The undertakers shall not construct the harbour, dock, or pier, or any part thereof, or any works connected therewith, on any part of the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith, where and so far up the same as the tide flows and reflows, without the previous consent of her Majesty to be signified in writing under the hands of two of the [F1Crown Estate Commissioners], and of the Admiralty, to be signified in writing . . . F2, and then only according to such plan and under such restrictions and regulations as the said [F1Crown Estate Commissioners] and the Admiralty approve of, such approval being signified as last aforesaid; and where any such work shall have been constructed with such consent as aforesaid, the undertakers shall not at any time alter or extend the same, without obtaining previously to making any such alteration or extension, the like consents or approvals; and if any such work shall be commenced or completed without such consent and approval, the said [F1Crown Estate Commissioners], or the Admiralty, may abate and remove the same, and restore the site thereof to its former condition, at the costs of the undertakers, and the amount of such costs shall be a debt due to the crown, and recoverable against the undertakers accordingly: Provided always, that if the conservancy of the navigable river shall legally belong to any person, the like consent and approval of such person shall also be necessary, in addition to the consents and approvals herein-before required; and if the right of property of or in the shore shall legally belong to any person, such right shall not be prejudiced, except so far as power to purchase the same shall be given by the special Act.
Textual Amendments
F1Words substituted by virtue of Crown Lands Act 1851 (c. 42), s. 1, Crown Lands Act 1885 (c. 79), s. 2, Forestry (Transfer of Woods) Act 1923 (c. 21), s. 4, S.R. & O. 1924/1370 (Rev. V, p. 443: 1924, p. 228), s. 2, Crown Estate Act 1956 (c. 73), s. 1 and Crown Estate Act 1961 (c. 55), s. 1
F2Words repealed by S.I. 1965/145, Sch. 2
Modifications etc. (not altering text)
C1Unreliable marginal note
C2Functions of Admiralty under s.12 now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 5, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.I. 1965/145, arts. 2,3, Sch. 1, and 1970/1537, art. 2(1)