EA lose licensing court case

A PROSECUTION brought by the Environment Agency against unlicensed boats in private marinas has been thrown out of court.

The Agency lost its case against boaters in both Thames & Kennet Marina at Reading and Penton Hook Marina at Chertsey that were not licenced (registered), Alan tilbury tells us.

20 boaters prosecuted

There were 20 boaters prosecuted for their boats not having a Thames licence at the two marinas, but the district judge's written ruling at Reading Magistrates' Court told that the Agency had attempted to extend existing law 'by the back door'.

The Environment Agency launched the prosecution after its inspectors discovered there were  boats at the marinas that were not registered to use the Thames, but the boaters argued that as the two marinas were private they were not under the jurisdiction of the Agency, with the judge agreeing they were exempt.

The charges brought by the Agency were for offences contrary to the Environment Agency (Inland Waterways) Order 2010, which states that an unregistered vessel must not be kept on its waterways.

Council pits on private land

The boater defendants claimed that the marinas were gravel pits on private land and do not form any part of the Thames, to which the judge agreed, stating:

"In my judgement it is clear that the Environment Agency, having failed to have the order extended in draft form, is attempting to extend it by the back door by using the Conservancy Act, which has never in the past been used against these defendants.

"In my judgement it would be repugnant to allow them to extend the registration provision to vessels on said marinas without primary legislation."

However, the boaters realise that being unregistered with the Environmental Agency they must not venture out of their marinas onto the Thames. Also, the Agency has 21 days in which to an appeal against the judgment.