# The Humber Sea Terminal (Phase III) Harbour Revision Order 2006, Paragraph 5


(1) If, during the construction of a specified work of within 10 years after the completion of such work, there is caused or created an accumulation or erosion or alteration of the tidal flow or littoral drift which in whole or in part in reasonably attributable to that work, the Company shall, if so required by the Agency before or within the period of 10 years after such completion and to the extent that it is so attributable, remedy such accumulation, erosion, alteration of tidal flow or littoral drift, in the manner specified in sub-paragraph (3) and, if it refuses or fails to do so, the Agency may itself cause such remedy to be carried out and may recover the reasonable cost of doing so from the Company.
(2) If any accumulation or erosion or alternation of the tidal flow or littoral drift arise in consequence of such construction within the said period of 10 years and be required to be remedied in accordance with sub-paragraph (1), any continuation or recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift 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 of alteration of the tidal flow or littoral drift, a period of 10 years elapses without any further accumulation or erosion or alteration of the tidal flow or littoral drift.
(3) For the purposes of sub-paragraphs (1) and (2)
(a) in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
(b) in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and/or other protective works or measures as may be reasonably required by the Agency.
(4) To the extent that the Company establishes by surveys, inspections, tests or sampling and without unreasonably delaying the execution of any remedial action required under sub-paragraph (2) that such accumulation or erosion or alteration of tidal flow or littoral drift would have been caused in any event by factors other than the construction of a specified work the Company shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.

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Source: https://www.legislation.gov.uk/uksi/2006/2604/schedule/1/part/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/humber-sea-terminal-phase-iii-harbour-revision-order-2006/schedule-1/part-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.