Article 72 For protection of Redbridge
If it appears to Redbridge that wholly or partly on account of the construction or operation of the barrage or the exercise by the Borough of any rights and powers granted by this Order any part of the upstream river within Redbridge has silted up, Redbridge may serve on the Borough a notice in writing requesting the Borough to remove all or any part of the relevant siltation by dredging in accordance with article 7. On receipt of such notice the Borough may either undertake the necessary dredging or dispute the applicability or terms of the notice, in which case if the matter cannot be resolved it shall be referred to arbitration in accordance with article 80.
If the Borough disputes a notice served by Redbridge in accordance with paragraph (1) it shall give written notice of such dispute to Redbridge within 28 days of receipt of the notice from Redbridge. If the Borough does not dispute the notice in such manner within 28 days, the Borough shall apply for any necessary consents in accordance with this Order or other legislation or rule of law within 42 days of the receipt of the notice from Redbridge and shall undertake any necessary consultations within the same time. The Borough shall undertake the work within 56 days of its receipt of all necessary consents provided that if any such consent has not been obtained or includes unreasonable conditions the matter shall be referred to arbitration. Following an arbitrator’s ruling requiring the Borough to carry out any dredging, the Borough shall undertake such dredging within 56 days of such ruling. Any time limit indicated in this paragraph may be extended by agreement between the Borough and Redbridge.
If the Borough fails to carry out any dredging which is required by paragraph (2), Redbridge shall be entitled to arrange for the necessary dredging to be carried out and to recover the reasonable cost thereof from the Borough.
The Borough shall provide Redbridge with the results of any survey of the river undertaken by the Borough in accordance with this Order.
The powers in this article are subject to article 74.
The Borough shall be responsible for and make good to Redbridge all reasonable costs, charges, damages and expenses which may be caused, directly or indirectly to, or incurred by, Redbridge by reason of the construction or operation of the barrage or by reason of the exercise by the Borough of any of the rights and powers granted by this Order.
The Borough shall indemnify and hold Redbridge harmless from and against all claims arising out of or in connection with the construction or operation of the barrage or by reason of the exercise by the Borough of the rights and powers granted by this Order.
Redbridge shall give to the Borough reasonable notice of any such claim or demand referred to in paragraph (6)(b) and no settlement or compromise thereof shall be made without the prior consent of the Borough.
Any unresolved dispute which arises between the Borough and Redbridge in relation to this paragraph or its operation shall be determined by arbitration in accordance with the provisions of article 80.