Nothing in this paragraph authorises the doing of anything prohibited by
section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of
polluting controlled waters).
If any pile, stump or other obstruction to navigation becomes exposed in the
course of constructing any specified work (other than a pile, stump or other
obstruction on the site of any permanent work), the nominated undertaker
shall, as soon as reasonably practicable after the receipt of notice in writing
from the Port Authority requiring such action, remove it from the river or, if
it is not reasonably practicable to remove it, cut it off at such level below the
bed of the river (not being more than two metres below the bed of the river)
as the Port Authority may reasonably direct.
by reason of the construction of any specified work it is reasonably
necessary for the Port Authority to incur costs in altering, removing,
resiting or reinstating existing moorings owned by the Port
Authority, or laying down and removing substituted moorings, or
carrying out dredging operations for any such purpose, not being
costs which it would have incurred for any other reason; and
the Port Authority gives to the nominated undertaker not less than
28 days' notice of its intention to incur such costs, and takes into
account any representations which the nominated undertaker may
make in response to the notice within 14 days of the receipt of the
the nominated undertaker shall pay the costs reasonably so incurred by the
The nominated undertaker shall, at or near every specified work, and any
other work of which the nominated undertaker is in possession in exercise
of any of the powers of this Act, being in either case a work which is below
the level of mean high water springs, exhibit such lights, lay down such
buoys and take such other steps for preventing danger to navigation as the
Port Authority may from time to time reasonably require.
If any specified work or any other work of which the nominated undertaker
is in possession in exercise of any of the powers of this Act (being in either
case a work which is below the level of mean high water springs) is
abandoned, the Port Authority may by notice in writing require the
nominated undertaker to take such reasonable steps as may be specified in
the notice to remove the work and (to such extent as the Port Authority
reasonably requires) to restore the site to its former condition.
If any specified work which is below the level of mean high water springs is
in such condition that it is, or is likely to become, a danger to or to interfere
with navigation in the river, the Port Authority may by notice in writing
require the nominated undertaker to take such reasonable steps as may be
to repair and restore the work or part of it, or
if the nominated undertaker so elects, to remove the work and (to
such extent as the Port Authority reasonably requires) to restore the
site to its former condition.
a specified work which consists of a tidal work and a non-tidal work
is abandoned or falls into decay; and
the non-tidal work is in such a condition as to interfere with the right
of navigation in the river;
the Port Authority may include the non-tidal work, or any part of it, in any
notice under this paragraph.
In sub-paragraph (3) "tidal work" means so much of any specified work as is
below the level of mean high water springs and "non-tidal work" means so
much of any such work as is above that level.
If after such reasonable period as may be specified in a notice under this
paragraph the nominated undertaker has failed to begin taking steps to
comply with the requirements of the notice or after beginning has failed to
make reasonably expeditious progress towards their implementation, the
Port Authority may carry out the works specified in the notice and any
expenditure reasonably incurred by it in so doing shall be recoverable from
the nominated undertaker.
Paragraph 8(4) of Schedule 2 shall apply to any discharge of water under
paragraph 8(1) of that Schedule in connection with the construction or
maintenance of a specified work notwithstanding that the part of the river
affected by the discharge is not a main river.
Any dispute arising between the nominated undertaker and the Port
Authority under this Part shall be determined by arbitration if—
the parties agree, or
the dispute relates to the amount of any sum payable under this Part,
but shall otherwise by determined by a person appointed by the Secretary of
Any person appointed by the Secretary of State under sub-paragraph (1)
shall, in determining any dispute arising under this Part, have regard to such
matters as may be specified by the Secretary of State on making the