The Portsmouth Mile End Quay Harbour Revision Order 1991

Power to Dredge etc

12.—(1) The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.

(2) Without prejudice to the generality of paragraph (1) of this Article, the Council may exercise the powers of that paragraph so as to ensure a depth of 7 metres below admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.

(3) All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this Article shall be the property of the Council and they may use the same, or any part thereof, or they may sell, or otherwise dispose of or remove or deposit the same, as they think fit:

Provided that no such materials shall be laid down or deposited in any place below the level of high water–

(a) otherwise than in such a position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State; and

(b) without the consent in writing of the Queen’s Harbour Master having been first obtained.

(4) The powers of the Council under this Article shall be exercisable subject to the provisions of Article 26 (Crown Rights) and Article 27 (Saving rights of Queen’s Harbour Master) of this Order and in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions, including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this Article or in respect of any place below the level of high water upon which materials may be deposited, as may be fixed by the Crown Estate Commissioners.