The Barking Barrage Order 1995

Removal of projections

39.—(1) In this article “projection” means anything which projects over the upstream river or any footpath adjoining the upstream river and includes stairs and any tree, bush or other plant but does not include any such things authorised by or under statute or by a works licence under section 66 of the Act of 1968 to be placed or constructed.

(2) If any projection is a danger to the navigation of the upstream river or to persons using any footpath adjoining the same, the Borough may remove it and recover the expenses of removal from the owner or occupier of the land on which the projection was situated.

(3) The above-mentioned powers shall not be exercisable (subject to article 40) if—

(a) it is within the powers of the Port Authority to deal with such projection and the Port Authority decide to do so; and

(b) the Borough, having given not less than one month’s notice to the Port Authority, is informed by the Port Authority within that time that it intends to act and it does act within a reasonable time thereafter.

(4) If any projection is an obstruction or inconvenience to the navigation of the upstream river, but not a danger thereto, the Borough may by notice require the owner or occupier of the land on which the projection is situated to remove the projection within such time, not being less than 7 days, as may be specified in the notice.