Folkestone Harbour Act 1992

18 For protection of Shepway District Council

For the protection of the Council the following provisions shall, unless otherwise agreed in writing between the Company and the Council, have effect:—

(1) In this section—

• “the Council” means the District Council of Shepway;

• “lock” means a confined section of water the level of which can be changed by means of a system of gates and sluices for the purpose of raising or lowering vessels between adjacent sections and includes any plant, machinery or structure (such as a wavescreen) reasonably required in connection therewith;

• “the signed plan” means the plan of which four copies have been signed by the Lord Aberdare, the Chairman of the Committee of the House of Lords to whom the Bill for this Act was referred, and deposited respectively in the office of the Clerk of the Parliaments, House of Lords, the Private Bill Office of the House of Commons, the registered office of the Company and the office of the Chief Executive of the Council:

(2) Except as provided in paragraphs (3) and (4) below, the Company shall not commence Work No. 1 until a lock at the entrance of the harbour has been constructed and brought into operation:

(3) Paragraph (2) above shall not apply to any infilling and reclamation which—

(a) is carried out for the purpose of strengthening any existing quay face or harbour wall or rendering it impervious to water penetration; and

(b) does not extend more than five metres into the harbour from that quay face or harbour wall:

(4) Paragraph (2) above shall not apply to so much of Work No. 1 as is constructed within the area shown hatched red on the signed plan:

Provided that the Company shall not cause or permit any building within that area to be occupied until a lock at the entrance of the harbour has been constructed and brought into operation:

(5) The Company shall so construct Work No. 1 as to ensure that—

(a) the water area of the Inner Harbour will be not less than 0·45 hectares;

(b) a channel having a width of not less than 10 metres will be formed between the Inner Harbour and the Outer Harbour; and

(c) the width of the water area between the areas respectively hatched red and cross-hatched green on the signed plan will at no point be less than 30 metres:

(6) Except with the consent of the Council or as provided in paragraph (7) below—

(a) in the execution of any work authorised by section 3 (Power

to construct works) of this Act the Company shall not deviateby more than two metres vertically upwards from the levelsshown on the deposited sections in relation to that work; and

(b) in the execution of any work authorised by section 4 (Power

to make subsidiary works) of this Act (“the section 4 work”) theCompany shall not deviate by more than two metres verticallyupwards from the levels shown on the deposited sections relatingto the work to which the section 4 work is subsidiary.

(7) The consent of the Council under paragraph (6) above shall not be required—

(a) in any case where an application is required to be made for planning permission to carry out the work or part of the work in question, if that application is granted; and

(b) in any other case, if the Council has unreasonably withheld its consent:

(8) Section 10 (Abatement of works abandoned or decayed) of this Actshall apply in relation to the Company as if references in that section to the Secretary of State included references to the Council:

Provided that the Company shall not be obliged by virtue of this paragraph to do anything which is or would be inconsistent with any requirement imposed by the Secretary of State under that section:

(9) Before exercising its powers under section 6 (Powers as to dredging and moorings) of this Act to blast any rock in the harbour or approaches thereto the Company shall—

(a) consult with the Council and the Health and Safety Executive and have regard to any representations made by either or both of them; and

(b) take all reasonable steps to inform those likely to be affected by the proposed blasting operation:

(10) In exercising the powers mentioned in paragraph (9) above the Company shall use all reasonable endeavours to ensure compliance with the provisions relating to underwater blasting (and any related provisions concerning handling and storage) contained in the British Standard Code of Practice for the safe use of explosivesin the construction industry (BS5607:1988) or in any Code superseding the same:

(11) Any difference arising between the Company and the Council under this section (otherwise than a difference as to the meaning or construction of this section) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Royal Institution of Chartered Surveyors.