{
  "url": "https://openlegislation.uk/cory-decarbonisation-project-order-2025/schedule-12/paragraph-67",
  "json_url": "https://openlegislation.uk/cory-decarbonisation-project-order-2025/schedule-12/paragraph-67.json",
  "legislation": "uksi/2025/1227",
  "legislation_title": "The Cory Decarbonisation Project Order 2025",
  "legislation_url": "https://openlegislation.uk/cory-decarbonisation-project-order-2025",
  "path": "schedule/12/paragraph/67",
  "kind": "paragraph",
  "number": "67",
  "heading": "Sedimentation, etc. remedial action",
  "text": "(1) This paragraph applies if any part of the river Thames has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river Thames which—\n(a) is wholly or partly caused by a specified work or the carrying out of a specified function during the period beginning with the commencement of construction of the work or function and (subject to sub-paragraph (4)) ending with the expiration of six years after the date of completion of all the specified works comprised in the authorised development; and\n(b) for the safety of navigation or for the protection of any works in the river Thames, should in the reasonable opinion of the PLA be removed or made good.\n(2) Subject to sub-paragraph (3) the undertaker must either—\n(a) pay to the PLA any additional expense to which the PLA may reasonably be put in dredging the river Thames to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to either or both the specified work and the specified function; or\n(b) carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the PLA which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed;\nand the expenses payable by the undertaker under this sub-paragraph include any additional expenses accrued or incurred by the PLA in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph.\n(3) If it is established that the sedimentation, scouring or other changes in the flow or regime of the river was partly caused by a specified work or a specified function and partly by another factor, the undertaker’s liability under sub-paragraph (2) is apportioned accordingly.\n(4) At any time before the expiry of the period of six years after the date of completion of Work No. 4 (“the completion date”) the PLA may serve notice on the undertaker stating that in the opinion of the PLA the river Thames or any part of it may, after the expiry of that period, become subject to sedimentation, scouring or other changes in its flow or regime wholly or partly caused by a specified work or specified function. Any such notice must specify—\n(a) the additional period (not exceeding 10 years after the completion date) during which the provisions of sub-paragraphs (1) and (2) ought to apply; and\n(b) the PLA’s reasons for reaching that opinion.\n(5) On receipt of any such notice the undertaker may serve a counter-notice within 30 business days beginning on the day the notice was received, such notice to include details of the undertaker’s objection to the PLA’s notice or any conditions it may wish to impose on compliance by the undertaker with the PLA’s notice.\n(6) In the event that the PLA and the undertaker cannot agree the matters raised in the PLA’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice, either party may refer the matter to arbitration under paragraph 78.\n(7) If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the PLA and the undertaker or determined pursuant to sub-paragraph (6), then the provisions of sub-paragraphs (1) and (2) will apply during such additional period as is specified in the PLA’s notice or as may be so agreed or determined.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 67 in force at 27.11.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1227/schedule/12/paragraph/67",
    "retrieved_at": "2026-10-28T21:09:19.424447+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}