The Margate Pier and Harbour Revision Order 1992

For protection of Southern Water Services Limited

38.  For the protection of Southern Water Services Limited (in this article referred to as “the Water Services Company”) the following provisions shall, unless otherwise agreed in writing between the Company and the Water Services Company apply and have effect:—

(1) In this article—

“the outfalls” means the surface water outfall known as the Tivoli outfall extending seaward from Marine Drive at National Grid Reference TR 3518 7084 or thereabouts and the foul sewer overflow outfall extending seaward from The Parade at National Grid Reference TR 3530 7107 or thereabouts, including any alteration, replacement or renewal of either of those outfalls, and “outfall” means either of the outfalls;

“plans”, in relation to any specified work, means plans, drawings, sections and specifications describing the position and manner in which, and the level at which, the work is proposed to be carried out;

“specified work” means any of the works carried out within 15 metres of either of the outfalls:

(2) Not less than 56 days before commencing the construction of any specified work the Company shall submit to the Water Services Company for their approval plans for the work and such further particulars as the Water Services Company may, within 28 days of the submission of the plans, reasonably require:

(3) The Water Services Company’s approval of plans submitted under paragraph (2) above shall not be unreasonably withheld; and if within 56 days after the submission of the plans the Water Services Company have not approved or disapproved them, they shall be deemed to have approved them:

(4) The Company shall give to the Water Services Company not less than 14 days' notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out works of maintenance of a specified work:

(5) In carrying out any specified work the Company shall comply with all reasonable requirements of the Water Services Company of which due notice is given to them, and shall provide new, altered or substituted works or works for the protection of the outfalls in such manner as the Water Services Company shall reasonably require to safeguard the outfalls against damage or to secure that their efficiency for drainage purposes is not impaired by reason of the specified work:

(6) All works for the provision of new, altered or substituted works or protective works in pursuance of paragraph (5) above shall be carried out to the reasonable satisfaction of the Water Services Company and where so required by the Water Services Company, by or under the supervision (if given) of an officer of the Water Services Company duly appointed for the purpose; and all reasonable costs and expenses to which the Water Services Company may be put by reason of such works whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs or in such supervision, or otherwise, shall be payable to the Water Services Company by the Company:

(7) When works for the provision of any such new, altered or substituted works or protective works in pursuance of paragraph (5) above have been completed they shall be maintainable by the Water Services Company:

(8) If by reason of the carrying out of a specified work, or the failure of a specified work, either outfall is damaged or the efficiency of an outfall for drainage purposes is impaired, the damage shall be made good by the Company to the reasonable satisfaction of the Water Services Company or, failing that, the Water Services Company may make good the damage and recover from the Company costs reasonably incurred in so doing.

(9) (a) The Company shall indemnify the Water Services Company against all claims, demands, costs, expenses, damages or loss which may be made on or against the Water Services Company or which the Water Services Company may incur or which they may sustain in consequence of any damage of, or interference with, an outfall which may be caused by the construction of a specified work, or of the failure or want of maintenance of such a work, or any subsidence caused by the construction of any specified work or any act or omission of the Company, their contractors, agents, workmen or servants, while engaged upon the specified work.

(b) The Water Services Company shall give to the Company reasonable notice of any claim or demand and no settlement or compromise shall be made without the agreement in writing of the Company.

(c) Nothing in this paragraph shall impose any liability on the Company with respect to any claim, demand, costs, expenses, damage or loss which is attributable to the act, neglect or default of the Water Services Company or their servants or agents.

(10) An officer of the Water Services Company duly appointed for the purpose may at all reasonable times enter upon and inspect any specified work:

(11) Any difference arising between the Company and the Water Services Company under this article shall be determined by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.