Article 11 Control of certain operations of statutory undertakers

This article applies to any dredging in the harbour by a statutory undertaker on, under or over tidal waters or tidal land below the level of high water in the harbour, not being dredging which is specifically authorised by any enactment.

Subject to paragraph (3) below, a statutory undertaker shall not carry out any dredging to which this article applies unless it has given notice of its intention to do so to the Council and has supplied the Council with such particulars as they may reasonably require.

Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Council of the dredging as soon as reasonably practicable.

Any dredging to which this article applies shall be carried out subject to any directions which may from time to time be given by the Council to the statutory undertaker, being directions such as in the opinion of the Council are necessary for the avoidance of danger and the prevention, so far as reasonably possible, of interference with navigation in the carrying out of such dredging.

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 3 on the standard scale.