|
| |
| |
(4) | 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). |
| |
5 | 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 |
| 5 |
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) |
| 10 |
as the Port Authority may reasonably direct. |
| |
| |
(a) | 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 |
| 15 |
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 |
| |
(b) | the Port Authority gives to the nominated undertaker not less than |
| |
28 days' notice of its intention to incur such costs, and takes into |
| 20 |
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 |
| |
| 25 |
7 | 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 |
| 30 |
Port Authority may from time to time reasonably require. |
| |
8 (1) | 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 |
| 35 |
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. |
| |
(2) | 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 |
| 40 |
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 |
| |
| |
(a) | to repair and restore the work or part of it, or |
| |
(b) | if the nominated undertaker so elects, to remove the work and (to |
| 45 |
such extent as the Port Authority reasonably requires) to restore the |
| |
site to its former condition. |
| |
| |
(a) | a specified work which consists of a tidal work and a non-tidal work |
| |
is abandoned or falls into decay; and |
| 50 |
| |
| |
|
| |
| |
(b) | 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. |
| |
(4) | In sub-paragraph (3) "tidal work" means so much of any specified work as is |
| 5 |
below the level of mean high water springs and "non-tidal work" means so |
| |
much of any such work as is above that level. |
| |
(5) | 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 |
| 10 |
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. |
| |
9 | Paragraph 8(4) of Schedule 2 shall apply to any discharge of water under |
| 15 |
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. |
| |
10 (1) | Any dispute arising between the nominated undertaker and the Port |
| |
Authority under this Part shall be determined by arbitration if— |
| 20 |
(a) | the parties agree, or |
| |
(b) | 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 |
| |
| |
(2) | Any person appointed by the Secretary of State under sub-paragraph (1) |
| 25 |
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 |
| |
| |
| |
| |
|
