The Great Yarmouth Third River Crossing Development Consent Order 2020

Temporary suspension of navigation in connection with the authorised development E+W+S

23.—(1) Notwithstanding anything in any other enactment or in any rule of law, the undertaker may in accordance with the provisions of this article temporarily close any part of the river Yare under paragraph (2) or (4) for the purposes of constructing, inspecting or maintaining the authorised development.

(2) For the purposes of constructing the authorised development the undertaker may, having first consulted the GYPA, close the entire width of the river Yare within the Order limits.

(3) The power conferred by paragraph (2) is to be exercised on no more than 3 occasions and the period of closure on each such occasion is not to exceed 72 hours.

(4) In addition to the closures authorised by paragraph (2), the undertaker may, with the consent of the GYPA—

(a) for the purposes of constructing the authorised development partially reduce the width of the river Yare within the Order limits; and

(b) for the purposes of inspecting or maintaining the authorised development—

(i) partially reduce the width of the river Yare within the Order limits; or

(ii) close the entire width of the river Yare within the Order limits in circumstances where there is no reasonable alternative.

(5) The consent of the GYPA under paragraph (4) must not be unreasonably withheld or delayed, and where granted may be given subject to reasonable conditions.

(6) In the application of paragraph (5) regard is to be had to—

(a) the urgency and importance of the activities or works in relation to which the closure is sought;

(b) the limitations of available materials or technology relevant to the activities or works;

(c) any danger or detriment to users of the river and highways which will or may result if the works or activities are not carried out as proposed;

(d) any potential consequences to the users of the river for business and recreational purposes;

(e) any potential material damage to the business of Great Yarmouth Port Company; and

(f) any other matter or factors which are material in all the circumstances.

(7) Before exercising the powers conferred by paragraphs (2) and (4) the undertaker must (except where exercising the power conferred by paragraph (4) in a case of emergency)—

(a) publish notice of the temporary closure in Lloyd's List and on a website maintained by the undertaker; and

(b) display notice of the temporary closure for the minimum period in a conspicuous position adjacent to the area of the closure from the date of the notice published under sub-paragraph (a) above.

(8) Following consultation with the GYPA under paragraph (2) or (as the case may be) the grant of the GYPA's consent under paragraph (4), the GYPA must as soon as practicable upon the undertaker's request issue a notice to mariners giving the commencement date and anticipated duration of the relevant temporary closure.

(9) Except in a case of emergency, the period between the publication of a notice required by paragraph (7)(a) and the commencement date of the closure to which it relates must not be less than the minimum period.

(10) Where the undertaker exercises the powers conferred by this article in a case of emergency, the undertaker must as soon as practicable display notice of the temporary closure in a conspicuous position adjacent to the area of the closure.

(11) In this article and in article 24 (removal of vessels) “emergency” means any circumstance existing or imminent which the undertaker considers is likely to cause danger to—

(a) any person or property, including the new bridge, any vessel and any person using, working on, or intending to use or work on the new bridge or aboard any vessel passing the new bridge; or

(b) the environment.

(12) In this article—

“Great Yarmouth Port Company” means Great Yarmouth Port Company Ltd (company number 05971330) of Maritime Centre, Port of Liverpool, Liverpool, L21 1LA;

“the minimum period” means—

(i)

21 days in the case of a closure of the entire width of the river Yare;

(ii)

14 days in the case of a partial reduction in the width of the river Yare.

Commencement Information

I1 Art. 23 in force at 15.10.2020, see art. 1