Paragraph 119 I1

England, Wales and Scotland

(1)

Unless agreed otherwise in writing between the undertaker and the Oil and Pipelines Agency, the provisions of this Part of this Schedule will apply.

(2)

This paragraph applies if any part of the river at, or adjacent to, the Oil and Pipelines Agency’s facility on the river becomes subject to sedimentation, scouring, currents or wave action which—

(a)

is, during the period beginning with the commencement of the construction of a tidal work and ending with the expiration of 10 years after the date on which all the tidal works constructed under this Order are completed, wholly or partly caused by a tidal work; and

(b)

for the safety of navigation or for the protection of the Oil and Pipelines Agency’s facility on the river, should in the reasonable opinion of the Oil and Pipelines Agency be prevented, mitigated or made good.

(3)

The undertaker must either—

(a)

pay to the Oil and Pipelines Agency any additional expense to which the Oil and Pipelines Agency may reasonably be put in preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the river at, or adjacent to, the Oil and Pipelines Agency’s facility so far as (in any case) it is attributable to the tidal work; or

(b)

carry out the necessary dredging at its own expense and subject to the prior approval of the Oil and Pipelines Agency, such prior approval not to be unreasonably withheld or delayed,

and the reasonable expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Oil and Pipelines Agency in carrying out surveys or studies in connection with the implementation of this paragraph.

Annotations

Commencement

I1: Sch. 9 para. 119 in force at 29.10.2014, see Introductory Text