The Port of Birkenhead Harbour Empowerment Order 1998

PART III WORKS

Power to construct works

5.—(1) Subject to the provisions of this Order, the Company may within in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described, with all necessary works and conveniences connected therewith—

Work No. 1

An approach bridge of reinforced concrete deck on tubular steel piles, with steel linkspan and floating pontoon providing berths and associated facilities for vessels, commencing at a point on the quay edge 112 metres south east of the south east corner of Wallasey Dock at a point at SJ 32781 89800, proceeding thence in an easterly direction for 144 metres and terminating at a point at SJ 32923 89777.

Work No. 2

A series of dolphins of reinforced concrete deck on tubular steel piles, with interlinking steel walkways, commencing at the termination of Work No. 1, proceeding thence in a northerly direction for 236 metres and terminating at a point at SJ 32862 90005.

Work No. 3

A series of dolphins of reinforced concrete deck on tubular steel piles, with interlinking steel walkways commencing at the termination of Work No. 1, proceeding thence in a southerly direction for 239 metres and terminating at a point at SJ 32984 89546.

(2) Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, alter, replace or relay the works and may maintain the same as reconstructed, altered, replaced or relaid.

Power to deviate

6.  In the construction of the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.

Subsidiary works

7.  Subject to the provisions of this Order, the Company may from time to time within the limits of deviation erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the works.

Period for completion of works

8.  If the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.

Power to dredge

9.—(1) Subject to article 25 of this Order, the Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995(1)), from time to time dredged by them.

(2) No materials so dredged, other than those dredged for the purpose of constructing the works, shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.

(3) The Company shall consult with MDHC before exercising the powers conferred on them by this article.

Obstruction of works

10.  Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Tidal works not to be executed without approval of Secretary of State

11.—(1) A tidal work shall not be constructed, reconstructed, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

(2) If a tidal work is constructed, reconstructed, altered, replaced or relaid in contravention of paragraph (1) above or of any condition or restriction imposed under the said paragraph —

(a) the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition,

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.

Lights on tidal works during construction

12.—(1) The Company shall at or near a tidal work during the whole time of the construction, reconstruction, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State or MDHC or as, failing agreement between them, the Secretary of State shall from time to time direct.

(2) If the Company fail to comply in any respect with any direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Provision against danger to navigation

13.—(1) In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Trinity House and MDHC and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House or MDHC or as, failing agreement between them, Trinity House shall from time to time direct.

(2) If the Company fail to notify Trinity House and MDHC as required by paragraph (1) above or to comply with any requirement of a direction given under the said paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Abatement of works abandoned or decayed

14.—(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or MDHC may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State or MDHC or as, failing agreement between them, the Secretary of State thinks proper.

(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or MDHC may include that part of the work, or any portion thereof, in any notice under this article.

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State or MDHC may execute the works specified in the notice and any expenditure incurred by him or MDHC in so doing shall be recoverable from the Company.

Survey of tidal works

15.  If the Secretary of State or MDHC deems it expedient to do so, the Secretary of State or MDHC may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State or MDHC in any such survey and examination shall be recoverable from the Company.

Permanent lights on tidal works

16.—(1) After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House or MDHC or as, failing agreement between them, Trinity House may from time to time direct.

(2) If the Company fail to comply in any respect with a direction given under paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(1)

1995 c. 21, see section 255(1).