SCHEDULES

SCHEDULE 5 The Navigation Area

Part III Miscellaneous

Protection of statutory undertakers

21

1

The provisions of this paragraph shall apply unless provision to the contrary is made by agreement in writing between the Authority and the statutory undertaker in question.

2

The power conferred on the Authority by paragraph 1 above—

a

shall not apply in relation to any works of a statutory undertaker; and

b

shall not be exercised so as to damage, adversely affect or obstruct access to any such works.

3

The power conferred on the Authority by paragraph 2 above to dredge and dispose of dredged material shall not be exercised—

a

within fifteen metres of any works of the British Railways Board without the Board’s approval of the work which the Authority proposes to carry out;

b

within fifty metres of any works of any other statutory undertaker without reasonable prior notice; or

c

so as to damage or adversely affect any works of a statutory undertaker.

4

Before granting a works licence authorising a person to carry out any work within fifty metres of any works of a statutory undertaker, the Authority shall—

a

notify the undertaker of the proposed work; and

b

furnish it with such further information in relation to the proposed work as it may reasonably require.

5

Where notice has been given to a statutory undertaker under sub-paragraph (4) above, the Authority shall, on granting the licence in question, give a copy of it to the undertaker.

6

The power conferred by any such licence shall not be exercised so as to damage, adversely affect or obstruct access to any works of a statutory undertaker.

7

Before exercising its power under paragraph 12 above to raise, remove or destroy any vessel which is within 150 metres of any works of a statutory undertaker, the Authority shall give the undertaker reasonable notice of its intention to do so.

8

Sub-paragraph (7) above shall not apply in any case which is (in the opinion of the Authority) an emergency.

9

Any dispute between the Authority and a statutory undertaker as to the application of any provision made by this paragraph shall be determined by a person appointed for the purpose—

a

by agreement between the Authority and the statutory undertaker; or

b

failing such agreement, by the Secretary of State.