The Sealink, (Transfer of Newhaven Harbour) Harbour Revision Order 1991

Licensing of works.

20.—(1) The Company may upon such terms and conditions as it thinks fit grant to any person a licence to construct, alter, renew or extend any works in the transferred harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as constructed, altered, renewed or extended.

(2) Application for a works licence shall be made in writing to the Company and shall—

(a) to be accompanied by plans, sections and particulars of the works to which the application relates;

(b) specify whether the applicants holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted; and, in granting a licence, the Company may require modifications in the plans, sections and particulars so submitted.

(3) The Company may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or diferent classes of cases.

(4) (a) On receipt of an application for a works licence the Company shall serve on the National Rivers Authority a copy of the application and all plans, sections and particulars incident thereto;

(b) The Company shall consider such observations as the National Rivers Authority may submit to the Company within six weeks after service on the National Rivers Authority of the application and particulars as aforesaid, and shall not grant a works licence before the expiry of that period;

(c) In granting any works licence in response to such an application the Company shall impose on the applicant such terms and conditions as give effect to such reasonable requirements to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired, as the National Rivers Authority may, within the said period, make in any observations to the Company;

(d) The provisions of subparagraph (c) are subject to the Company’s duty under article 22(5) of this Order to give effect to any decision or requirement given or made by the Secretary of State under article 22(4) of this Order.

(5) Where the Company refuses to grant a works licence which has been applied for it shall give reasons in writing for its refusal.

(6) Where the Company grants a works licence upon terms or conditions or requires any modifications in the plans and particulars, it shall give reasons in writing for the terms and conditions imposed or the modifications required.

(7) If within three months from the receipt of the application under paragraph (2) above the Company does not grant a works licence it shall be deemed to have refused the application.

(8) Articles 13 to 17 of this Order shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Company as respects tidal works.

(9) In the carrying out of operations in puruance of a works licence, the holder of the licence shall not—

(a) interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;

without consent of the statutory undertaker concerned.