OpenLegislation

Paragraph 20 Sedimentation, etc.: remedial actionI1

England and Wales

(1)

This paragraph applies if any part of the river becomes subject to sedimentation, scouring, currents or wave action which—

(a)

is wholly or partly caused by a tidal work during the period beginning with the commencement of the construction of that tidal work and ending with the expiration of 10 years after the date on which all the tidal works constructed under this Order are completed; and

(b)

for the safety of navigation or for the protection of works in the river, should in the reasonable opinion of the Tees Port Authority be removed or made good.

(2)

The undertaker must either—

(a)

pay to the Tees Port Authority any additional expense to which the Tees Port Authority may reasonably be put in dredging the river to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to the tidal work; or

(b)

carry out the necessary dredging at its own expense and subject to the prior approval of the Tees Port Authority, such prior approval not to be unreasonably withheld or delayed; and the reasonable expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Tees Port Authority in carrying out surveys or studies in connection with the implementation of this paragraph.

Annotations

Commencement

I1

Sch. 11 para. 20 in force at 10.8.2016, see art. 1