Paragraph 59 Submission and approval of plans

(1)

Before beginning to construct any work authorised by this Order within the harbour limits of the Port of Boston, the undertaker must submit to the Harbour Authority plans of the intended work and any such further particulars as the Harbour Authority may reasonably require within 20 business days of the submission of the plans. The undertaker must state whether the works are specified works or not.

(2)

Any such specified work must not be constructed except in accordance with such plans and further particulars as may be approved in writing by the Harbour Authority.

(3)

Any approval of the Harbour Authority required under this paragraph—

(a)

must not be unreasonably withheld or delayed;

(b)

shall be deemed to be given if it is—

(i)

neither given nor refused; or

(ii)

refused without an indication of the grounds for refusal,

within 30 business days of the submission of the plans or where further particulars are submitted under sub-paragraph (1), within 20 business days of the submission of those further particulars; and

(c)

may be given subject to such reasonable requirements or conditions as the Harbour Authority may make for the safety of navigation, including the protection for anchoring and dredging activities that may be carried on in the area of the specified works.

(4)

The Harbour Authority must not withhold approval required under this paragraph except on the ground that the specified work may impact the safety of navigation.

(5)

Any refusal under this paragraph must be accompanied by a statement of the grounds of refusal.

(6)

No approval is required by the Harbour Authority for work authorised by this Order other than specified work.