Commentary on Sections Provision in orders: specific limitations and powers Section 79 – Diversion of watercourses
211.This section provides that an infrastructure consent order that authorises the diversion of any part of a navigable watercourse can only be made if the proposed new length of watercourse is navigable in a reasonably convenient manner by vessels of a kind that are accustomed to using the watercourse being diverted.
212.If an infrastructure consent order authorises the diversion of any part of a navigable watercourse, the order is also taken to authorise the diversion of any adjacent tow path or other way adjacent to that part.