PART 4OPERATIONAL PROVISIONS

Restrictions on other works in the river Thames52

1

For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed—

a

in Regions 1, 3 and 4 (subject to paragraph (2))—

i

any dredging below the lines shown on the river restrictions section;

ii

the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

iii

any piling activities; or

iv

any designation of any anchorage; and

b

in Region 2—

i

any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

ii

any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

2

In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL's consent under paragraph (1).

3

A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

4

Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73 M1 (licensing of dredging, etc) of that Act—

a

in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

b

within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

5

Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

6

If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

7

If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

8

After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

9

TfL must—

a

designate—

i

the person to whom notice should be given under paragraph (2); and

ii

the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

b

give the PLA written notification of any such designation.

10

For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan—

Point reference

Easting

Northing

Region 1

1

539864.6015

180232.1903

2

539847.9342

180191.5763

3

539824.5778

180151.609

4

539803.7353

180122.9387

34

539861.0333

180050.4348

35

539866.7186

180056.4268

36

539902.0684

180100.2796

37

539929.491

180145.2861

Region 2

5

539795.0307

180110.7227

6

539763.774

180079.5465

7

539726.8623

180046.611

8

539693.5971

180012.3733

9

539661.4484

179985.9174

10

539660.3067

179984.9779

26

539715.2125

179913.7872

27

539721.437

179922.604

28

539734.3574

179934.3838

29

539747.3322

179946.2132

30

539760.2525

179957.6318

31

539789.1704

179980.5417

32

539828.1578

180015.7859

33

539850.7088

180039.5534

Region 3

11

539648.3561

179975.9124

12

539614.2705

179951.6187

13

539610.4355

179951.6816

14

539592.3566

179937.4617

15

539578.0493

179928.2188

16

539571.9822

179924.3817

17

539568.9903

179922.7014

18

539559.0454

179917.192

19

539550.5843

179913.8412

20

539548.9716

179914.0205

21

539541.4966

179912.8632

22

539604.3438

179829.269

23

539673.1334

179877.5185

24

539704.0919

179903.7208

Region 4 north

4

539803.7353

180122.9387

5

539795.0307

180110.7227

33

539850.7088

180039.5534

34

539861.0333

180050.4348

Region 4 south

10

539660.3067

179984.9779

11

539648.3561

179975.9124

24

539704.0919

179903.7208

25

539714.0652

179912.162

26

539715.2125

179913.7872

11

In this article—

  • “new part of the river Thames” means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

  • “the river restrictions section” means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

  • “the river restrictions plan” means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

  • “the river Thames” means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

12

Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).