The Sealink (Transfer of Heysham Harbour) Harbour Revision Order 1991

Licensing of works

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

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

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

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

(3) The Company may require an applicant for a works licence, on makinghis application, to pay a reasonable fee in respect of theadministrative expenses of dealing with the application; and differentfees may be specified in relation to different cases or differentclasses of cases.

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

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

(c) In granting any works licence in response to such anapplication the Company shall impose on the applicant such terms andconditions as give effect to such reasonable requirements to preventpollution of any watercourse, to safeguard it against damage or tosecure that its efficiency for land drainage purposes is not impaired,as the National Rivers Authority may, within the said period, make inany observations to the Company.

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

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

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

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

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

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

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

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

without the consent of the statutory undertaker concerned.