The Newport (Isle of Wight) Harbour Revision Order 1988

Prospective

Power to construct, maintain and improve works U.K.

3.—(1) Subject to the provisions of this Order the Council may take such steps from time to time as they may consider necessary for the improvement, regulation, maintenance, management, marking or lighting of the harbour and the facilities afforded therein or in connection therewith.

(2) For those purposes, but without prejudice to the generality of the foregoing, the Council may—

(a) construct, demolish, reconstruct, maintain, alter, improve, enlarge or extend embankments, walls, footways, approaches, steps, landing places, pontoons, piers, quays, jetties, slips, wharves, groynes, cills, locks, sea defences, buoys, navigation marks, cranes, lights, beacons, roads, parking places for vehicles, sewers, drains, watercourses, gas and water pipes, apparatus for electric light and power, warehouses, offices, sheds, marina facilities and other works and facilities which may be found necessary to secure the purposes of this Order including the accommodation of vessels, vehicles or other traffic or for the protection of the harbour;

(b) improve, regulate, maintain, manage, mark and light the harbour and, subject to the provisions of this Order, provide facilities therein;

(c) dredge any portion of the harbour to any extent necessary for the accommodation of vessels and traffic;

(d) do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.

(3) No materials taken up or collected in exercise of the powers of this article shall be deposited below the level of high water except in such position as the Secretary of State may approve, and subject to such conditions or restrictions as he may impose.

(4) (a)  Before executing any works under this article affecting any apparatus the Council shall submit to the authority sufficient plans of the proposed works for their reasonable approval and shall not commence the works until such plans have been approved in writing by the Authority or, if not so approved, until they have been settled by arbitration: Provided that if within 28 days after such plans have been submitted to the Authority, they shall not have intimated their disapproval thereof and the grounds of the disapproval they shall be deemed to have approved them.

(b) The Council shall execute such works in accordance with such plans as may be submitted to and approved by the Authority or, if such approval be refused, as may be settled by arbitration and all such works shall be executed to the reasonable satisfaction of the Authority and the Council shall at all times afford to a representative of the Authority access for the purpose of inspecting such works.

(c) The Council shall give reasonable notice to the Authority of the time at which such works are intended to be executed and shall comply with such reasonable conditions as the Authority may require.

(d) Any difference which may arise between the Council and the Authority under this paragraph shall be determined by an arbitrator to be agreed upon between the parties or failing agreement, appointed on the application of either party, after notice in writing to the other of them, by the President of the Institution of Civil Engineers.

(e) In this paragraph— “apparatus” means works, mains, pipes and other apparatus belonging to or maintained by the Authority for the purposes of any of their functions including apparatus maintained by the Council on behalf of the Authority under Section 15 of the Water Act 1973(1); “the Authority” means the Southern Water Authority; and “plans” includes sections and particulars.

Commencement Information

I1 Art. 3 in force at 12.12.1988

(1)

1973 c. 37.