Paragraph 12 I1

Any dispute arising between the Company and the Agency under this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly.

In the case of any conflict between any approval or consent given by the Agency pursuant to this Schedule and any condition or restriction imposed on any approval by the Secretary of State under article 10 (tidal works not to be executed without approval of Secretary of State), the terms of the approval of the Secretary of State shall prevail.