The Restructuring of Navigation Charges (Tolls)

Seven Broads Authority Members have formed a group which has been given the task of reviewing the current structure of the navigation charges (tolls) paid by boat owners using the Broads. This group has developed a structure by way of a new set of Guiding Principles to enable decisions on tolls to be made.

In these “Revised Draft Guiding Principles”, dated June 2016, the following is the first point:

Revised Draft Guiding Principles

1.   Navigation charges should generate sufficient income to maintain the

navigation area for the purposes of navigation to such standard as appears

to the Authority to be reasonably required and to take such steps to improve and develop the navigation area as the Authority thinks fit (Section 10 of the Broads Act 1988). [‘STATUTORY RESPONSIBILITY’]

However, nothing can be found in Section 10 of the Broads Act 1988 which says that the statutory responsibilities have to be paid for by toll charges only.  The relevant wording in Section 10 of the Act states:

10 Functions of Authority and others in relation to the navigation area.

(1) The Authority shall—

(a) maintain the navigation area for the purposes of navigation to such standard as appears to it to be reasonably required; and

(b) take such steps to improve and develop it as it thinks fit.

These seem to be the statutory requirements to which the Report is referring.

It appears that the wording in the Revised Draft Guiding Principles is written in a way which would lead the Committee to believe that the Broads Act states that navigation maintenance and improvements etc can only be paid for by toll charges.  This interpretation cannot be found anywhere in the section of the Act quoted.

Navigation income may only be spent on the navigation, not that the total spent on navigation be equal only to what the tolls produce.  The authority must spend whatever money it needs to maintain the navigation. 

Is the wording in the Guiding Principles deliberately misleading, rather than conveying the reality that tolls income can only be used for navigation purposes?  A distinct difference!

Using this premise, if any particular maintenance or improvements are required, the authority will be able to state that navigation charges will have to be increased to pay for this work or the threat of stopping dredging in other areas will be made, as there is no money available.