The London Gateway Port Harbour Empowerment Order 2008
S.I. 2008/1261 · Made 2 May 2008 · Extends to England, Wales and Scotland
Harbours, Docks, Piers And Ferries
Made 2nd May 2008
Coming into force 16th May 2008
The Peninsular and Oriental Steam Navigation Company has applied for a harbour empowerment order under section 16 of the Harbours Act 1964 (“the 1964 Act”)f1;
The Secretary of State is satisfied as mentioned in section 16(5) of the 1964 Act;
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to paragraph 18 of Part 1 of Schedule 3 to the 1964 Act; and
The Secretary of State has considered the objections made and not withdrawn and the report of the person who held the inquiry and has determined to make an order giving effect to the proposals comprised in the application with modifications which in her opinion do not make any substantial change to the proposals.
Accordingly, the Secretary of State for Transport (being the appropriate Minister under section 16(1) of the 1964 Actf2) makes the following Order in exercise of the powers conferred by that section and now vested in herf3:
Annotations to the whole text
Footnotes
- f1
-
1964 c. 40; section 16 was amended by the Transport Act 1981 (1981 c. 56) sections 18(1) and 40, Schedule 6, paragraphs 3, 4(1), 4(2), 4(8), 14(2) and 14(3) and Schedule 12 (Part II) and by the Criminal Justice Act 1988 (1988 c. 33) section 46 and by the Transport and Works Act 1992 (1992 c. 42) section 63(1) and paragraphs 2(2), (4) and (5) of Schedule 3.
- f2
-
For the definition of the Minister (mentioned in section 16) see section 57(1).
- f3
-
S.I. 1981/238 and S.I. 1997/2971 and S.I. 2001/2568.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Incorporation of the Harbours, Docks and Piers Clauses Act 1847
- 4Byelaws
- 5Application of the Local Government Act 1972
- 6Application of the New Roads and Street Works Act 1991
- 7Incorporation of the Railways Clauses Consolidation Act 1845
- Part 2: JURISDICTION AND ESTABLISHMENT OF THE HARBOUR AUTHORITY
- 8Jurisdiction of the Harbour Authority
- 9Agreements entered into by the Company, etc.
- Part 3: WORKS PROVISIONS
- 10Power to construct, etc., works
- 11Power to construct, etc., pontoons and jetties
- 12Further mitigation and compensation works
- 13Power to dredge
- 14Power to deviate
- 15Fine for obstructing works
- 16Tidal works not to be constructed without approval of the Secretary of State
- 17Provision against danger to navigation
- 18Lights on tidal works, etc.
- 19Stopping up, diversion, provision and upgrading of footpaths and bridleways
- 20Power to alter layout of streets, etc.
- 21Power to execute street works
- 22Temporary stopping up of streets
- 23Agreements with street authorities
- 24Construction of bridges
- 25Level crossings
- 26Application of permitted development rights
- 27Defence to proceedings in respect of statutory nuisance
- Part 4: ACQUISITION OF LAND
- 28Power to acquire land
- 29Application of Part 1 of the Compulsory Purchase Act 1965
- 30Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 31Disregard of certain interests and improvements
- 32Extinction of private rights of way
- 33Time limit for exercise of powers of acquisition
- Part 5: FUNCTIONS OF THE HARBOUR AUTHORITY
- 34Duty of the Harbour Authority
- 35Power to make charges
- 36Power to enter vessels
- 37Recovery and enforcement of charges
- 38Time when charges are payable and their recovery
- 39Security for charges
- 40Disputes concerning rates
- 41Objection and arbitration in relation to charges
- 42Power to appropriate berths, etc.
- 43Power to remove goods
- 44Power to operate and use railways
- 45Saving for regulated rights, etc.
- 46Powers of disposal
- 47Conservation
- 48Obstruction of officers
- 49Arrangements with Her Majesty’s Revenue and Customs
- 50Agreements with Network Rail
- 51Power to establish a police force
- 52Incorporation of Police and Criminal Evidence Act 1984
- 53Refusal of a landing place, etc.
- 54Power to discharge surface water into the river
- 55Harbour Authority not to be a local lighthouse authority
- 56Harbour Authority not to be a port health authority
- Part 6: PROTECTIVE PROVISIONS
- 57Crown rights
- 58For the protection of the local highway authority
- 59For the protection of Thurrock Borough Council and others
- 60For the protection of Network Rail
- 61For the protection of the Port of London Authority
- 62For the protection of the Trinity House Lighthouse Service
- 63For the protection of the Environment Agency
- 64For the protection of National Grid Gas plc and other statutory undertakers
- Part 7: MISCELLANEOUS AND GENERAL
- 65No double recovery
- 66Arbitration
- 67Defence of due diligence
- 68Local inquiries
- 69Certification of plans, etc.
- Signature
- Schedule 1: WORKS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: RESTRICTIONS ON WORKS
- 1Paragraph 1
- Containers and associated equipment
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Other height restrictions
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Railways
- 10Paragraph 10
- 11Paragraph 11
- Other construction restrictions
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Activities permitted for construction or operational purposes only
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Application of Town and Country Planning legislation
- 25Paragraph 25
- Schedule 3: DREDGING WORKS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 4STOPPING UP OF FOOTPATHS AND BRIDLEWAY AND NEW PUBLIC RIGHTS OF WAY TO BE SUBSTITUTED
- Schedule 5: APPLICATION OF PERMITTED DEVELOPMENT RIGHTS
- Part 1: GENERAL PERMITTED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- Part 2: HABITATS REGULATIONS
- 3Paragraph 3
- 4Paragraph 4
- Schedule 6: FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL AND OTHERS
- General
- 1Paragraph 1
- 2Paragraph 2
- The authorised works in combination with the related development
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- The authorised works without the related development
- 14Paragraph 14
- Travel Plan
- 15Paragraph 15
- Noise mitigation measures
- 16Paragraph 16
- 17Paragraph 17
- Sustainable handling and transport
- 18Paragraph 18
- Storage of fluids
- 19Paragraph 19
- Application of Town and Country Planning legislation
- 20Paragraph 20
- Schedule 7: FOR THE PROTECTION OF NETWORK RAIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 8: FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
- General
- 1Paragraph 1
- Tidal Works: approval of detailed design
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Discharges, etc.
- 5Paragraph 5
- 6Paragraph 6
- Obstruction in river
- 7Paragraph 7
- Removal, etc. of PLA moorings and buoys
- 8Paragraph 8
- Navigational lights, buoys, etc.
- 9Paragraph 9
- Removal of temporary works
- 10Paragraph 10
- Protective action
- 11Paragraph 11
- Abandoned or decayed works
- 12Paragraph 12
- Facilities for navigation
- 13Paragraph 13
- Survey of riverbed
- 14Paragraph 14
- Sedimentation, etc.: remedial action
- 15Paragraph 15
- Indemnity
- 16Paragraph 16
- Dedication of land for conservation, etc.
- 17Paragraph 17
- Statutory functions
- 18Paragraph 18
- Vesting of reclaimed river bed
- 19Paragraph 19
- Compensation for river bed
- 20Paragraph 20
- Maintenance dredging
- 21Paragraph 21
- Consideration for dredged material
- 22Paragraph 22
- Removal of wrecks and obstructions, etc.
- 23Paragraph 23
- Disputes
- 24Paragraph 24
- Schedule 9: FOR THE PROTECTION OF THE TRINITY HOUSE LIGHTHOUSE SERVICE
- General
- 1Paragraph 1
- 2Paragraph 2
- Indemnity
- 3Paragraph 3
- Schedule 10: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- General
- 1Paragraph 1
- Definitions applying to this Schedule
- 2Paragraph 2
- Tidal works
- 3Paragraph 3
- Pre-conditions to commencing specified work
- 4Paragraph 4
- Survey of any drainage work liable to be affected by a specified work
- 5Paragraph 5
- Maintenance by Harbour Authority of drainage works within its jurisdiction
- 6Paragraph 6
- Impairment of efficiency of drainage work for flood defence
- 7Paragraph 7
- Damage to flood defences managed by the Agency
- 8Paragraph 8
- Protection of the fishery
- 9Paragraph 9
- Indemnity as to costs and expenses
- 10Paragraph 10
- 11Paragraph 11
- Approvals deemed and not deemed
- 12Paragraph 12
- Arbitration in respect of differences arising under this Schedule between the parties
- 13Paragraph 13
- Schedule 11: FOR THE PROTECTION OF NATIONAL GRID GAS PLC AND OTHER STATUTORY UNDERTAKERS
- Apparatus of statutory undertakers, etc., on land acquired
- 1Paragraph 1
- Protection for National Grid Gas plc
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 12LAND WHICH MAY BE ACQUIRED COMPULSORILY
- Explanatory note