The Cowes Harbour Revision Order 1989

Restriction of works and dredging

4.—(1) Subject to paragraph (4) below, no person other than the Commissioners shall—

(a) construct, alter, renew or extend any works; or

(b) dredge;on, under or over tidal waters or tidal land below the level of high water in the harbour unless he is licensed to do so, in the case of works by a works licence and in the case of dredging by a dredging licence, or except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 5 or, as the case may be, article 6 of this Order.

(2) The Commissioners may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates, and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Commissioners may carry out the work so required and recover from him the cost of so doing.

(3) Nothing in this article shall apply to any activity specifically authorised under any enactment.

(4) Subject to paragraphs (5) to (7) below, this article shall not affect—

(a) the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system;

(b) the carrying out of any operations by the National Rivers Authority, any water undertaker or any sewerage undertaker in the exercise of their functions under the Public Health Act 1936(1), the Water Resources Act 1963(2), the Water Act 1973(3), the Land Drainage Act 1976(4) or the Water Act 1989(5);

(c) the construction, alteration, renewal or extension by the gas undertakers of any gas work from time to time authorised under or by virtue of any enactment or any consent, wayleave or other instrument given or made under any enactment;

(d) the carrying out of any work or dredging which, although not authorised as mentioned in sub-paragraph (c) above, is necessary in case of emergency for the protection of or to ensure the efficient operation of any gas work.

(5) Where any undertakers mentioned in paragraph (6) below intend to carry out any operations or works in the harbour they shall give reasonable notice of their intention to the Commissioners (unless, in an emergency, it is impracticable to do so) and shall supply the Commissioners with such particulars of the operations or works as the Commissioners may reasonably require.

(6) The undertakers referred to in paragraph (5) above are—

(a) The National Rivers Authority, any water undertaker and any sewerage undertaker; and

(b) any gas undertakers.

(7) Any activity to which paragraph (4) above relates shall be carried out subject to any directions which may from time to time be given by the Commissioners to the person or body concerned, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works, and, in the case of works carried out in an emergency, subject to the giving of information thereof to the Commissioners by the person or body concerned without delay.

(8) Any person who contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In any proceedings for an offence under paragraph (8) above it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(10) If in any case the defence provided by paragraph (9) above involves the allegation that the commission of the offence was due to an act or default of another person, the person charged shall not, without the leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that person as was then in his possession.

(1)

1936 c. 49.

(2)

1963 c. 38.

(3)

1973 c. 37.

(4)

1976 c. 70.

(5)

1989 c. 15.