Article 6 Power to secure sufficient waterway and sell dredged, etc. materialsI1
Northern Ireland
The Company may deepen, dredge, scour or excavate, or blast any rock in, any part of the port or the approaches thereto to the extent necessary to secure a sufficient waterway for vessels using the port or approaching or leaving the same.
The Company shall not deposit any materials in a place below the level of high water except—
with the consent of, and subject to any conditions imposed by, the Crown Estate Commissioners; and
in such places and subject to such conditions as the Secretary of State concerned with navigation and the Department may determine.
In the exercise of the powers under this Article the Company shall not—
interfere with or damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus,
without the consent of the statutory undertaker concerned.
For the purposes of this Article “statutory undertaker” means any person including a Government Department or district council authorised by any statutory provision to carry on any railway, dock, harbour, gas, water, or other public undertaking, any licensee under Article 10(1) (licences authorising supply, etc.) of the Electricity (Northern Ireland) Order 1992f1 or an operator of F1an electronic communications code network within the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003 .
Annotations
Textual amendments
- F1
Words in art. 6(4) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 20(2)