The Humber Sea Terminal (Phase III) Harbour Revision Order 2006

PART 4 MISCELLANEOUS AND GENERAL

Power to mortgage jetty premises

18.  The Company may mortgage, charge or otherwise encumber the jetty premises.

Disapplication of regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994

19.—(1) Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994(1) (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995(2) for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.

(2) Paragraph (1) does not apply if and to the extent that the works—

(a) do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and

(b) are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.

Crown rights

20.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)—

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

Saving for Trinity House

21.  None of the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

Protection of interests

22.—(1) The Schedule to this Order shall have effect for protecting the interests of the bodies specified in that Schedule (being bodies who may be affected by other provisions of this Order).

(2) Where under the Schedule to this Order any difference is to be determined by arbitration and a contrary intention is not elsewhere expressed, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or in default of agreement, to be appointed on the application of either party, after giving notice in writing to the other, by the President of the Institution of Civil Engineers.

Special exemptions

23.  Section 5 (Removal of obstructions) of the Humber Conservancy Act 1899(3) and section 6 (No erections in Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905(4) shall not apply to the works, and section 8 (Sand &c. not to be removed from bed or foreshore of River Humber without licence of Commissioners) of the latter Act shall not apply to the exercise by the Company of the powers of article 10 of this Order.

(1)

S.I. 1994/2716.

(2)

S.I. 1995/418.

(3)

1899 c. cci.

(4)

1905 c. clxxix.