The Lancaster Port Commission Harbour Revision Order 1994

Control of certain operations and works of statutory undertakers

8.—(1) This article applies to any operations or works in the port of a statutory undertaker on, under or over tidal waters or tidal land below the level of high water in the port, not being operations or works which are specifically authorised by any enactment.

(2) Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Commissioners and has supplied the Commissioners with such particulars as they may reasonably require.

(3) Where, in an emergency, it is impracticable to give notice as required by paragraph 6(2) above, the statutory undertaker shall inform the Commissioners of the operations or works as soon as reasonably practicable.

(4) Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Commissioners to the statutory undertaker, being directions such as in the opinion of the Commissioners are necessary for the avoidance of danger and the prevention, so far as reasonably possible, of interference with navigation in the carrying out of such operations or works.

(5) Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.