires the Authority to pass a further resolution confirming its decision to
        promote the Bill. As with the first resolution, this must be passed by a majority
        of the whole number of the Members of the Authority, i.e. at least 10 Members
        must vote in favour of the resolution.

1.2     Since the last meeting of the Authority on 24 November 2006, there have
        been a number of developments with regard to the Bill including, in particular,
        meetings and discussions with a number of major interested parties. The
        outcome of these meetings and discussions is described in section 3 of this
        report.

1.3     This report refers in a number of places to Memoranda of Understanding. For
        the avoidance of doubt the proposals will be in the form of legally binding
        agreements or undertakings except in one or two limited cases.

2       Procedural Matters

2.1     Following the deposit of the Bill in Parliament on 27 November 2006, the
        Solicitor and the Authority’s Parliamentary Agents appeared before the


JP/KH/RG/rpt/BA Special Meeting/p1of33/170107
        Examiners of Private Bills in the Houses of Parliament on 18 December 2006.
        The purpose of this appointment was to confirm that the Parliamentary
        Standing Orders relating to the deposit of the Bill and related matters had
        been complied with (which they were) and also to consider in which House
        the Bill should originate.

2.2     Subsequently, the House Authorities have decided that the Bill will originate in
        the House of Commons. As a result, the last date for the deposit of petitions
        will be 30 January 2007.

3       Developments since last meeting

3.1     Discussions with Environment Agency

        (a)     These discussions have centred on:-

                       the proposal in the Bill that the Authority be given powers, currently
                        vested in the Environment Agency, to stop and require the
                        remediation of activities which cause pollution in the Broads;

                       the proposal that Haddiscoe Cut become subject to a public right of
                        navigation and to a duty by the Authority to maintain it; and

                       the application of powers of general direction to vessels operated
                        by the Agency.

        (b)     As a result of discussions with the Environment Agency, it is agreed
                that with regard to each of these provisions:-

                (i)        the Authority will not now seek the powers currently vested in
                           the Environment Agency to deal with pollution in the Broads.
                           Rather, the Authority and the Agency will develop closer working
                           arrangements to deal with pollution in the Broads, to be secured
                           by means of a formal agreement;

                (ii)       the Agency agrees that Haddiscoe Cut should become subject
                           to a public right of navigation and to a duty by the Authority to
                           maintain it. The Authority will take over the maintenance of the
                           Agency’s navigation markers in the Cut and will also consult with
                           the Agency whenever it proposes to dredge the Cut otherwise
                           than in accordance with an agreed programme and
                           specification; and

                (iii)      the Authority will consult with the Agency before giving a general
                           direction which would have a significant impact on the
                           operational activities of the Agency and will also not give a
                           general direction which would unreasonably restrict or limit the
                           movement of any Agency vessel when exercising the statutory
                           functions of the Agency.



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        (c)     Legal agreements are being drafted to give effect to the agreements in
                paragraph (b) and the Authority is currently awaiting the Environment
                Agency’s comments on these.

3.2     Navigation Committee Meeting – 14 December 2006

        (a)     At its meeting on 14 December 2006, the views of the Navigation
                Committee were sought on four issues arising from the Bill:

                   The proposed exemptions to the Boat Safety Standards.
                   The proposed exemptions to the requirement for compulsory third
                    party insurance.
                   The proposed exemption of vessels from registration and the
                    payment of tolls where they are either fixed in adjacent waters or
                    otherwise do not move into the navigation area.
                   The draft Memorandum of Understanding dealing with waterskiing
                    and wakeboarding.

        (b)     The Navigation Committee’s comments are contained in the minutes of
                their meeting elsewhere on this agenda. The major concerns related to
                the exemptions from the Boat Safety Standards which were discussed
                at the meeting with national and local boating interests on 21
                December 2006 and 9 January 2007 (see paragraph 3.3).


3.3     National and Local Boating Interests

        (a)     A meeting with national and local boating interests was held in London
                on 21 December 2006. The meeting centred on the following issues:

                   The proposed exemptions to the Boat Safety Standards, particularly
                    in respect of vessels in boatyards awaiting repair or sale.

                   The proposed exemptions in respect of compulsory insurance.

                   The tolls and registration requirements in respect of vessels in
                    boatyards in adjacent waters, and in respect of pontoons.

                   The removal of the requirement to have a separate navigation
                    account.

                   The scope of the general direction powers.

                   The powers relating to the removal of unsafe vessels.

                   The power to change the Authority’s name.

                   Updating the draft Memoranda of Understanding (MoU).




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        (b)     Following this meeting a further meeting was held with national and
                local boating interests in London on 9 January 2007 specifically to
                consider the exemptions to the Boat Safety Standards, the exemptions
                for boatyards and the exemptions in respect of compulsory insurance.

        (c)     Subsequently, the Chief Executive discussed these issues on 17
                January 2007 with the Senior Member Panel established at your last
                meeting and will update members on the outcome on 26 January 2007.
                The current position, as at 15 January when this report is being written
                is set out below. At the moment it appears that the outstanding issues
                are all resolvable before the deadline for petitions. Appendix 1 contains
                the Draft MoU as it currently stands minus the statement on the
                Navigation Committee which is in Appendix 2. Appendix 3 contains the
                layout for the Authority’s new Management Accounts, which will be an
                Appendix to the agreement with the boating organisations.

        (i)     Exemptions to the Boat Safety Standards

                These are set out in the Draft MoU at Appendix 1. A number of specific
                points were raised at the meeting of the Navigation Committee, for
                example, the position of half-deckers and temporary navigation lights
                used for the Three Rivers Race. These were all clarified using the
                technical manuals for the existing national scheme. (Note: see
                reference to adjacent waters below)

        (ii)    Exemptions to the Requirements for Compulsory Insurance

                Members will be aware that the Authority has committed from early on
                in the process to exempt small unpowered craft. Two very different
                views have emerged during the on-going discussions with national and
                local boating organisations. The RYA has significant reservations about
                extending compulsory insurance to unpowered craft at all while locally
                the Navigation Committee and the NSBA have expressed the view that
                all craft should be covered.

                A proposal based on an area measurement and speed was discussed
                at the Navigation Committee. At the meeting in London in December
                officers had understood that agreement had been reached to exclude
                “entry level craft” based on an area measurement had been agreed
                though it was clear that the RYA had reservations.

                Officers reviewed the basis for an area measurement against specific
                craft and concluded that a threshold of 6 square metres would meet the
                desire to exclude “entry level craft”. This was acceptable to the NSBA
                and the Inland Waterways Association as evidenced by the following
                response the Authority’s proposal.

                “We are quite willing to interpret 'entry level' by the area measurement
                proposed for the insurance exemption. We regard this as very
                important commitment.”


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                However, it has not proved possible to reach agreement with the Royal
                Yachting Association whose current position, as officers understand it
                is:

                “On the subject of insurance, the RYA position throughout has been
                clear, which is that we would support a position similar the one agreed
                with the Environment Agency. As you know, the Agency does not
                require insurance for unpowered craft except in defined circumstances,
                such as for racing and taking part in organised events. I do not agree
                that the Broads are so unsafe or unique when compared with every
                other harbour in the UK that you require compulsory insurance for
                sailing craft. However, I shall place this before both the RYA Inland and
                Cruising and Government Affairs Committees and request that they
                confirm the RYA position.”

                Officers will update the meeting on any further developments but at this
                point this appears to be the only major issue of principle outstanding
                and it is hoped that, through dialogue with the Norfolk and Suffolk
                Boating Association and the Royal Yachting Association, agreement
                can be reached.

                The response from the RYA is awaited.

        (iii)   Exemption to the Toll and Registration Requirements in Adjacent
                Waters

                Concerns were raised at the Navigation Committee concerning the
                exemptions for boatyards. Agreement has now been reached on the
                following basis:

                The requirement for a vessel to register, pay a toll, have a Boat Safety
                Certificate or provide proof of insurance shall not apply when a vessel
                is in the area of a recognised boatyard and there for service, repair,
                storage or for sale by the boatyard.

                If a vessel has a permanent mooring within the area of a recognised
                boatyard and is in use for recreation or residential purposes then the
                above requirements shall apply.

                Discussion and investigation of the potential exemptions for adjacent
                waters has led to an agreement that pontoons in adjacent waters
                should be excluded from registration and the payment of tolls and that
                in the navigation area permanently fixed pontoons should also be
                exempt.




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        (iv)    The Removal of the Requirement to have a Separate Navigation
                Account

                At the meeting in London the boating organisations agreed that the
                wording in respect of the removal of the requirement to maintain a
                separate Navigation Account in the Bill was appropriate. The RYA was
                content with the new format for the Authority’s accounting and agreed
                that it would be appropriate for the Authority to consult with the
                Navigation Committee on any changes in the format. A copy of the new
                format is at Appendix 3. The Chairman of the NSBA felt that the
                requirement to maintain a separate Navigation Account could go
                without further consultation once the Bill became an Act to avoid
                duplication.

        (v)     The Scope of the General Direction Powers

                The process for agreeing General Directions has been agreed and is
                summarised in the Draft MoU. At the meeting in London on 21
                December the exemptions set out below were agreed to meet the
                concerns of the boating organisations.

                        The general direction referred to in Clause 4(3)(e) will not be
                        given for the purpose of prohibiting the movement of pleasure
                        craft as defined in the 1988 Act.

                        The general direction referred to in Clause 4(3)(f) will not be
                        given for the purpose of prohibiting or regulating the movement
                        of pleasure craft (as so defined).

                        The general direction referred to in Clause 4(3)(g), insofar as it
                        relates to the qualifications of the master, will only be given in
                        relation to pleasure craft (as so defined) if and to the extent that
                        it becomes a national requirement for masters to be qualified.

                The first refers to Clause 4 (3) (e). The Authority’s aim was to prevent
                dangerous vessels entering the navigation area. The Authority has
                accepted that the prohibition of entry would not apply to pleasure craft
                as defined in the 1988 Act (25 (1)) as “any vessel used for sport or
                recreation whether hired or privately owned, and includes a
                houseboat.”

                The second refers to Clause 4 (3) (f) where the Authority was seeking
                to control the movement of vessels at times of poor visibility or at the
                time of high winds. Broads Authority staff frequently advise vessels,
                often hired craft, not to pass Breydon Water when the weather is bad
                and such a passage would be hazardous. The Port Marine Safety
                Code requires hazards to be risk assessed and navigation authorities
                to seek necessary legal powers to institute reasonable mitigation
                measures. The Authority felt these provisions were particularly



JP/KH/RG/rpt/BA Special Meeting/p6of33/170107
                necessary for hirers who cannot be expected to have sufficient
                experience to judge appropriate action.

                The RYA and BMF argued that this would inhibit the public right of
                navigation and it was not the role of the Authority to give instructions in
                such cases but rather to advise vessels and then the responsibility
                remained with the master of the vessel. The case for coasters being
                directed in this way was accepted. Officers therefore reluctantly
                accepted that pleasure craft would be exempt from this clause. This is
                consistent with the powers available to other harbour authorities.

        (vi)    Change of Name

                The Bill contains a provision, identical to that applying to local
                authorities, to allow the Authority to change the name of the authority
                without the need for further primary legislation. This would not allow
                the Authority to change the status or name of the area. A the meeting
                with boating organisations the Authority’s officers indicated that the
                Authority had no plans to change the name of the Authority but felt that
                it was a sensible to include the provision in Schedule 6 to avoid primary
                legislation should agreement on an alternative name be reached. It was
                accepted that this could be covered by an agreement not to change the
                name of the Authority without agreement from the national boating
                organisations.

        (vii)   Navigation Committee

                Members will recall that at the meeting on 3rd November concerns were
                expressed on a paragraph 2.6 of the statement setting out the role of
                the Navigation Committee. Appendix 2 contains the current version of
                the document, agreed with the RYA and the BMF which meets the
                concerns previously expressed.

                Clause 16 (6) Entry and Inspection of Vessels
                At the meeting in London the RYA wanted this clause strengthened.
                Officers agreed to write into the Bill that the Authority will inform in
                writing the master at the time of inspection and the owner, if different,
                as soon as practical afterwards that they may request a copy of the full
                report.

                Clause 25 Licensing of Rescue Boats
                Officers agreed to further consider how the concerns raised by the RYA
                in relation to club boats rescuing non-event participants could be
                accommodated.

                Schedule 6 paragraph 12
                The boating organisations confirmed that they had no objection to the
                powers to temporarily close waterways for a slightly extended period
                for recreational events.



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3.3     British Waterski and Eastern Rivers Ski Club

3.3.1 Discussions with British Waterski and the Eastern Rivers Ski Club have
      centred on the proposed Memorandum of Understanding and, in particular, on
      the proposed Terms of Reference and Membership of the Panel to be
      established to advise the Authority on how the range of powers in the Bill
      relating to waterskiing and wakeboarding will be exercised. The outcome of
      these discussions has been the production of a further draft Memorandum of
      Understanding attached to this report as Appendix 4. The only outstanding
      issue, which is not believed to be contentious, relates to the precise wording
      of the definitions in section 4 of the Memorandum.

3.4     Great Yarmouth Port Authority

3.4.1 Following the last meeting of the Authority a draft Undertaking has been sent
      to the Port Authority. This gives effect to the agreement already reached with
      them, namely, that the Broads Authority will not fix the appointed day for the
      transfer of Breydon Water and the Lower Bure into its navigation jurisdiction
      without first obtaining the written consent of the Port Authority.

3.5     Defra

3.5.1 Following the deposit of the Bill, Defra have made a number of comments,
      largely minor drafting points. A meeting has been arranged with Defra for 16
      January 2007 to discuss these comments, and the outcome will be reported to
      Members on 26 January. However, none of the comments undermine any of
      the objectives in the Bill or seek to restrict the exercise of the proposed
      powers.

4       Conclusions and Next Steps

4.1     Agreement has been reached with the Environment Agency, almost all the
        concerns of the national and local boating organisations have been met, and
        the Memorandum of Understanding with the waterskiing organisations is close
        to agreement. This should all help with the passage of the Bill, though the
        Authority awaits to see if there are petitions against the Bill and, if there are,
        what the issues of concern are. Over the coming weeks the Authority will
        need to be proactive in providing information on the content of the Bill and the
        relevant agreements emphasising the importance of its provisions in
        improving safe navigation on the Broads.



Background papers: Nil

Authors:                John Packman, Keir Hounsome
Date of report:         15 January 2007




JP/KH/RG/rpt/BA Special Meeting/p8of33/170107
APPENDIX 1                                                                     DRAFT

          Broads Authority Bill 2007 (“the Bill”)
 Memorandum of Understanding (MoU) with Boating Interests


The aim of the Broads Authority’s Bill (“the Bill”) is to improve safety for the public on
its navigation and modernise its constitution as set out in the Norfolk and Suffolk
Broads Act 1988 (“the 1988 Act”).

The Broads Authority (“the Authority”) recognises that users of its navigation and the
Authority’s Navigation Committee have knowledge and expertise that are a valuable
resource to the Authority in particular when considering the detailed application and
implementation of the provisions in the Bill.

This MoU sets out the Broads Authority’s specific intentions in respect of certain
clauses in the Bill and provides a new framework for the role and operation of the
Navigation Committee.

This MoU will be reviewed and updated as necessary by the Broads Authority and
the national and local boating organisations party to this agreement (“the national
and local boating organisations”).

Generally, when implementing the provisions in the Bill, the prime vehicle for seeking
views will be the Navigation Committee though when it is appropriate the Authority
will consult with the national and local boating organisations.


Signed by:

…………………………….. Chief Executive, Broads Authority

…………………………….. Chief Executive, British Marine Federation

…………………………….. Chairman, Broads Hire Boat Federation

…………………………….. Chief Executive, Inland Waterways Association

…………………………….. Chairman, Norfolk and Suffolk Boating Association

…………………………….. Chief Executive, Royal Yachting Association


DATE ……………………………




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        1.      General Directions (Clause 4)

                (a)     Before deciding to give any general direction, the Authority will,
                        except in an emergency, consult over a six week period, with
                        national and local bodies which appear to it to represent boating
                        interests as it considers appropriate. These will include the
                        national and local boating organisations.

                (b)     Except in an emergency the Authority will then adopt the
                        following process if at any stage in the process it is wished to
                        continue with the making of the general direction:-

                        (i)     Following the consultation referred to in paragraph (a)
                                above, the matter will be referred to the Authority’s
                                Navigation Committee. If the Navigation Committee does
                                not support the making of a general direction or there are
                                unresolved objections from any of the national and local
                                boating organisations, the matter will be referred to
                                IWAC.

                        (ii)    IWAC will then give both the Authority and the objector(s)
                                the opportunity to make representations to them. After
                                considering those representations IWAC will then send its
                                report to the Authority and the objectors together with its
                                opinion on whether the direction should be given.

                        (iii)   The Broads Authority will then consider the objections
                                and the formal opinion of IWAC before making a decision
                                on whether to give the direction.

                (c)     The general direction referred to in Clause 4(3)(e) will not be
                        given for the purpose of prohibiting the movement of pleasure
                        craft as defined in the 1988 Act.

                (d)     The general direction referred to in Clause 4(3)(f) will not be
                        given for the purpose of prohibiting or regulating the movement
                        of pleasure craft (as so defined).

                (e)     The general direction referred to in Clause 4(3)(g), insofar as it
                        relates to the qualifications of the master, will only be given in
                        relation to pleasure craft (as so defined) if and to the extent that
                        it becomes a national requirement for masters to be qualified.


        2.      Enforcement of Special Directions (Clause 8)

                In determining what is a “reasonable time” for the purposes of Clause
                8(1) the Navigation Officer will take into account the following
                considerations:



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                (a)     The seriousness of the situation which the special direction is
                        intended to avoid.

                (b)     The time it would ordinarily take a competent helmsman to
                        comply with the direction.

                (c)     Any special personal circumstances of the person to whom the
                        direction is given.


        3.      Byelaws for Registration of Vessels (Clause 11)

                (a)     The Authority will not require the registration of rafts or pontoons
                        that are permanently kept in adjacent waters or are permanently
                        fixed within the navigation area. Similarly, tolls will not be
                        charged in respect of such craft.

                (b)     Ordinarily, the Authority will, when seeking evidence, at the time
                        of the application for registration of a vessel or when the annual
                        toll becomes due, accept that a valid third party insurance is in
                        force in respect of the vessel under Clause 14 on a declaration
                        in writing by the applicant/toll payer rather than require the
                        production of the insurance certificate or a copy thereof. The
                        Authority will only seek the production of the insurance
                        certificate itself or a copy of it where it has reason to suspect
                        that valid third party insurance is not in place or when
                        investigating an incident.


        4.      Construction and Equipment Standards (Clause 12)

                The Authority will continue to advocate the Boat Safety Scheme (“the
                BSS”) (a safety initiative based on the vehicle MoT system managed
                jointly by the Environment Agency and British Waterways) and
                supported by the Association of Inland Navigation Authorities (“AINA”)
                so long as it is in place and is effective. The recent revision of the
                BSS’s requirements allows, where appropriate, for the use of a number
                of compliance options. By the use of these options, traditional vessels
                should be able to meet the minimum safety standards.

                (a)     The Authority intends to use these provisions only to implement
                        the National Boat Safety Scheme.

                (b)     The Authority therefore intends to impose minimum standards
                        for construction and maintenance of privately owned boats, but
                        more onerous standards currently apply to hire vessels, in
                        particular to secure a level of safety for customers using such
                        vessels.




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                (c)     The Authority will continue to work with AINA and stakeholders
                        via the national Boat Safety Scheme office and its committees in
                        the development of the Scheme.

                (d)     The Authority confirms that non-owning masters of vessels will
                        not be liable unless they are aware that the Boat Safety
                        Standards are not being met.

                (e)     The Navigation Committee will be consulted on the introduction
                        and amendment of these standards except to the extent that
                        they are already in place as a result of the Authority’s Boat
                        Safety Byelaws. They will not be implemented until such
                        consultation has taken place.

                (f)     Initially, the Authority will apply the exemptions set out in
                        Appendix 1. Changes will only be made with the agreement of
                        the Navigation Committee.


        5.      Compulsory Third Party Insurance (Clause 14)

                The existence of valid insurance will normally be checked at the point
                of payment of the annual toll (in the same way that valid insurance
                cover is checked at the point of issue of a road fund licence). A
                declaration in writing by the toll payer in a form prescribed by the
                Authority will be accepted as evidence of valid insurance. Where the
                Authority has reason to suspect that valid insurance is not in place or
                when investigating an incident physical proof of insurance will required
                to be presented in person at the Authority’s main office or provided by
                post to the same. Photocopy proof will be acceptable in the first
                instance.

                The Authority will require all powered vessels to carry insurance cover
                in accordance with the requirement specified in Schedule 2.

                The Authority will also require all un-powered craft that are owned by
                organisations or clubs (whether incorporated or unincorporated bodies)
                or those participating in any organised event in the Navigation Area
                and adjacent waters or that are let for hire to be similarly covered.

                The owners of vessels not required to carry insurance cover will
                nevertheless be advised and encouraged to obtain third party
                insurance cover, and this will be advised to them at the time of
                registration.

                (a)     Initially, the Authority will exempt the following categories of
                        vessel from the requirement to have third party insurance:

                        (i)     Intention is to exclude entry-level non-powered craft with
                                a block area of less than 6 square metres.


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                        Changes will only be made with the agreement of the Navigation
                        Committee.

                (b)     The Authority confirms that non-owning masters of vessels will
                        not be liable unless they are aware that the compulsory
                        insurance requirement is not being met.


        6.      Inspection of Vessels (Clause 16)

                (a)     The Authority will ensure that, subject to emergency situations, a
                        reasonable approach to requiring inspections is adopted by
                        Broads Authority staff, which is mindful of the cost,
                        inconvenience and delay, which can be caused by inspection to
                        the user. The Navigation Committee will be consulted on the
                        development of this process and the powers will not be
                        implemented until this consultation has taken place except as
                        provided for under the existing Act and byelaws

                (b)     The Authority agrees that generally they will not require the
                        inspection of parts of a vessel not covered by the boat standards
                        imposed under Clause 12. However, there may be
                        circumstances when this is appropriate, e.g. hull inspection may
                        be required if the vessel is clearly listing or down in the water, to
                        ascertain whether there is a breach which could result in sinking
                        etc.

                (c)     Authorised persons will be required to produce their I.D., as
                        evidence of their authority, if so requested.

        7.      Unsafe Vessels (Clause 17)

                Decisions as to whether a vessel is unsafe or fails to comply with the
                Boat Safety Standards will be taken by an officer of the Authority, with
                advice from a BSS examiner or a BSS Quality Control Assessor, where
                appropriate.

        8.      Removal of Vessels (Clause 19)

                The Authority will develop a set of procedures for dealing with the
                removal of vessels under the powers contained in the Bill. These
                procedures will provide working definitions for what might constitute
                “reasonable enquiries” and will define the format of the official notices.
                Guidance will also be given for recording the condition of the vessel
                and, generally, how these powers will be exercised. The Navigation
                Committee will be consulted on the development of these procedures
                and the powers will not be implemented until this consultation has
                taken place.



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        9.      Licensing of Hire Boats (Clause 42)

                The Authority will consult with the hire boat industry and the Navigation
                Committee on the exercise of these powers and on the conditions to be
                attached to licences. Licensing will not be introduced until this
                consultation has taken place, except for day boats covered by the pilot
                scheme being introduced by North Norfolk District Council on 1
                January 2007. It is expected that the MCA Scheme will be applied as
                licence
                conditions once agreed and similarly the MCA Small Passenger Boat
                Code for trip boats which are not already MCA licensed.


        10.     Licensing of Rescue Boats (Clause 25)

                The Authority will consult its Navigation Committee on the exercise of
                these powers and on the conditions to be attached to licences.
                Licensing will not be introduced until this consultation has taken place.


        11.     Provision of Information (Clause 39)

                (a)     The Authority will provide information to any person who can
                        show reasonable cause and to a “responsible authority” as
                        defined in the Bill in accordance with the Bill’s provisions.

                (b)     No public register will be held.

                (c)     The Authority will develop a process for deciding what
                        constitutes a “reasonable cause” for the purposes of this
                        provision, taking account of any advice received from the
                        Information Commissioner.


        12.     Discontinuance of Navigation Account (Schedule 6)

                (a)     The proper records required by the new section 13(2) of the
                        1988 Act will be in the form in Appendix 2. Changes to this
                        format will only be made after consultation with the Navigation
                        Committee.


        13.     Name of the Authority (Schedule 6)

                The Authority will only exercise the power in section 74 of the Local
                Government Act 1972 to change its name with the agreement of the
                national boating organisations.




JP/KH/RG/rpt/BA Special Meeting/p14of33/170107
                                                                                        APPENDIX 2

                      BROADS AUTHORITY BILL
      STATEMENT AGREED WITH THE BMF AND RYA IN RELATION TO THE
                      NAVIGATION COMMITTEE

1       The basis for the amended provisions proposed in the Bill

1.1     This paper records the understanding reached between the Authority and the BMF and RYA
        in respect of the proposed amendments contained in the Bill in relation to the Navigation
        Committee and which have been agreed between them.

1.2     The Broads Authority recognises the important part that the Navigation Committee, required
        by the 1988 Norfolk and Suffolk Broads Act (the 1988 Act), plays in supporting the Authority
        in the delivery of its statutory purposes. The formulation of the Broads Authority Bill has
        provided an opportunity to clarify and strengthen the role of the Committee.

1.3     Whilst the Authority is itself the body responsible for navigation, the Navigation Committee
        has under the 1988 Act:
        a scrutiny and advisory role in relation to this function of the Authority, and

        may have functions delegated to it by the Authority although there is not requirement
               for the Authority to do so.

1.4     As such, it needs to be consulted in advance on all significant matters affecting the
        navigation. Where the Authority resolves not to adopt any recommendation made to it by the
        Navigation Committee, the reasoning for this needs to be fully explained. Past experience has
        shown that the Authority normally accepts the Committee’s advice on matters concerning the
        navigation and this pattern is likely to continue.

1.5     In recognition of this and having regard to the Authority’s desire to modify the 1988 Act to
        allow delegation of navigation functions to officers and not simply delegation to or through
        the Navigation Committee, which the BMF and RYA have acceded to, it has agreed to
        expand the category of matters that the Navigation Committee must be consulted upon and to
        provide expressly for the giving of reasons where the Authority finds itself unable to accept
        Navigation Committee recommendations. A consequential amendment has also been agreed
        to be made in relation to consultation on works licences.

1.6     The effect is to clarify and strengthen the role of the Navigation Committee by allowing it to
        continue, to act as a scrutiny and advisory committee in relation to the navigation, consulted
        in advance on all matters of significance to navigation and with the facility to have delegated
        to it navigation functions but with no obligation for this to happen.

1.7     This leaves the Authority and, so far as functions are delegated to them, its officers with the
        full executive function but with improved accountability, recognising that the Navigation
        Committee has an important role in advising upon, facilitating and scrutinising the activities
        of the Authority in relation to its role as a navigation authority.

2       Summary of constitution and role of Navigation Committee

2.1     Existing membership is to be retained with13 members of whom 5 are members of the
        Authority and 8 are appointed after consultation with boating interests.



JP/KH/RG/rpt/BA Special Meeting/p15of33/170107
2.2     The Navigation Committee will continue to operate as a separate committee, meeting 6 times
        a year with the ability to require additional meetings, in exceptional circumstances, (after
        discussions between the Chairman of the Authority, the Chairman of the Navigation
        Committee and the Chief Executive) or at the request of the full Authority. The number of
        meetings per year may be reduced from time to time with the agreement of the Navigation
        Committee.

2.3     The Navigation Committee will continue to appoint its own chairman and to determine its
        own procedure: see the 1988 Act Sch 4, para.4(2)&(3).

2.4     Minutes of meetings of the Navigation Committee to be prepared in accord with the
        Authority’s normal practice. This will give the Chairman the opportunity to comment on the
        draft, and where appropriate to suggest amendments before they are finalised and circulated
        for adoption at the next meeting.

2.5     The role of the Navigation Committee to be:
        scrutiny and advisory; and

        with the ability, as now, to exercise delegated functions on behalf of the Authority but
                with no requirement on the Authority to delegate to it.

2.6     In relation to its scrutiny and advisory role, the Committee to be consulted in advance on all
        matters materially affecting the navigation. Past experience has shown that the Authority
        normally accepts the Committee’s advice on matters concerning the navigation and this
        pattern is likely to continue.

2.7     The Authority to be able to delegate navigation functions to others as well as the Navigation
        Committee i.e. repeal s.9(8) of the 1988 Act.

2.8     The Navigation Committee to be consulted by the Authority amongst other things specifically
        on the following:

        (a)     proposals to vary the navigation area: see the 1988 Act s.8(4);

        (b)     delegation of navigation functions to any person: see the 1988 Act s.9(6)(a)(i);

        (c)     appointments to the Navigation Committee: see the 1988 Act s.9(6)(a)(ii);

        (d)     before proposing, determining or bringing into force any new policy, strategy
                or procedure or any change to an existing policy, strategy or procedure which
                may significantly affect the use or enjoyment of the whole or any part of the
                navigation area: see the 1988 Act as proposed to be amended by Broads
                Authority Bill s.9(6)(a)(iii);

        (e)     before determining any planning application which may specifically affect the
                use or enjoyment of the whole or any part of the navigation area and which
                materially conflicts with any policy, plan, strategy or procedure of the
                Authority: see the 1988 Act as proposed to be amended by Broads Authority
                Bill s.9(6)(a)(iv);

        (f)     the preparation of the annual budget: see the 1988 Act as proposed to be
                amended by Broads Authority Bill s9(6)(a)(v);



JP/KH/RG/rpt/BA Special Meeting/p16of33/170107
        (g)     except in an emergency, before incurring expenditure which may have a
                significant effect on the use or enjoyment of the whole or part of the
                navigation area and which has not been specifically provided for in the annual
                budget approved by the Authority: See the 1988 Act as proposed to be
                amended by Broads Authority Bill s.9(6)(a)(vi);

        (h)     before applying for any amendment of or alteration to the Navigation
                Committee’s constitution as set out in section 9 of the 1988 Act or the
                Authority’s constitution as set out in section 1 of the 1988 Act or any change
                to the functions of the Authority in relation to the navigation area as set out in
                Part II of and Schedule 5 of the 1988 Act and under Parts 2 and 3 of the 2007
                Act: see the 1988 Act as proposed to be amended by Broads Authority Bill
                s.9(6)(a)(vii);

        (i)     byelaw applications: see the 1988 Act s.10(17)(a);

        (j)     appointment of the navigation officer: see the 1988 Act s.10(17)(b);

        (k)     before determining an application for a works licence the granting of which
                would significantly affect the use or enjoyment of the whole or any part of the
                navigation area : see the 1988 Act as proposed to be amended by Broads
                Authority Bill s.11(13);

        (l)     determining navigation charges: see the 1988 Act s.13(3);

        (m)     except in cases of urgency, exercising Schedule 5 Part I (general navigation
                functions) or paragraph 23 (new rights) powers: see the 1988 Act Sch.5, para.
                16;

2.9     The Authority will further report to each meeting of the Navigation Committee upon the
        exercise of powers in relation to navigation by the Authority or any officer of the Authority
        since the last meeting of the Committee: see the 1988 Act as proposed to be amended by
        Broads Authority Bill s.9(6)(b).

2.10    Where the Authority resolves not to adopt any recommendation made to it by the Navigation
        Committee, it should provide full reasons for doing so: see the 1988 Act as proposed to be
        amended by Broads Authority Bill s.9(9).




JP/KH/RG/rpt/BA Special Meeting/p17of33/170107
                                                                                 APPENDIX 3
Format for Management Accounts

Broads Authority – Revised Format Management Statement indicating what income
      will be treated as wholly or partly navigation and how expenditure on the
      navigation will be calculated.


                                                                           Shared
                                                            Wholly        National
                                                                                        Wholly
                                                         National Park   Park duties
                                                                                       Navigation
                                                            duties          and
                                                                         Navigation

                                                           Income          Income        Income
INCOME
                        National Park Grant                   X
                        Additional National Park Grant                       1
                        Interest Received                                    2
                        Hire Craft Tolls                                                   X
                        Private Craft Tolls                                                X
                        Short Visit Tolls                                                  X
                        Mutford Lock                                                       X
                        Water Ski Permit                                                   X
                        TOTAL INCOME

                                                         Expenditure     Expenditure   Expenditure
A. CORPORATE SERVICES

Management and Administrative Support
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Stationary/Office Expenses
                        Office Furniture/Equipment
                        Telephones
                        Postages
                        Best Value
                        ANPA/LGA/EERA
                        Miscellaneous Expenses

                        Income
                        Salary Recharge

                        Sub-Total                                            3




JP/KH/RG/rpt/BA Special Meeting/p18of33/170107
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Insurance
                        Audit Fees
                        Bank Charges/Interest
                        Financial Services

                        Sub-Total                 3

Human Resources and Staff Training
                    Salaries
                    Other Employee
                    Costs/Expenses
                    Personnel Services
                    Employee Training
                    Health and Safety at Work

                        Sub-Total                 3

Information and Design
                      Salaries
                      Other Employee
                      Costs/Expenses
                      Publications/Information
                      Other Information and
                      Interpretation Services

                        Income
                        Miscellaneous income

                        Sub-Total                 3

Information Technology
                     Salaries
                     Transfer to Tolls Computer
                     and Website
                     Other Employee
                     Costs/Expenses
                     Computer Services
                     Tolls Computer and website
                     (AGF)
                     GIS/OS Maps and Licenses

                        Sub-Total                 3




JP/KH/RG/rpt/BA Special Meeting/p19of33/170107
Legal Services
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Professional Fees
                        Private Bill (AGF)

                        Sub-Total                     3
Member Services
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Printing Costs
                        Member Allowances and
                        Expenses
                        Other Member Services Costs
                        Local Access Forum

                        Income
                        Miscellaneous income

                        Sub-Total                     3

Navigation Tolls
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Tolls Stationary

                        Income
                        Miscellaneous income

                        Sub-Total                         x

Premises and Property Matters (Colegate)
                     Office Accommodation: Rent,
                     Rates, and Water
                     Office Accommodation:
                     Repairs and Overheads
                     Transfer to New Office
                     Accommodation Reserve
                     Account
                     Car Parking
                     Professional Fees

                        Sub-Total                     3




JP/KH/RG/rpt/BA Special Meeting/p20of33/170107
Sustainable Development Fund
                     Transfer to Sustainable
                     Development Reserve A/C

                        Income
                        Defra Sustainable
                        Development Fund Grant

                        Sub-Total                     x
B. COUNTRYSIDE MANAGEMENT

Management and Administrative Support
                   Salaries
                   Other Employee
                   Costs/Expenses

                        Sub-Total                     x

CONSERVATION

Fen and Grazing Marshes
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle Costs
                        Accommodation Costs:
                        Horning
                        Fen Harvesting: Restoration
                        and Management
                        How Hill Management
                        Fen Grazing
                        Management Agreements
                        Wetland Restoration
                        Fen Strategy Development
                        Fen and Drained Marshes:
                        Research and monitoring
                        Ecolink
                        Mink Project Costs
                        Bure Loop Project

                        Income
                        Bittern II EU Life Project
                        Miscellaneous income
                        Employee/vehicles income
                        Mink Project income
                        Bure Loop Project

                        Sub-Total                     x




JP/KH/RG/rpt/BA Special Meeting/p21of33/170107
LAND BASED RECREATION

Events
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle costs
                        Events

                        Income
                        Events and Wherry Income

                        Sub-Total                       x


Visitor Facility and Volunteers Management
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle Costs
                        Accommodation Costs
                        Visitor Management Facilities
                        Asset Management/Access
                        (AGF)
                        Volunteers

                        Sub-Total                       x

Public Rights of Way
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle Costs
                        Accommodation Costs: Island
                        Cottage
                        Accommodation Costs: Oby
                        PRoW/Access
                        CRoW Act Implementation
                        Countryside Ranger Running
                        Costs

                        Income
                        Defra Access Grant
                        Miscellaneous income
                        Sub-Total                       X

Landscape and Projects
                     Salaries
                     Other Employee
                     Costs/Expenses
                     Vehicle Costs
                     Town, Village and Staithe
                     Enhancement



JP/KH/RG/rpt/BA Special Meeting/p22of33/170107
                        Upper Thurne Enhancement
                        Schemes
                        Underground Overhead Wires
                        Project
                        Project Team Tools and
                        Equipment

                        Income
                        Environment Agency: Potter
                        Heigham Chalets

                        Sub-Total                       X

TOURISM
                        Tourism Development
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Tourism Promotion
                        Sustainable Tourism/Quality
                        Charter

                        Income
                        Tourism Promotion

                        Sub-Total                       X

                        Visitors Services
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle Costs
                        Accommodation Costs
                        Visitor Management Facilities
                        Visitors Centres/Electric Eel
                        How Hill Grant Aid
                        Boat Trips
                        Quality Charter

                        Income
                        Visitors Centres
                        Visitors Centres sales misc
                        Boat Trips

                        Sub-Total                       X

PARTNERSHIPS

Whitlingham Country Park
                     Salaries
                     Other Employee
                     Costs/Expenses
                     Accommodation Costs



JP/KH/RG/rpt/BA Special Meeting/p23of33/170107
                        Vehicle Costs

                        Income
                        Whitlingham Charitable Trust
                        Recharge

                        Sub-Total                      X

Trinity Broads
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Management Costs
                        Filby Project

                        Income
                        Essex and Suffolk Water
                        Recharge

                        Sub-Total                      X

Lound
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Lound Project Costs

                        Income
                        Essex and Suffolk Water
                        Recharge
                        Essex and Suffolk Water
                        Project Costs Recharge

                        Sub-Total                      X

Heritage Lottery Scheme
                      Salaries
                      Other Employee
                      Costs/Expenses
                      Vehicle Costs
                      Bursary Scheme Recharge
                      Accommodation Costs
                      Bursary Scheme

                        Income
                        Bursary Scheme

                        Sub-Total                      X




JP/KH/RG/rpt/BA Special Meeting/p24of33/170107
C. PLANNING AND STRATEGY

Management and Administrative Support
                   Salaries
                   Other Employee
                   Costs/Expenses

                        Sub-Total                       X

Broads Plan
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Broads Plan
                        Broads Strategy Grant Aid
                        External Funding Officer

                        Sub-Total                       X

Cultural Heritage
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Landscape and Cultural
                        Strategy
                        Cultural Heritage

                        Sub-Total                       X

Development Control
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Transfer to Planning and
                        Delivery Grant Reserve A/C
                        Bringing Planning Service In-
                        House
                        Fees/Miscellaneous Costs

                        Income
                        Salary Recharge to Bringing
                        Planning Service In-House
                        DCLG Planning Delivery Grant
                        Miscellaneous income

                        Sub-Total                       X




JP/KH/RG/rpt/BA Special Meeting/p25of33/170107
Forward Planning
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Local Development
                        Framework

                        Sub-Total                    X

D. WATERWAYS

Management and Administrative Support
                   Salaries
                   Other Employee
                   Costs/Expenses

                        Sub-Total                        3

Broadland Flood Alleviation Project
                      Salaries
                      Other Employee
                      Costs/Expenses
                      Broadland Flood Alleviation
                      Strategy
                      Broadland Flood Alleviation
                      Strategy (AGF)

                        Income
                        Environment Agency
                        Contribution

                        Sub-Total                    X

Conservation of Water Bodies
                      Salaries
                      Salary Recharge to PSA
                      Targets
                      Other Employee
                      Costs/Expenses
                      Restoration and Management
                      Research and Monitoring
                      PSA Targets/Water
                      Framework Directive (AGF)
                      Broads Fisheries Action Plan
                      Upper Thurne Research and
                      Management
                      Ant Valley Project

                        Sub-Total                    X




JP/KH/RG/rpt/BA Special Meeting/p26of33/170107
Dredging
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Dredging
                        Dredging (AGF)

                        Sub-Total                      X

Moorings and Yacht Stations
                     Salaries
                     Other Employee
                     Costs/Expenses
                     Lease of Moorings
                     Piling and Maintenance of
                     Moorings
                     Piling and Maintenance of
                     Moorings (AP)
                     Mooring Interpretation
                     Norwich Yacht Station
                     Great Yarmouth Yacht Station

                        Income
                        Norwich Yacht Station
                        Great Yarmouth Yacht Station

                        Sub-Total                      X

Navigation Safety and Policy
                      Salaries
                      Other Employee
                      Costs/Expenses
                      Boat Safety
                      Port Marine Safety Code
                      (AGF)
                      Safety DVD Development
                      Oil Spill Preparedness
                      Sustainable Boating
                      Grant Aid
                      Printing, Promotion and
                      Miscellaneous Costs
                      Hire Boat Project

                        Income
                        Miscellaneous Income

                        Sub-Total                      X

Navigation Works and Maintenance
                     Salaries
                     Salaries (AP)
                     Other Employee



JP/KH/RG/rpt/BA Special Meeting/p27of33/170107
                        Costs/Expenses
                        Vehicle Costs
                        Vessels
                        Notice Boards and Channel
                        Marking
                        Weed Clearance
                        Breydon Water
                        Mutford Lock
                        Other Maintenance
                        Other Maintenance (AP)

                        Income
                        Miscellaneous income
                        Works Licenses and Dredging
                        income

                        Sub-Total                           X

Patrolling
                        Salaries
                        Other Employee
                        Costs/Expenses
                        Vehicle Costs
                        Accommodation Costs: 50%
                        Ludham
                        Vessel Replacement Fund
                        Launch Running Costs
                        Boat Houses
                        Removal of Wrecks
                        Miscellaneous Supplies and
                        Services
                        Auxiliary Navigation Rangers
                        Auxiliary Navigation Rangers:
                        Training
                        Port Marine Safety Code

                        Income
                        Employees/Vehicles/Premises
                        Miscellaneous income

                        Sub-Total                           X

STAFF TURNOVER ALLOWANCE
                 Staff turnover allowance               3

                        TOTAL NET
                        EXPENDITURE

                        TOTAL INCOME LESS
                        TOTAL NET
                        EXPENDITURE




JP/KH/RG/rpt/BA Special Meeting/p28of33/170107
Reserve Accounts

                        Vessel Replacement Fund

                        balance b/f
                        movement
                        balance c/f                       X


                        Mutford Lock Endowment
                        Fund

                        balance b/f
                        expenditure
                        balance c/f                       X

                        Planning Delivery
                        Grant/Bringing Planning In
                        House Fund

                        balance b/f
                        Additional core grant
                        ODPM grant
                        Planning expenditure
                        Salary recharge
                        Removal of materials from
                        Wayford Mill
                        Recharged to Mr & Mrs
                        Rogers re Mutford lock (not
                        paid yet)
                        balance c/f                   X

                        IEG Fund

                        balance b/f
                        expenditure Tolls computer
                        system
                        balance c/f                   X


                        Sustainable Development
                        Fund

                        balance b/f
                        06/07 allocation
                        Grants given & expenses
                        Refund of grants
                        balance c/f                   X

                        New Office Accomodation
                        Fund

                        balance b/f
                        additional core grant



JP/KH/RG/rpt/BA Special Meeting/p29of33/170107
                        expenditure
                        balance c/f                        X



Notes
                        Currently based on Action
1                       Plan agreed with DEFRA
                        Pro rata according to level of
2                       investment
                        Pro rata according to staff time
3                       and usage




JP/KH/RG/rpt/BA Special Meeting/p30of33/170107
                                                                            APPENDIX 4

DRAFT Memorandum Of Understanding with British Waterski

Broads Authority Bill – Memorandum of Understanding with British Water Ski
                 and Eastern Rivers Ski Club (Draft ver 2.0)


1.      Purpose of this Memorandum of Understanding

        The purpose of this Memorandum of Understanding is:-

        (a)     To establish a framework for involving interested parties in the
                Authority’s exercise of its powers in the Broads Bill to regulate
                waterskiing and wakeboarding.

        (b)     To establish a Stakeholder Panel whose remit shall be to review and
                advise the Broads Authority on an appropriate management framework
                for waterskiing and wakeboarding.

        (c)     To confirm the principles which the Authority will take into account in
                exercising its powers in the Broads Bill relating to waterskiing an
                wakeboarding.

        (d)     To record a common understanding of the definitions of waterskiing
                and wakeboarding.

2.      Establishment of Water Skiing Panel

        The Broads Authority will establish a Panel with a membership, terms of
        reference and modus operandi as follows:-

        (a)     Membership

                The Panel will comprise 1 representative of each of the following:-

                   Independent Chair appointed by Broads Authority
                   Broads Authority Member
                   British Water Ski
                   Eastern Rivers Ski Club
                   RSPB
                   Norfolk and Suffolk Boating Association
                   Eastern Sports Council
                   Broads Society
                   Royal Yachting Association

        (b)     Role of the Panel

                To receive and consider reports relating to waterskiing and
                wakeboarding and to make recommendations to the Broads Authority


JP/KH/RG/rpt/BA Special Meeting/p31of33/170107
                on the implementation of the powers on the Broads Authority Bill
                relating to waterskiing and wakeboarding based on the latest empirical
                evidence and information.

                In particular it will collect evidence and views of relevant stakeholders
                on waterskiing and wakeboarding and then consider the following:

                    o the establishment and variation of zones, and the times during
                      which and conditions under which these activities will be
                      permitted;
                    o the conditions and overall number of permits;
                    o the principles to be followed in respect of the cancellation and
                      amendment of permits;
                    o the principles applicable to the appeal process;
                    o the principles applicable to the giving of Directions.

                    Pending the Bill’s provisions coming into force, to advise the Broads
                    Authority on the existing arrangements for waterskiing in the
                    Broads.

        (c)     Consultative Process

                The Panel will receive and consider proposals with a view to making
                recommendations to be considered firstly by the Broads Forum and the
                Navigation Committee as part of the consultation process and then by
                the full Broads Authority who will take the final decisions on the
                proposals.

        (d)     Panel Procedures

                The Panel will be expected to consider all the evidence, reflect on it
                and seek to reach a consensus on its recommendations to the Broads
                Authority on the management of the activity. It will need to seek the
                advice of Broads Authority staff, independent experts and anyone else
                who is appropriate. It will be serviced by Broads Authority staff but will
                need to develop and agree its own procedures, to include the calling of
                meetings and the mechanism for reporting back to the Authority.

        (e)     Periodic Review

                The Authority, in consultation with the Panel, will review these
                arrangements from time to time as appropriate.. No changes will be
                made without the agreement of both the Panel and the Authority.

3.      Overall Principles to Apply to the Exercise of the Authority’s Powers

        The Authority agrees that in exercising its powers in respect of waterskiing
        and wakeboarding, it will take account of the following principles:

               Ensuring safety for all users of the navigation area.


JP/KH/RG/rpt/BA Special Meeting/p32of33/170107
               The conserving and enhancing of the natural beauty, wildlife and ultural
              heritage of the Broads, promoting opportunities for the understanding
              and the enjoyment of the special qualities of the Broads by the public and
              protecting the interests of navigation.

4.      Definitions (to be revised following further consultation with British Waterski)

        The Authority confirms that it will work to the following definitions of
        waterskiing and wakeboarding:-

        (a)     Waterskiing

                The towing of a person on, over, or above water, (including the
                crossing of boat wakes) by a boat or other mechanical means through
                the person’s use     of external apparatus or equipment designed for
                that purpose, or the application of the natural physiology of the human
                body. Such tow may be by            use of a rope with handle(s) or other
                similar apparatus, or a solid tow bar, but does not include apparatus
                specifically designed to keep the user airborne for indefinite periods.
                Waterskiing as defined is, where the participant(s) use either a single
                ski (mono ski) or a pair of skis (combination skis) designed or
                manufactured for that purpose, and attached to the feet by bindings or
                boots, predominantly located parallel to the ski(s), as the method by
                which to travel on or over water, or above water for fractional time in
                performing a manoeuvre or wake crossings.

        (b)     Wakeboarding

                Waterskiing, where the participant(s) use a pre-formed elliptical
                wakeboard designed or manufactured for that purpose, and attached to
                the feet by bindings or boots predominantly located at an angle acute
                to the parallel, as the method by which to travel on or over water, or
                above water for fractional time in performing a manoeuvre(s) or wake
                crossings. The use of ballast or excessive weight in the towboat is not
                permitted, nor is the creation of a sustained wave, against a bank, of
                more than 300mm (12 inches) in height from trough to crest.

5.      Changes to this Memorandum of Understanding

        No changes will be made to this Memorandum of Understanding without the
        written agreement of British Waterski and the Eastern Rivers Ski Club.




JP/KH/RG/rpt/BA Special Meeting/p33of33/170107

				
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