The Portsmouth (Tall Ships Berths) Harbour Revision Order 2000

Power to dredge etc.

12.—(1) The City Council may with the consent of the Queen’s Harbour Master, and subject to the provisions of paragraphs (3) and (4) below, 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 for the accommodation of vessels thereat.

(2) Without prejudice to the generality of paragraph (1) above, the City Council may exercise the powers of that paragraph so as to ensure a depth of 5 metres below Admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.

(3) All maintenance dredging works shall be carried out in accordance with any sustainable dredging regime applicable to the Special Protection Area from time to time.

(4) Any power to dredge under this Order which is reasonably likely to have a significant effect on the Special Protection Area shall be subject to the consent of the Secretary of State.

(5) Subject to paragraph (6) below, all chalk, gravel, rock and other materials dredged up or removed by the City Council in the exercise of the powers of this article shall be the property of the City 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.

(6) No such materials shall be laid down or deposited in contravention of the provisions of any enactment as respects the disposal of waste; or 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 specified by the Secretary of State; and

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

(7) The powers of the City Council under this article shall be exercisable subject to the provisions of articles 23 (Crown rights) and 24 (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 City 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 City 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.