Article 19 For protection of Environment AgencyI1

The following provisions shall apply for the protection of the Environment Agency (“the Agency”) unless otherwise agreed in writing between A. B. Ports and the Agency.

In this article “the specified work” means the connection of Work No. 4 with the existing shore.

Not less than 28 days before commencing construction of the specified work A. B. Ports shall submit to the Agency plans of that work for its consideration.

The specified work shall be constructed materially in accordance with the plan submitted under paragraph (2) subject to such modifications as may reasonably required by the Agency to secure that the efficiency of the existing harbour wall for flood defence purposes is not impaired.

In operating and maintaining the specified work and the area adjoining that work A.B. Ports shall secure that the Agency is able to obtain from time to time such access as it may reasonably require for the purpose of maintaining the flood defence capacity of the existing shore while not unreasonably interfering with the operation of the works by A. B. Ports.

Any difference arising between A.B. Ports and the Agency under this article shall be referred to and settled by a single arbitrator appointed by agreement between the parties, on a reference by either party after notice in writing to the other or, in default of agreement, by the President of the Institution of Civil Engineers.