Article 9 Additional powers within tidal waters and tidal land

(1)

Without prejudice to the other powers conferred by this Order or otherwise available to it, the Council may within so much of the Order limits as lies within tidal waters or tidal land below the level of mean high water springs, for the purposes of or in connection with the construction of the authorised works and notwithstanding any interference thereby with any public or private rights—

(a)

carry out excavations and clearance, dredging, deepening, dumping and pumping operations;

(b)

use, appropriate and dispose of any materials (including liquids but excluding any wreck within the meaning of Part IX of the Merchant Shipping Act 1995^f1) obtained by it in carrying out any such operations;

(c)

remove or relocate any moorings;

(d)

remove and relocate any vessel or structure sunk, stranded or abandoned or moored or left (whether lawfully or not);

(e)

temporarily moor or anchor vessels and structures;

(f)

temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of the harbour;

(g)

construct, place, maintain and remove temporary works and structures,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2)

Except in the case of emergency, the Council will use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers of paragraph (1)(c) or (d) before the exercise of that power.

Annotations

Footnotes

f1: 1995 c. 21.