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Article 10 Restriction of dredging

Original text. Later amendments are not shown.

(1)

Subject to paragraph (4) below, no person other than the Council shall dredge on, under or over tidal waters or tidal land below the level of high water in the harbour unless he is licensed to do so by a dredging licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 12 of this Order.

(2)

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

(3)

The Council may by notice require a person who contravenes this article to abate or rectify, within a reasonable time specified in the notice, any operation or omission to which the contravention relates, and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the work so required and recover from him the cost of so doing.

(4)

Nothing in this article shall apply to–

(a)

any operations specifically authorised by any enactment; or

(b)

any operations of a statutory undertaker.