For protection of Colchester Port Authority and river users
28. For the protection of the Colchester Port Authority and users of the river the following provisions shall, unless otherwise agreed in writing between the Rivers Authority and the Colchester Port Authority, apply and have effect:–
(1) In this Article, except where the context otherwise requires–
“controlled access” means access on the terms that a person to whom access is afforded shall comply with any requirements which may be notified to him for the purposes of ensuring that there is no interference with safe and proper working at the barrier or at any other tidal work;
“functions” includes powers and duties;
“plans” means outline design and construction drawings and such specifications and other appropriate documents (including so far as is reasonably practicable a programme of the times at which it is intended that significant operations will be carried out) as may be reasonably necessary to give the Colchester Port Authority an understanding of the Rivers Authority’s intentions in connection with construc tional operations which will or may have a significant effect on the flow or regime of the river and on navigation in the river.
(2) Not later than twenty-eight days before–
(i)starting to carry out any tidal work; or
(ii)exercising any of the powers of Article 16 of this Order,
the Rivers Authority shall submit to the Colchester Port Authority plans of the proposed work and such further particulars thereof as may be available to the Rivers Authority and as the Colchester Port Authority may reasonably require and, in carrying out such works or in exercising such powers, the Rivers Authority shall comply with all reasonable modifications and conditions (not involving alteration to the basic design of any tidal work), including the carrying out of works by the Rivers Authority at their own expense, as may be specified by the Colchester Port Authority for the protection of the flow or regime of the river and of traffic in the river:
Provided that any such modifications or conditions as aforesaid shall be notified by the Colchester Port Authority to the Rivers Authority within twenty-eight days of the receipt by the Colchester Port Authority of the plans or particulars to which such modifications or conditions relate.
(3) For the purpose of securing that the flow or regime of the river and traffic in the river shall not be interfered with more than is reasonably necessary tidal works shall be maintained to the reasonable satisfaction of the Colchester Port Authority.
(4) The Rivers Authority shall, upon completion of any part of a tidal work, remove as soon as is practicable any temporary works and materials for temporary works carried out or placed only for the purposes of that part of the tidal work, and shall make good the site thereof to the reasonable satisfaction of the Colchester Port Authority.
(5) The Rivers Authority shall at all reasonable times, upon receipt on each occasion of not less than forty-eight hours' written notice, afford to any duly authorised representative of the Colchester Port Authority controlled access, without payment or charge, to the barrier or to any other tidal work for the purposes of inspection and survey in connection with the exercise of the functions of the Colchester Port Authority and shall provide reasonable facilities therefor.
(6) If it is reasonably necessary as a result directly or indirectly of a tidal work–
(a)to alter, remove, resite or reinstate any existing moorings; or
(b)to lay down and maintain or remove any new moorings; or
(c)to provide additional navigation aids or to relocate existing navigation aids,
the Colchester Port Authority may recover from the Rivers Authority the reasonable costs to the Colchester Port Authority of carrying out those operations.
(7) Any consent given by the Colchester Port Authority under this Order and any conditions attached to that consent shall have effect also as a consent or conditions attached thereto (as the case may be) given by the Colchester Port Authority under section 112 of the Land Drainage Act 1976.
(8) Any question or difference arising between the Rivers Authority and the Colchester Port Authority under this Article, other than a question or difference to which the provisions of the Land Compensation Act 1961(1), the Act of 1965 or the Land Compensation Act 1973(2), apply or as to the meaning or construction of this Article, may be referred by either of the parties (after giving notice in writing to the other of them) for determination by the Ministers and their decision shall be final.