SCHEDULES
SCHEDULE 9PROTECTIVE PROVISIONS
PART 14FOR THE PROTECTION OF ASSOCIATED BRITISH PORTS
113
1
If—
a
during the construction of a tidal work or within 10 years after the completion of that work and wholly or partly in consequence of its construction; or
b
during the exercise of the powers to dredge conferred by this Order or within 10 years of the exercise of those powers and wholly or partly in consequence of the exercise of those powers,
there is caused or created an accumulation or erosion, the undertaker, if so requested by AB Ports acting reasonably, must remedy such accumulation or erosion to the extent attributable to such construction or exercise of such powers in the manner specified in sub-paragraph (3) and, if the undertaker refuses or fails so to do, AB Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.
2
If any accumulation or erosion in consequence of such construction or exercise of the powers to dredge arises within such period of 10 years and is remedied in accordance with sub-paragraph (3), any recurrence of such accumulation or erosion must from time to time be so remedied by the undertaker during that period of 10 years and at any time afterwards.
3
For the purposes of sub-paragraphs (1) and (2) above—
a
in the case of an accumulation, the remedy is to be its removal; and
b
in the case of erosion, the remedy is to be the carrying out of such reconstruction works,
and other protective works or measures as may be necessary.
4
In the event that surveys, inspections, tests and sampling carried out under paragraph 15 of Part 1 of this Schedule establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a tidal work or the exercise of the powers to dredge, the undertaker is liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction or exercise.
5
For the purposes of sub-paragraph (1) above the date of completion of a work is the date on which it is brought into use.