(1)No person shall place a length of pipe-line above or beneath the surface of waters over which a harbour authority have jurisdiction except with the consent of the authority and subject to such (if any) reasonable conditions as they may impose for securing that the length does not constitute an obstruction or danger to navigation.
(2)Consent, for the purposes of this section, of a harbour authority shall not be unreasonably withheld, and if a dispute arises—
(a)whether consent, for those purposes, of such an authority is unreasonably withheld, or
(b)whether conditions imposed under this section by such an authority are reasonable,
it shall be referred to and determined by [F1the Secretary of State].
(3)A person who contravenes subsection (1) of this section shall be liable, on summary conviction, to a fine not exceeding [F2level 3 on the standard scale].
(4)In this section “harbour authority” has the same meaning as in [F3section 151 of the Merchant ShippingAct1995].
Textual Amendments
F1Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 6
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F3Words in s. 39(4) substituted (1.1.1996) by virtue of 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 32 (with s. 312(1))
Modifications etc. (not altering text)
C1S. 39(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 39(2): certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)