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Crossrail Act 2008

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This is the original version (as it was originally enacted).

Part 6Protection of Port of London Authority

1(1)The following provisions of this Part shall, unless otherwise agreed in writing between the nominated undertaker and the Port Authority, have effect for the protection of the Port Authority and the users of the river.

(2)In this Part—

  • “the 1968 Act” means the Port of London Act 1968 (c.xxxii);

  • “construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

  • “operations” includes temporary works and operations authorised by paragraph 10 of Schedule 2;

  • “plans” includes sections, drawings, specifications and method statements;

  • “the Port Authority” means the Port of London Authority;

  • “the river” means the waters within the limits of the port of London as described in Schedule 1 to the 1968 Act;

  • “specified work” means so much of any permanent or temporary work authorised by this Act (which includes, for the avoidance of doubt, any removal of gravel or other material, any dredging or similar work and any geotechnical investigations that may be undertaken) as is on, in, under or over—

    (a)

    the surface of land below the level of mean high water springs forming part of the river; or

    (b)

    any other land owned, occupied or used by the Port Authority for operational purposes.

2(1)Before beginning any operations for the construction of any specified 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)Any specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Port Authority or determined under paragraph 13.

(3)Any approval of the Port Authority required under this paragraph shall not be unreasonably withheld and—

(a)shall be deemed to be given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans or where further particulars are submitted under paragraph 2(1), within 28 days of the submission of those particulars; and

(b)may be given subject to such reasonable requirements as the Port Authority may make for the protection of—

(i)navigation in, or the flow or regime of, the river; or

(ii)the use of its land for the purposes of performing its statutory functions.

(4)The requirement for approval under this paragraph does not constitute any specified work a work subject to any of the controls in Part 5 of the 1968 Act.

3The nominated undertaker shall carry out all operations for the construction of any specified work with all reasonable despatch to the reasonable satisfaction of the Port Authority so that navigation in, or the flow or regime of, the river and the exercise of the Port Authority’s statutory functions shall not suffer more interference than is reasonably practicable and the Port Authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

4(1)The nominated undertaker shall not, without the consent of the Port Authority—

(a)deposit in, or allow to fall or be washed into, the river any gravel, soil or other material in suspension or otherwise;

(b)discharge or allow to escape into the river any offensive or injurious matter in suspension or otherwise, or oil; or

(c)notwithstanding anything in paragraph 8 of Schedule 2, discharge any water directly or indirectly into the river.

(2)Any consent of the Port Authority under this paragraph shall not be unreasonably withheld and—

(a)shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request for it; and

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

(3)In its application to the discharge of water into the river, paragraph 8(5) of Schedule 2 shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.

(4)Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of polluting controlled waters).

5(1)If any pile, stump or other object becomes exposed in the course of constructing any specified work (other than a pile, stump or other object on the site of any permanent work), such that it has or is likely to have any adverse effect on navigation in, or flow or regime of, the river, the nominated undertaker shall notify the Port Authority and as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river as the Port Authority may reasonably direct.

(2)If the nominated undertaker fails to remove from the river or cut off any such pile, stump or other object within 28 days after receipt of written notice from the Port Authority requiring the removal or cutting off, the Port Authority may carry out the removal or cutting off and recover their costs from the nominated undertaker.

6If—

(a)by reason of the construction of any specified work it is reasonably necessary for the Port Authority to incur costs in altering, removing, resiting or reinstating existing moorings, or laying down and removing substituted moorings, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b)the Port Authority gives to the nominated undertaker not less than 28 days' notice of its intention to incur such costs, and takes into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;

the nominated undertaker shall pay the costs reasonably so incurred by the Port Authority.

7The nominated undertaker shall, at or near every specified work, and any other work of which the nominated undertaker is in possession in exercise of any of the powers of this Act, being in either case a work which is below the level of mean high water springs, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.

8(1)If any tidal work is abandoned, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.

(2)If any tidal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation in or the regime of, the river, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice—

(a)to repair and restore the work or part of it, or

(b)if the nominated undertaker so elects, to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.

(3)If—

(a)a work which consists of a tidal work and a non-tidal work is abandoned or falls into decay; and

(b)the non-tidal work is in such a condition as to interfere with the right of navigation in the river;

the Port Authority may include the non-tidal work, or any part of it, in any notice under this paragraph.

(4)In this paragraph “tidal work” means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is below the level of mean high water springs and “non-tidal work” means so much of any such work as is above that level.

(5)If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the nominated undertaker.

9Paragraph 8(4) of Schedule 2 shall apply to any discharge of water under paragraph 8(1) of that Schedule in connection with the construction or maintenance of a specified work notwithstanding that the part of the river affected by the discharge is not a main river.

10The exercise of the powers of this Act to navigate or moor barges, or other vessels or craft within the river shall be subject to such directions as the harbour master of the Port Authority may make from time to time under section 112 of the 1968 Act.

11(1)The nominated undertaker shall indemnify the Port Authority from all claims, demands, proceedings or damages, which may be made or given against, or recovered from the Port Authority by reason of any damage to the bed or banks of the river which is caused by the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.

(2)The Port Authority shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand shall be made without the consent of the nominated undertaker which, if it notifies the Port Authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

12Nothing in paragraph 11 shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the Port Authority, its officers, servants, contractors or agents but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Port Authority, or to its satisfaction, or in accordance with a determination under paragraph 13, shall not (in the absence of negligence on the part of the Port Authority, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part.

13(1)Any dispute arising between the nominated undertaker and the Port Authority under this Part shall be determined by arbitration if—

(a)the parties agree, or

(b)the dispute relates to the amount of any sum payable under this Part,

but shall otherwise be determined by a person appointed by the Secretary of State.

(2)Any person appointed by the Secretary of State under sub-paragraph (1) shall, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.

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