The Cowes Harbour Revision Order 1989

Licensing of works

5.—(1) The Commissioners may, upon such terms and conditions as they think fit, grant to any person, subject to article 9 of this Order, a licence to construct, alter, renew or extend works in the harbour under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as constructed, altered, renewed or extended.

(2) Application for a works licence shall be made in writing to the Commissioners and shall—

(a) be accompanied by such plans, sections and particulars of the works to which the application relates as the Commissioners may reasonably require; and

(b) specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted;and, in granting a licence, the Commissioners may require modifications in the plans, sections and particulars so submitted.

(3) The Commissioners may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or classes of case.

(4) If within three months from the receipt of the application under paragraph (2) above the Commissioners do not grant a works licence, they shall be deemed to have refused the application.

(5) Sections 66 to 71 of the 1897 Act (which contain various requirements with respect to works) shall apply in relation to works authorised by a works licence as they apply in relation to works authorised by that Act.

(6) In the carrying out of operations in pursuance of a licence under this article, the holder of the licence shall not—

(a) interfere with, damage or otherwise injuriously affect—

(i) any submarine cable placed or maintained by the operator of a telecommunications code system or the Southern Electricity Board;

(ii) any water main, sewer or sewage outfall pipe placed or maintained by the National Rivers Authority, any water undertaker or any sewerage undertaker; or

(iii) any gas work; or

(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such cable, main, work, sewer or outfall pipe;without the consent of the person or body concerned.