227 Non-tidal watersConversely, there is no common law right of public navigation over non-tidal waters. Such right may, however, arise in certain circumstances, for example by immemorial usage; Act of Parliament; express grant or dedication or by long usage. The right must be exercised in accordance with any byelaws made by the British Waterways Board, the Environment Agency or other statutory body responsible for the waterway.
Conversely, there is no common law right of public navigation over non-tidal waters. Such right may, however, arise in certain circumstances, for example by immemorial usage; Act of Parliament; express grant or dedication or by long usage. The right must be exercised in accordance with any byelaws made by the British Waterways Board, the Environment Agency or other statutory body responsible for the waterway.
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