The Silvertown Tunnel Order 2018

PART 3 E+W+S PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application” E+W+S

13.  In this Part, “ application” means a submission by the licence holder for approval of a construction method statement under condition 5 or a marine pollution contingency plan under condition 6.

Further information regarding application E+W+S

14.—(1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the application.

(2) If the MMO does not make a request under sub-paragraph (1) within 20 business days of the day immediately following that on which the application is received by the MMO, it is deemed to have sufficient information to consider the application and is not entitled to request further information after this date without the prior agreement of the licence holder.

Determination of application E+W+S

15.—(1) In determining the application the MMO may have regard to—

(a) the application and any supporting information or documentation;

(b) any further information provided by the licence holder in accordance with paragraph 14; and

(c) such other matters as the MMO thinks relevant.

(2) Having considered the application the MMO must—

(a) grant the application unconditionally;

(b) grant the application subject to the conditions as the MMO thinks fit; or

(c) refuse the application.

Notice of determination E+W+S

16.—(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the licence holder of the determination of the application within 30 business days of the day immediately following that on which the application is received by the MMO.

(2) Where the MMO has made a request under condition 14, the MMO must give notice to the licence holder of the determination of the application no later than 30 business days of the day immediately following that on which the further information is received by the MMO.

(3) The MMO and the licence holder may agree in writing a longer period of time for the provision by the MMO of a notice under sub-paragraph (1) such period to be no more than 60 days from the day immediately following that on which the application is received.

(4) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

(5) Where notice is not given by the MMO in accordance with sub-paragraph (1) or (2) the application is deemed to have been refused.

Arbitration E+W+S

17.—(1) Subject to condition 16(2), any difference under any provision of this licence must , unless otherwise agreed between the MMO and the licence holder, be referred to and settled by a single arbitrator to be agreed between the MMO and the licence holder or, failing agreement, to be appointed on the application of either the MMO or the licence holder (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

(2) Nothing in condition 16(1) or 16(2) is to be taken, or to operate so as to, fetter or prejudice the statutory rights, powers, discretions or responsibilities of the MMO.