The Barking Barrage Order 1995

Power to construct works and survey

3—(1) The Borough may construct and maintain the scheduled works.

(2) Subject to article 4, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.

(3) In addition to any surveys required or authorised under any other provision of this Order the Borough shall survey and monitor the river in accordance with a scheme established by the Borough following consultation with the Port Authority, the River Authority, the Crown Estate Commissioners, the London Borough of Newham, Redbridge, the Railway Undertaker, English Nature and Thames Water, provided that a copy of such scheme and of the results of any survey or monitoring undertaken in accordance with such scheme shall be sent to those consulted.

(4) The Borough may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely—

(a) works to install or alter the position of apparatus, including mains, sewers, drains and cables;

(b) works to alter the course of, otherwise interfere with, non-navigable rivers, streams or watercourses;

(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;

(d) works for the benefit or protection of premises affected by the scheduled works, and

(e) monitoring and surveying the river and works incidental thereto.

(5) Subject to paragraph (6), the Borough may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(6) Paragraph (5) shall only authorise the carrying out or maintenance of works outside the limits of deviation if the works are carried out on land specified in columns (1) and (2) of Schedule 2 for the purpose specified in relation to that land in column (3) of the Schedule.

(7) Subject to section 5 of the Telecommunications Act 1984(1), the Borough may install and maintain telecommunication apparatus and run telecommunications systems (such apparatus and systems having the meanings given by that Act, including the extended definition of telecommunication apparatus in Schedule 2 thereto) on or over land, whether or not a street, for the purpose of telecommunication or of electrical communication between any place and any part of the authorised works or between different parts of those works.

(8) The Borough may within the limits of deviation alter, replace or re-lay temporarily or permanently any of the authorised works.

(9) Section 109 of the Water Resources Act 1991(2) shall apply to the construction of the authorised works or the alteration thereof only as provided by Part VII.

(10) Any authorised works constructed in accordance with the provisions of and under the authority of this Order which require a licence under the provisions of section 66(1) of the Act of 1968 shall be deemed to be works licensed by section 66(1) of the Act of 1968.

(11) Section 76 of the Act of 1968 shall not apply to the construction of the authorised works.

(12) Any deepening, dredging, scouring, clearing, improving of the river and removing of obstructions or projections which would require a licence under the provisions of section 73 of the Act of 1968 shall be deemed to be so licensed if undertaken by the Borough in accordance with the provisions of and under the authority of this Order.

(13) Section 9 of the Salmon and Fresh Water Fisheries Act 1975(3) shall not apply to the construction of the authorised works or to the alteration thereof.

(14) (a) In this paragraph the “byelaws” means the Thames Water Land Drainage Byelaws 1981 or any re-enactment or amendment thereof and “byelaw” shall be interpreted accordingly and “operations” shall mean any dredging, clearance, scouring, digging or other works or operation.

(b) Any operations authorised by this Order which would require a licence under the provisions of the byelaws shall be deemed to have received the consent of the River Authority in accordance with those byelaws provided that whenever operations are proposed on the river which apart from byelaw 33 would require the River Authority’s consent under byelaw 6 the person intending such operations shall except in cases of emergency notify the River Authority at least 7 days before such operations of details of the operations concerned.

(1)

1984 c. 12.

(2)

1991 c. 57.

(3)

1975 c. 51.