Paragraph 93 Accumulation and dredging in River TaweI1
England and Wales
If during the construction of a tidal work or after the completion of that work and wholly or partly in consequence of its construction or presence there is caused or created an accumulation in that section of the River Tawe between the entrance to King’s Dock and the Sail Bridge the undertaker, if so requested by the City and County of Swansea Council acting reasonably, shall remedy such accumulation or erosion to the extent attributable to such construction or presence and, if it refuses or fails to do so, or if the City and County of Swansea Council so elects, that council may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.
For the purposes of sub-paragraph (1), in the case of any accumulation, the remedy shall be its removal.
In the event that such accumulation would have been caused in any event by the factors other than the construction of a tidal work, the undertaker shall be liable to remedy such accumulation only to the extent that the same is attributable to such construction.
Nothing in this paragraph removes the need for a marine licence under Part 4 of the 2009 Act.
Annotations
Commencement
- I1
Sch. 8 para. 93 in force at 30.6.2015, see art. 1