Paragraph 3 Tidal Works: approval of detailed designI1
England and Wales
Prior to the commencement of the authorised development in the marine environment the undertaker must submit to the Statutory Conservancy and Navigation Authority plans and sections of the tidal works or operation and such further particulars as the Statutory Conservancy and Navigation Authority may, within 28 days from the day on which plans and sections are submitted under this sub-paragraph, reasonably require.
Any approval of the Statutory Conservancy and Navigation Authority required under this paragraph shall be deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 28 days of the day on which the request for consent is submitted under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable requirements as the Statutory Conservancy and Navigation Authority may make for the protection of—
traffic in, or the flow or regime of, the river;
the use of its operational land or the river for the purposes of performing its functions; or
the performance of any of its functions connected with environmental protection.
Requirements made under sub-paragraph (2) may include conditions as to—
the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the tidal work; and
the expiry of the approval if the undertaker does not commence construction of the tidal work approved within a prescribed period.
Before making a decision on any such approval, the Statutory Conservancy and Navigation Authority must take into account any opinion on plans and sections provided to it by the Environment Agency.
Whenever the undertaker provides the Secretary of State with an environmental document it must at the same time send a copy to the Statutory Conservancy and Navigation Authority.
Annotations
Commencement
- I1
Sch. 4 para. 3 in force at 25.10.2024, see art. 1