Article 53 Licensing of works
The Authority may upon such terms and conditions as it thinks fit grant to any person a licence to construct, maintain, alter, renew or extend any works in the port on, under, in or over tidal waters or land below the level of high water, notwithstanding that the works as constructed, maintained, altered, renewed, or extended interfere with the public right of navigation or any other public right.
The Authority may include provisions within any works licence detailing the terms and conditions under which the licence may be transferred.
An application for a works licence must be made in writing to the Authority and must—
be accompanied by plans, sections and particulars of the works to which the application relates;
specify whether the applicant holds such rights in or over land as are necessary to enable the applicant to enjoy the benefits of the licence and, if not, the action taken to enable the applicant to obtain such rights if the licence is granted.
The Authority may require modifications in the plans, sections and particulars submitted under paragraph (3) before granting a licence under this article.
The Authority may require an applicant for a works licence to pay a reasonable fee in respect of the Authority’s administrative expenses of dealing with the application.
As a condition of the granting of a licence, the Authority may require the holder of the licence, being an applicant to whom a licence has been granted or the applicant’s successor, where works are to be carried out in accordance with the licence, to pay such reasonable fees in respect of the Authority’s administrative expenses and overheads in supervising or inspecting where necessary the carrying out or maintenance of the works.
Where the Authority refuses to grant a works licence under this article, it must give reasons in writing for its refusal.
Where the Authority grants a works licence upon terms and conditions or requires any modification in the plans, sections and particulars, it must give reasons in writing for the terms and conditions imposed or the modifications required.
Except as otherwise agreed with the applicant, if within 16 weeks from the receipt of the application under paragraph (3) the Authority does not grant a works licence, the application is deemed to have been refused.
When carrying out operations pursuant to a works licence, the holder of the licence must not without the consent of the statutory undertaker concerned—
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus.