The Boston Barrier Order 2017

Works and operations in the river

Power to dredge etc.

6.—(1) The Agency may deepen, dredge and remove obstructions from the bed, foreshore and banks of, the river—

(a) for the purposes of the construction, operation or maintenance of the scheduled works and any other ancillary purposes; or

(b) for the purpose of facilitating the navigation of vessels.

(2) The powers conferred by this article are only exercisable with the prior written consent of the Harbour Authority, such consent not to be unreasonably delayed or withheld.

(3) The Agency must pay compensation to all persons for any damage sustained by them by reason of the exercise by the Agency of its powers under paragraph (1) and the amount of the compensation to be paid, where not agreed, is to be determined by the tribunal.

(4) The Agency may use, appropriate or sell or otherwise dispose of anything (other than wreck within the meaning of Part 9 of the Merchant Shipping Act 1995(1)) removed in exercise of the powers conferred in paragraph (1).

Works and dredging etc. in the river

7.—(1) Without affecting the other powers conferred by this Order or otherwise available to it, the Agency may within the river area for the purposes of or in connection with the construction, maintenance or operation of the authorised works and despite any interference with any public or private rights—

(a) alter, clean, dismantle, refurbish, remove, relocate or replace any work or structure;

(b) carry out excavations and clearance, dredging, deepening, scouring, cleansing, dumping and pumping operations;

(c) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995) obtained by it in carrying out any such operations;

(d) remove or relocate any mooring;

(e) direct the owner or master of any vessel or structure sunk, stranded or abandoned or moored or left (whether lawfully or not) to remove or relocate it and, if there be no person aboard any such vessel or structure to attend to such direction, to do so itself;

(f) temporarily moor or anchor vessels and structures and load and unload into and from such vessels or structures equipment, machinery, soil and any other materials in connection with the construction of the authorised works;

(g) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; and

(h) construct, place and maintain works and structures including piled fenders and protection piles,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2) Except in the case of an emergency, the Agency will use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers conferred by paragraph (1)(d) or (e) before the exercise of that power.

(3) All expenses incurred by the Agency in removing or relocating a vessel or structure under paragraph (1)(e) are to be paid to the Agency by the owner or master of the vessel or structure.

(4) A person may not without the consent in writing of the Agency (which may be given subject to conditions)—

(a) use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised works; or

(b) remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised works.

(5) A person who without reasonable excuse contravenes paragraph (4), or fails to comply with any conditions attached to a consent given by the Agency under that paragraph, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) The power to dredge conferred by paragraph (1)(b) includes the power to carry out such additional dredging as may be required to provide side slopes or otherwise secure the dredged area against siltation, scouring or collapse.

River not to be a reservoir

8.  Regardless of the provisions of section A1 of the Reservoirs Act 1975(2), no part of the river as is impounded by the scheduled works is, by virtue of the retention of water by means of the scheduled works, to be taken to be a reservoir for the purposes of that Act.

(1)

1995 c. 21.

(2)

1975 c. 23. Section A1 was inserted by section 33 of the Flood and Water Management Act 2010 (c. 29).