The Laganside Development(Northern Ireland) Order 1989

Articles 17(4)and 18(6).

SCHEDULE 2 ANCILLARY PROVISIONS RELATING TO WORKS UNDER ARTICLES 17 AND 18

Approval of Department and of Department of Agriculture

1.—(1) The Corporation shall not execute any works under Article 17 unless those works have been approved by the Department and by the Department of Agriculture.

(2) An approval under sub-paragraph (1) may be given subject to such terms and conditions as the Department or (as the case may be) the Department of Agriculture thinks fit.

Consultation with the Belfast Harbour Commissioners

2.—(1) It shall be the duty of the Corporation before—

(a) executing any works under Article 17 or 18 within the harbour limits; or

(b) exercising any power conferred by Article 17 or this Schedule within the harbour limits,

to consult with the Belfast Harbour Commissioners and to take into account any representations made to the Corporation by the Commissioners so as to ensure that the execution of those works or the exercise of those powers causes the minimum interference to the property of the Commissioners or to the exercise by the Commissioners of their functions.

(2) Sections 8 to 14 of the Belfast Port and Harbour Conservancy Act 1852(1) (control of works within the harbour limits) shall not apply to the Corporation or to works executed under Article 17 or 18.

(3) In this paragraph and paragraph 4(1) “the harbour limits” means the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967.

Tidal works

3.—(1) The Corporation shall not construct, alter or extend any tidal work under Article 17 or 18 except with the consent of the Secretary of State concerned with navigation and subject to any conditions imposed by the Secretary of State before the works are begun.

(2) Schedule 3 to the Harbours Act (Northern Ireland) 1970(2) (conditions relating to tidal works) shall apply in relation to any tidal work constructed, altered or extended by the Corporation under Article 17 or 18 as it applies in relation to any tidal work constructed, altered or extended by a local harbour authority but with the substitution—

(a) for references to a local harbour authority and the responsible harbour authority of references to the Corporation;

(b) for the references to section 11(1) and (2) of that Act of references to sub-paragraph (1) of this paragraph; and

(c) in paragraph 3(1) for the words “in the harbour of” of the words “constructed by”.

(3) In this paragraph and in Schedule 3 to the Harbours Act (Northern Ireland) 1970 as applied by sub-paragraph (2) “tidal work” means any work, or part of any work, which is on, under or over any land which is below the level of mean high water springs.

Dredging

4.—(1) Without prejudice to paragraph 3, the Corporation shall not dredge the river within the harbour limits without the consent of the Belfast Harbour Commissioners.

(2) Any materials taken up or collected in the course of dredging the river shall be the property of the Corporation and may be used, sold, removed, deposited or otherwise disposed of as the Corporation may think fit; but the Corporation shall not deposit any such materials below the level of mean high water springs except in such position as the Secretary of State concerned with navigation may approve and subject to such conditions and restrictions as he may impose.

Temporary interference with river

5.  The Corporation may, for the purpose of or in connection with the execution of any works under Article 17 or 18,—

(a) temporarily alter or interfere with the river and construct or place in the river all such temporary works as it may deem necessary or expedient;

(b) temporarily occupy and use the river;

(c) temporarily restrict, terminate or otherwise interfere with easements, fishing rights, water rights, navigation rights or other similar rights.

Extinguishment of certain public rights

6.—(1) If the Department considers it necessary or desirable to do so in connection with any works executed under Article 17 or 18, the Department may, on application to it by the Corporation, make an order extinguishing—

(a) any public rights over or in relation to such part of the foreshore within the designated area as is specified in the order;

(b) any public rights of navigation over such part of the river as is specified in the order.

(2) Article 63(1) and (3) of, and Schedule 6 to, the Roads (Northern Ireland) Order 1980(3) shall apply to an order under sub-paragraph (1) as they apply to an order under Article 6 of that Order.

(1)

1852 c. cxxi

(2)

1970 c. 1 (N.I.)

(3)

1980 NI 11