The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

Article 39

SCHEDULE 13 FOR PROTECTION OF THE ENVIRONMENT AGENCY

1.  The following provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Environment Agency, have effect.

2.  Before applying for any consent under section 109 of the Water Resources Act 1991(1) in respect of the Royal Albert and Victoria Docks Cut, DLRL shall undertake a condition survey of the existing culvert within the limits of deviation and shall provide the Environment Agency with a copy of the report of that survey contemporaneously with the application for consent.

3.  In carrying out any works under the powers conferred by this Order along the River Thames, Bow Creek, Pontoon Dock, Royal Albert Dock or King George V Dock, DLRL shall do nothing to affect the tidal defences.

4.  In carrying out the authorised works, DLRL shall—

(a) maintain vehicular and pedestrian access to and egress from the Thames Barrier along the Barrier Access Road or provide a reasonably suitable alternative for Environment Agency employees, their vehicles and security vehicles employed in connection with the Thames Barrier;

(b) maintain reasonable access to and egress from the open channel section of the Royal Victoria Docks Cut between Dock Road and the outfall culvert.

5.  If, in an emergency relating to the Thames Barrier or the Barking Barrier and its associated gates, the Environment Agency notifies DLRL that it requires the use of the Barrier Access Road for emergency vehicles and plant and DLRL is at that time undertaking works that cause an obstruction to the Barrier Access Road, DLRL shall immediately upon receipt of such notice take such steps as may be reasonably necessary to ensure the removal of the obstruction, including if necessary the temporary suspension of so much of the authorised works as is causing the obstruction.

6.  So much of Work No.1 as crosses the Barrier Access Road or any carriageways at the North Woolwich Roundabout which need to be used to access the Barrier Access Road shall be constructed with a minimum clearance of 5.3 metres to the underside of the permanent viaduct structure and so that no supporting pillar intrudes into the carriageway so as to cause any restriction on access or egress or to the turning arrangements at the junction with Woolwich North Road.

7.  DLRL may relocate the turning bay on the Barrier Access Road within the limits of deviation so far as this is necessary to ensure that the authorised works do not prevent an adequate turning bay remaining continuously available during and after the construction of the works.

8.  Subject to paragraphs 4 to 7 above, DLRL will not acquire from the Environment Agency under the powers conferred by this Order any rights or interests in the Barrier Access Road and adjacent land beyond those that are reasonably required for or in connection with the construction and operation of the authorised works, including for the avoidance of doubt the airspace occupied by and above the viaduct forming part of Work No.1, associated pillars and rights to protect the safe and efficient operation and use of the authorised works and access for the maintenance of those works.

9.  Before carrying out under the powers of this Order—

(a) any part of the authorised works on or within 8 metres of the banks of any watercourse or within 16 metres in the case of a watercourse which is tidal (including the tidal docks);

(b) the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991; or

(c) the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in or through any land within the limits of deviation or the further limits,

DLRL shall supply to the Environment Agency for its approval proper and sufficient plans of its proposals (including, where appropriate, plans for mitigating any adverse effects) and shall not carry out any such operation or work otherwise than in accordance with such plans as are approved.

10.  The approval of plans supplied under paragraph 9 above shall not be unreasonably withheld and if, within 2 months of such plans being supplied to the Environment Agency, the Environment Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.

11.  For the purposes of paragraph 9 above, “banks” has the meaning given by section 72 of the Land Drainage Act 1991(2) and “plans” includes sections, drawings, specifications, calculations and descriptions.

12.  Any culvert or any structure designed to contain or divert the flow of any watercourse being a culvert or structure situated within any land within the limits of deviation for the scheduled works, whether constructed under the powers conferred by this Order or in existence prior to the making of this Order, shall be maintained by DLRL in good repair and condition and free from obstruction.

13.  Nothing in paragraph 12 above shall have the effect of requiring DLRL to carry out works of maintenance in respect of any culvert or structure which the Environment Agency or another person is liable to maintain.

14.  If any operation or work is carried out in contravention of this Schedule DLRL shall upon receiving notice from the Environment Agency take such action as may be necessary to remedy the effect of the contravention to the Environment Agency’s reasonable satisfaction and in default the Environment Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker as a debt due from it to the Environment Agency.

(1)

1991 c. 57.

(2)

1991 c. 59.