{
  "url": "https://openlegislation.uk/humber-sea-terminal-phase-iii-harbour-revision-order-2006/schedule-1/part-1/paragraph-6",
  "json_url": "https://openlegislation.uk/humber-sea-terminal-phase-iii-harbour-revision-order-2006/schedule-1/part-1/paragraph-6.json",
  "legislation": "uksi/2006/2604",
  "legislation_title": "The Humber Sea Terminal (Phase III) Harbour Revision Order 2006",
  "legislation_url": "https://openlegislation.uk/humber-sea-terminal-phase-iii-harbour-revision-order-2006",
  "path": "schedule/1/part/1/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": null,
  "text": "(1) If—\n(a) during the construction of a tidal work or within 10 years after the completion of that work and wholly or partly in consequence of its construction or,\n(b) during the exercise of the powers conferred by article 10 of this Order or within 10 years thereafter and wholly or partly in consequence thereof\nthere is caused or created an accumulation or erosion, the Company, if so requested by A.B. Ports acting reasonably before or within the period of 19 years after such completion or exercise, shall remedy such accumulation or erosion to the extent attributable to such construction or exercise of powers in the manner specified in sub-paragraph (3) and, if it refuses or fails to do so, A.B. Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the Company.\n(2) If any accumulation or erosion in consequence of such construction or exercise of the powers conferred under article 10 arises within the said period of 10 years and is remedied in accordance with sub-paragraph (3), any recurrence of such accumulation or erosion shall from time to time be so remedied by the Company during the said period of 10 years and at any time thereafter, save that the Company’s obligation under this paragraph shall cease if, following the remedying of any accumulation or erosion, a period of 10 years elapses without any further accumulation or erosion being caused or created in consequence of such construction or exercise.\n(3) For the purposes of sub-paragraphs (1) and (2) above—\n(a) in the case of an accumulation, the remedy shall be its removal; and\n(b) in the case of erosion, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be necessary.\n(4) In the event that surveys, inspection, tests and sampling carried out pursuant to paragraph 8(1)(b) of this Part of this Schedule establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a tidal work or the exercise of the powers conferred by article 10, the Company shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction or exercise.\n(5) For the purposes of sub-paragraph (1) the date of completion of a work shall be the date on which it is brought into use.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2604/schedule/1/part/1/paragraph/6",
    "retrieved_at": "2026-10-29T04:20:06.690134+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."
}