|
| |
| |
or to its satisfaction, or in accordance with a determination under paragraph |
| |
11, shall not (in the absence of negligence on the part of the Board, its |
| |
officers, servants, contractors or agents) relieve the nominated undertaker |
| |
from any liability under the provisions of this Part. |
| |
11 (1) | Any dispute arising between the nominated undertaker and the Board |
| 5 |
under this Part of this Schedule shall be determined by arbitration if— |
| |
(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 appropriate |
| |
| 10 |
(2) | Any person appointed by the appropriate Ministers under sub-paragraph |
| |
(1) shall, in determining any dispute arising under this Part, have regard to |
| |
such matters as may be specified by the appropriate Ministers on making |
| |
| |
(3) | In this paragraph, the reference to the appropriate Ministers is to the |
| 15 |
Secretary of State for Transport and the Secretary of State for Environment, |
| |
Food and Rural Affairs acting jointly. |
| |
| |
Protection of Port of London Authority |
| |
1 (1) | The following provisions of this Part shall, unless otherwise agreed in |
| 20 |
writing between the nominated undertaker and the Port Authority, have |
| |
effect for the protection of the Port Authority and the users of the river. |
| |
| |
“the 1968 Act” means the Port of London Act 1968 (c.xxxii); |
| |
“construction” includes execution, placing, altering, replacing, relaying |
| 25 |
and removal and, in its application to works which include or |
| |
comprise any operation, means the carrying out of that operation; |
| |
“operations” includes temporary works and operations authorised by |
| |
paragraph 10 of Schedule 2; |
| |
“plans” includes sections, drawings, specifications and method |
| 30 |
| |
“the Port Authority” means the Port of London Authority; |
| |
“the river means the waters within the limits of the port of London as |
| |
described in Schedule 1 to the 1968 Act; |
| |
“specified work” means so much of any permanent or temporary work |
| 35 |
authorised by this Act (which includes, for the avoidance of doubt, |
| |
any removal of gravel or other material, any dredging or similar |
| |
work and any geotechnical investigations that may be undertaken) |
| |
as is on, in, under or over— |
| |
(a) | the surface of land below the level of mean high water |
| 40 |
springs forming part of the river; or |
| |
(b) | any other land owned, occupied or used by the Port |
| |
Authority for operational purposes. |
| |
2 (1) | Before beginning any operations for the construction of any specified work, |
| |
the nominated undertaker shall submit to the Port Authority plans of the |
| 45 |
work and such further particulars available to it as the Port Authority may |
| |
within 14 days of the submission of the plans reasonably require. |
| |
| |
| |
|
| |
| |
(2) | Any specified work shall not be constructed except in accordance with such |
| |
plans as may be approved in writing by the Port Authority or determined |
| |
| |
(3) | Any approval of the Port Authority required under this paragraph shall not |
| |
be unreasonably withheld and— |
| 5 |
(a) | shall be deemed to be given if it is neither given nor refused (with an |
| |
indication of the grounds for refusal) within 28 days of the |
| |
submission of the plans or where further particulars are submitted |
| |
under paragraph 2(1), within 28 days of the submission of those |
| |
| 10 |
(b) | may be given subject to such reasonable requirements as the Port |
| |
Authority may make for the protection of— |
| |
(i) | navigation in, or the flow or regime of, the river; or |
| |
(ii) | the use of its land for the purposes of performing its statutory |
| |
| 15 |
(4) | The requirement for approval under this paragraph does not constitute any |
| |
specified work a work subject to any of the controls in Part 5 of the 1968 Act. |
| |
3 | The nominated undertaker shall carry out all operations for the construction |
| |
of any specified work with all reasonable despatch to the reasonable |
| |
satisfaction of the Port Authority so that navigation in, or the flow or regime |
| 20 |
of, the river and the exercise of the Port Authority's statutory functions shall |
| |
not suffer more interference than is reasonably practicable and the Port |
| |
Authority shall be entitled by its officer at all reasonable times, on giving |
| |
such notice as may be reasonable in the circumstances, to inspect and survey |
| |
| 25 |
4 (1) | The nominated undertaker shall not, without the consent of the Port |
| |
| |
(a) | deposit in, or allow to fall or be washed into, the river any gravel, soil |
| |
or other material in suspension or otherwise; |
| |
(b) | discharge or allow to escape into the river any offensive or injurious |
| 30 |
matter in suspension or otherwise, or oil; or |
| |
(c) | notwithstanding anything in paragraph 8 of Schedule 2, discharge |
| |
any water directly or indirectly into the river. |
| |
(2) | Any consent of the Port Authority under this paragraph shall not be |
| |
unreasonably withheld and— |
| 35 |
(a) | shall be deemed to have been given if it is neither given nor refused |
| |
within 28 days of the submission of the request for it; and |
| |
(b) | may be given subject to such reasonable requirements as the Port |
| |
Authority may make for the protection of navigation in, or the flow |
| |
| 40 |
(3) | In its application to the discharge of water into the river, paragraph 8(5) of |
| |
Schedule 2 shall have effect subject to the terms of any conditions attached |
| |
to a consent given under this paragraph. |
| |
(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 |
| 45 |
polluting controlled waters). |
| |
5 (1) | If any pile, stump or other object becomes exposed in the course of |
| |
constructing any specified work (other than a pile, stump or other object on |
| |
| |
| |
|
| |
| |
the site of any permanent work), such that it has or is likely to have any |
| |
adverse effect on navigation in, or flow or regime of, the river, the |
| |
nominated undertaker shall notify the Port Authority and 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 |
| 5 |
reasonably practicable to remove it, cut it off at such level below the bed of |
| |
the river as the Port Authority may reasonably direct. |
| |
(2) | If the nominated undertaker fails to remove from the river or cut off any |
| |
such pile, stump or other object within 28 days after receipt of written notice |
| |
from the Port Authority requiring the removal or cutting off, the Port |
| 10 |
Authority may carry out the removal or cutting off and recover their costs |
| |
from the nominated undertaker. |
| |
| |
(a) | by reason of the construction of any specified work it is reasonably |
| |
necessary for the Port Authority to incur costs in altering, removing, |
| 15 |
resiting or reinstating existing moorings, 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 |
| 20 |
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 |
| 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 |
| 30 |
buoys and take such other steps for preventing danger to navigation as the |
| |
Port Authority may from time to time reasonably require. |
| |
8 (1) | If any tidal work 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 |
| 35 |
Authority reasonably requires) to restore the site to its former condition. |
| |
(2) | If any tidal work is in such condition that it is, or is likely to become, a danger |
| |
to or to interfere with navigation in or the regime of, the river, the Port |
| |
Authority may by notice in writing require the nominated undertaker to |
| |
take such reasonable steps as may be specified in the notice— |
| 40 |
(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 |
| |
such extent as the Port Authority reasonably requires) to restore the |
| |
site to its former condition. |
| |
| 45 |
(a) | a work which consists of a tidal work and a non-tidal work is |
| |
abandoned or falls into decay; and |
| |
(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 this paragraph “tidal work” means so much of any specified work or any |
| |
other work of which the nominated undertaker is in possession under the |
| |
powers of this Act as is below the level of mean high water springs and “non- |
| 5 |
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 |
| |
make reasonably expeditious progress towards their implementation, the |
| 10 |
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 |
| |
paragraph 8(1) of that Schedule in connection with the construction or |
| 15 |
maintenance of a specified work notwithstanding that the part of the river |
| |
affected by the discharge is not a main river. |
| |
10 | The exercise of the powers of this Act to navigate or moor barges, or other |
| |
vessels or craft within the river shall be subject to such directions as the |
| |
harbour master of the Port Authority may make from time to time under |
| 20 |
section 112 of the 1968 Act. |
| |
11 (1) | The nominated undertaker shall indemnify the Port Authority from all |
| |
claims, demands, proceedings or damages, which may be made or given |
| |
against, or recovered from the Port Authority by reason of any damage to |
| |
the bed or banks of the river which is caused by the construction of any |
| 25 |
specified work or protective work or any act or omission of the nominated |
| |
undertaker, its contractors, agents or employees whilst engaged upon the |
| |
work and from any costs reasonably incurred in making good such damage. |
| |
(2) | The Port Authority shall give to the nominated undertaker reasonable notice |
| |
of any such claim or demand and no settlement or compromise of any such |
| 30 |
claim or demand shall be made without the consent of the nominated |
| |
undertaker which, if it notifies the Port Authority that it desires to do so, |
| |
shall have the sole conduct of any settlement or compromise or of any |
| |
proceedings necessary to resist the claim or demand. |
| |
12 | Nothing in paragraph 11 shall impose any liability on the nominated |
| 35 |
undertaker with respect to any damage to the extent that it is attributable to |
| |
the act, neglect or default of the Port Authority, its officers, servants, |
| |
contractors or agents but the fact that any work or thing has been executed |
| |
or done in accordance with a plan approved or deemed to be approved by |
| |
the Port Authority, or to its satisfaction, or in accordance with a |
| 40 |
determination under paragraph 13, shall not (in the absence of negligence on |
| |
the part of the Port Authority, its officers, servants, contractors or agents) |
| |
relieve the nominated undertaker from any liability under the provisions of |
| |
| |
13 (1) | Any dispute arising between the nominated undertaker and the Port |
| 45 |
Authority under this Part shall be determined by arbitration if— |
| |
(a) | the parties agree, or |
| |
(b) | the dispute relates to the amount of any sum payable under this Part, |
| |
| |
| |
