Paragraph 39 I1

This paragraph applies in relation to any protective work required by the Agency under this Part of this Schedule (“relevant protective work”).

Relevant protective works shall be taken to be works which fall within paragraph (ii) of the proviso to section 19 of the Harwich Harbour Act 1974^f1 (restrictions on works, dredgings and moorings) and, accordingly, to be exempt from the requirement to be licensed under section 20 of that Act (licensing of works).

Before imposing any requirement of a type referred to in paragraph 29(b)(ii) or 32(4), the Agency shall first consult in writing the Harwich Haven Authority (“the Authority”) who may comment in writing (with or without specifying objections) within 21 days of being consulted; and the Agency shall, within 7 days of receiving any such comments from the Authority, provide the Company with a copy of those comments.

Not less than 56 days before commencing the construction of any relevant protective work the Company or the Agency shall supply to the Authority plans of that work.

Whenever plans are submitted to the Authority under sub-paragraph (4) the Company or the Agency shall also submit such further particulars by way of clarification of what is proposed as the Authority may, within 21 days from the day on which the plans are submitted, reasonably require.

The Authority may approve plans submitted to it under sub-paragraph (4) or may disapprove them or approve them subject to conditions; and, if the Authority does not within 56 days of the submission to it of any plans under sub-paragraph (4) or the provision of any information required under sub-paragraph (5), as the case may be, notify the Agency and the Company in writing of its approval of those plans (conditionally or unconditionally), or its disapproval of those plans, the Authority shall be deemed to have approved the plans.

A relevant protective work shall not be constructed except in accordance with such plans as may have been approved (conditionally or unconditionally) by the Authority under this Part of this Schedule or deemed to have been approved in accordance with sub-paragraph (6) or settled as provided in paragraph 41.

The Company or the Agency shall give to the Authority not less than 28 days’ notice in writing of the commencement of any relevant protective work.

Plans of any relevant protective work which is a tidal work shall not be submitted by the Company to the Secretary of State for approval under section 11 (tidal works not to be executed without approval of Secretary of State) of the 1983 Act until plans of that work have been approved by the Authority or deemed to have been approved in accordance with sub-paragraph (6) or settled as provided in paragraph 41; and if, on the submission of plans to the Secretary of State, the Secretary of State requires the alteration of the plans of any work so approved or settled, the Company shall, not less than 28 days before commencing the work, notify the Authority and the Agency of the alteration.

Subject to sub-paragraph (9), if there is any inconsistency between the plans of any relevant protective work which is a tidal work approved or deemed to have been approved under this paragraph or settled as provided in paragraph 41 and the plans approved by the Secretary of State under section 11 of the 1983 Act, the relevant protective work in question shall be constructed in accordance with the plans approved by the Secretary of State.