# The Lancaster Port Commission Harbour Revision Order 1994, Article 9: Licensing of works


(1) The Commissioners may, upon such terms and conditions as they think fit, grant to any person, subject to article 23 of this Order, a licence to construct, alter, renew or extend works in the port under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as constructed, altered, renewed or extended.
(2) Application for a works licence shall be made in writing to the Commissioners and shall
(a) be accompanied by such plans, sections and particulars of the works to which the application relates as the Commissioners may reasonably require; and
(b) specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted; and, in granting a licence, the Commissioners may require modifications in the plans, sections and particulars so submitted.
(3) The Commissioners may require an applicant for a works licence, on making his application, to pay a reasonable charge in respect of the administrative expenses of dealing with the application; and different charges may be required to be paid in relation to different cases or classes of case.
(4) (a) On receipt of an application for a works licence the Commissioners shall serve on the National Rivers Authority a copy of the application and all plans, sections and particulars incidental thereto.
(b) The Commissioners shall consider such observations as the National Rivers Authority may submit to the Commissioners within six weeks after service on the National Rivers Authority of the application and particulars as aforesaid, and shall not grant a works licence before the expiry of that period.
(c) In granting any works licence in response to such an application the Commissioners shall impose on the applicant such terms and conditions as give effect to such reasonable requirements to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired, as the National Rivers Authority may, within the said period, make in any observations to the Commissioners.
(d) The provisions of sub-paragraph (c) above are subject to the Commissioners' duty under article 11(5) of this Order to give effect to any decision or requirement given or made by the Secretary of State under article 11(4) of this Order.
(5) Where the Commissioners refuse to grant a works licence which has been applied for they shall give reasons in writing for the refusal.
(6) Where the Commissioners grant a works licence upon terms or conditions or require any modifications in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
(7) If within three months from the receipt of the application under paragraph (2) above the Commissioners do not grant a works licence, they shall be deemed to have refused the application.
(8) Articles 18 to 23 of the 1967 Order (provisions to be complied with in the case of tidal works) apply in relation to works authorised by a works licence as they apply in relation to works authorised by that Order.
(9) In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not
(a) interfere with, damage or otherwise injuriously affect
(i) any apparatus belonging to or maintained by a statutory undertaker; or
(ii) the existing 18 inch and 12 inch water mains belonging to Imperial Chemical Industries plc (or their successors in title) which are laid across the bed of the River Lune; or
(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus or main; without the consent of the person or body concerned.

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Source: https://www.legislation.gov.uk/uksi/1994/1647/article/9 (the official version)
Page: https://openlegislation.uk/lancaster-port-commission-harbour-revision-order-1994/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.