The Great Yarmouth Third River Crossing Development Consent Order 2020

Removal of vessels E+W+S

24.—(1) If it appears to the undertaker necessary or convenient to do so for the purposes of the construction or maintenance of the authorised development, or to enable vessels to navigate through the river Yare, it may by written direction require the GYPA to remove from the river Yare any vessel that is—

(a) sunk, stranded or abandoned; or

(b) moored or laid up (whether lawfully or not),

to another place within Great Yarmouth Port where it may without injury to the vessel be moored or laid.

(2) The GYPA must comply with a direction issued by the undertaker under paragraph (1) within such period as is specified in the notice.

(3) Before exercising the powers conferred by paragraph (1), the undertaker must, except in case of emergency—

(a) publish a notice of its intention to do so in Lloyd's List and once in each of 2 successive weeks in a local newspaper published or circulating in the borough of Great Yarmouth;

(b) display notice thereof in a conspicuous position adjacent to the vessel from the date on which the first notice is published in a local newspaper in accordance with sub-paragraph (a) for a period of at least 7 days from the date on which the second notice is published in a local newspaper in accordance with sub-paragraph (a); and

(c) consult the harbour master.

(4) Each notice published or displayed under paragraph (3) must—

(a) specify the vessel and the part of the river Yare to which the notice relates;

(b) state the reason for the undertaker's intention to require the GYPA to remove the specified vessel from the specified part of the river Yare;

(c) specify a date, which must be a date not earlier than one month after the last date on which a notice is published under paragraph (3) by which the specified vessels must be removed from the specified part of the river Yare specified in the notice;

(d) state that if the owner or master of any vessel of the specified description within the specified part of the river Yare does not remove that vessel on or before the date specified in accordance with sub-paragraph (c), the undertaker may direct the GYPA to remove the vessel; and

(e) summarise the effect of paragraph (6) of this article.

(5) The undertaker must pay to the GYPA all costs and expenses reasonably incurred by the GYPA in discharging its duties under this article.

(6) Subject to paragraph (7), the undertaker may recover as a debt from the owner of any vessel removed under this article all costs and expenses incurred by the undertaker in respect of the removal of the vessel, including sums paid to the GYPA under paragraph (5).

(7) Paragraph (6) does not apply where a vessel has been removed without notice in case of emergency.

(8) The undertaker and GYPA may enter into agreements relating to the manner in which the powers of this article are to be exercised.

(9) In this article “emergency” has the meaning assigned to it by article 23(11).

Commencement Information

I1 Art. 24 in force at 15.10.2020, see art. 1