Article 28 Restriction of works and dredging

(1)

Subject to paragraph (4), no person other than the Commissioners may, on, under, in or over tidal waters or land below the level of high water in the harbour—

(a)

construct, maintain, retain, alter, renew or extend any works, except in accordance with a works licence granted under article 30 (licensing of works);

(b)

dredge, except in accordance with a dredging licence granted under article 31 (licence to dredge).

(2)

The Commissioners may serve a notice on any person who contravenes this article to remove, abate, or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site to its former condition.

(3)

If a person served with a notice under paragraph (2) fails to comply with the requirements of the notice, the Commissioners may carry out the works so required and may recover the costs incurred from that person.

(4)

Nothing in this article applies to any operations or works—

(a)

specifically authorised by any enactment;

(b)

of a statutory undertaker;

(c)

authorised by a moorings licence granted under article 10 of the 2012 Order (licensing of moorings).

(5)

Any person who without reasonable excuse contravenes this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.