Article 22 Sedimentation – protective action

If in the opinion of the Scottish Ministers any of the works (including dredging) during construction gives rise to sedimentation or scouring, detrimental to traffic in, or the flow or regime of the Forth, then the Scottish Minister may by notice in writing require the Company at the Company’s own expense to comply with the remedial requirements specified in the notice.

The requirements that may be specified in a notice given under paragraph (1) are such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation or scouring, so far as required by the needs of traffic in, or the flow or regime of, the Forth.

If the Company does not comply with the notice under paragraph (1) or is unable to do so, then the Scottish Ministers may in writing require the Company to take such action as the Scottish Ministers may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.