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SCHEDULES

SCHEDULE 15Protective Provisions

Part VProtection of Port of Sheerness Limited

2(1)Before beginning any operations for the construction of any tidal work, the nominated undertaker shall submit to the port authority plans of the work and such further particulars available to it as the port authority may within 14 days of the submission of the plans reasonably require.

(2)Such further particulars may include such relevant hydraulic and geological information as may be available to the nominated undertaker and is not in the possession of the port authority.

(3)A tidal work shall not be constructed except in accordance with such plans as may be approved by the port authority or determined under paragraph 14 below.

(4)Any approval of the port authority required under this paragraph shall not be unreasonably withheld and—

(a)shall be deemed to have been given if it is neither given nor refused (with an indication of the grounds for that refusal) within 28 days of the submission of the plans for approval; and

(b)may be given subject to such reasonable requirements as the port authority may make for the protection of traffic in, or the flow or regime of, the river.