# The Montrose Harbour Revision Order 1991, Article 12: Licence to dredge


(1) The Authority may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the Harbour.
(2) Application for a dredging licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence, and in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.
(3) Paragraphs (3), (4), (5) and (6) of article 11 of this Order shall apply in relation to a dredging licence as they apply in relation to a works licence.
(4) Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit:
Provided that–
(i) no such material shall be laid down or deposited in any place below the level of high water except in such positions as may be approved by the Authority and subject to such conditions as may be imposed by the Authority;
(ii) if it appears to the holder of the dredging licence that the Authority has unreasonably withheld their approval under paragraph (i) of this proviso or that any condition imposed by the Authority under that paragraph is unreasonable, he may appeal to the Secretary of State whose decision shall be binding upon the parties.
(5) The grant of a dredging licence shall not confer statutory authority for the carrying out of the operations covered by the licence.
(6) Paragraph (8) of article 11 of this Order shall apply in relation to the carrying out of operations in pursuance of a dredging licence as it applies in relation to the carrying out of operations in pursuance of a works licence.

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Source: https://www.legislation.gov.uk/uksi/1991/1745/article/12 (the official version)
Page: https://openlegislation.uk/montrose-harbour-revision-order-1991/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.