77.—(1) The following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between LUL and the MMO.E+W+S
(2) In this Part of this Schedule—
“the MMO” means the Marine Management Organisation;
“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;
“plans” includes sections, drawings, specifications and method statements;
“specified work” means so much of any authorised work as is—
a licensable marine activity under section 66 (licensable marine activities) of the 2009 Act;
not exempt from requiring a marine licence by virtue of an order made under section 74 (exemptions specified by order) of the 2009 Act; and
over, in, on, or under that part of the UK marine area that is within the river area; and
“UK marine area” has the definition given to it in section 42 (UK marine area) of the 2009 Act.
Commencement Information
I1Sch. 8 para. 77 in force at 15.12.2014, see art. 1
78.—(1) Before beginning to construct or carry out any specified work, LUL must submit to the MMO plans of the specified work and such further particulars available to LUL as the MMO may within 28 days of the submission of the plans reasonably require.E+W+S
(2) Any specified work must not be constructed or carried out except in accordance with such plans as may be approved in writing by the MMO, or determined under paragraph 85.
(3) Any approval of the MMO required under this paragraph—
(a)must not be unreasonably withheld;
(b)must be given or refused within 3 months of the specified day, and in the case of a refusal, will be accompanied by a statement of the grounds of refusal; and
(c)may be given subject to such reasonable requirements as the MMO may make for the protection of the cleanliness, safety, productivity and biological diversity of the River Thames or otherwise in the discharge of the MMO’s statutory duties.
(4) The MMO must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).
(5) In this paragraph, “the specified day” means, in relation to any specified work—
(a)the day on which plans of that work are submitted to the MMO under sub-paragraph (1); or
(b)the day on which LUL provides the MMO with all further particulars of the specified work that have been requested by the MMO under that sub-paragraph,
whichever is the later.
Commencement Information
I2Sch. 8 para. 78 in force at 15.12.2014, see art. 1
79. Without limitation on the scope of paragraph 78, the requirements which the MMO may make under that paragraph include conditions in relation to any specified work as to—E+W+S
(a)the method or manner in which it is carried out;
(b)the times of year at which it may be carried out;
(c)the handling (other than disposal) of dredged material; and
(d)appropriate and proportionate mitigation measures to minimise any adverse impacts on the marine environment, marine biota (in particular, migratory fish species) and archaeological and heritage assets.
Commencement Information
I3Sch. 8 para. 79 in force at 15.12.2014, see art. 1
80. Where any specified work involves dredging, the plans submitted under paragraph 78(1) must include the results of laboratory testing of the material to be dredged. This testing must be undertaken by a laboratory which is accredited to the standard required by the MMO and the tests undertaken must be to the standard accepted by the MMO.E+W+S
Commencement Information
I4Sch. 8 para. 80 in force at 15.12.2014, see art. 1
81.—(1) Subject to sub-paragraph (2), any specified work must be constructed or carried out—E+W+S
(a)in accordance with the plans approved in writing by the MMO or determined under this Part of this Schedule; and
(b)to the reasonable satisfaction of the MMO.
(2) LUL must give to the MMO not less than 14 days’ notice in writing of LUL’s intention to commence construction or the carrying out of any specified work and LUL must also give to the MMO notice in writing of the completion of the work not later than 7 days after the date on which the work is completed.
Commencement Information
I5Sch. 8 para. 81 in force at 15.12.2014, see art. 1
82. Where there is any actual or potential conflict between any requirements imposed by the Environment Agency under Part 3 of this Schedule and any requirement made by the MMO under paragraph 78, the MMO must liaise with the Environment Agency in order to seek expeditiously to remove that actual or potential conflict but if it persists, then the requirement of the MMO may be referred for determination under paragraph 85.E+W+S
Commencement Information
I6Sch. 8 para. 82 in force at 15.12.2014, see art. 1
83. Where there is any actual or potential conflict between any terms and conditions imposed by the Port of London Authority under Part 6 of this Schedule and any requirement made by the MMO under paragraph 78, the MMO must liaise with the Port of London Authority in order to seek expeditiously to remove that actual or potential conflict but if it persists, then the requirement of the MMO may be referred for determination under paragraph 85.E+W+S
Commencement Information
I7Sch. 8 para. 83 in force at 15.12.2014, see art. 1
84. LUL must indemnify the MMO in respect of all costs, charges and expenses which the MMO may reasonably incur or have to pay or which it may sustain—E+W+S
(a)for any sediment analyses and testing including the interpretation of the results;
(b)in the examination or approval of plans under this Part of this Schedule; and
(c)in the inspection of the construction of the specified works under sections 246 (power to board and inspect vessels and marine installations) to 248 (power to enter and inspect vehicles) of the 2009 Act.
Commencement Information
I8Sch. 8 para. 84 in force at 15.12.2014, see art. 1
85. Any dispute arising between LUL and the MMO under this Part of this Schedule is to be determined by arbitration under article 48 (arbitration) if the parties agree, but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by LUL or the MMO, after giving notice in writing by one to the other.E+W+S
Commencement Information
I9Sch. 8 para. 85 in force at 15.12.2014, see art. 1