The Montrose Harbour Revision Order 1991

Licensing of works

11.—(1) The Authority may upon such terms and conditions as they think fit grant to any person a licence to alter or renew any works in the Harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as altered or renewed.

(2) Application for a works licence shall be made in writing to the Authority and shall–

(a) be accompanied by plans, sections and particulars of the works to which the application relates;

(b) specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted; and, in granting a licence, the Authority may require modifications in the plans, sections and particulars so submitted.

(3) The Authority may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or different classes of cases.

(4) Where the Authority refuse to grant a works licence which has been applied for they shall give reasons in writing for their refusal.

(5) Where the Authority grant a works licence upon terms or conditions or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.

(6) If within three months from the receipt of the application under paragraph (2) above the Authority do not grant a works licence they shall be deemed to have refused the application.

(7) Articles 10 to 14 of the Order of 1974 (which contain certain requirements with respect to works) shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Authority as respects works constructed by the Authority.

(8) In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not–

(a) interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;

without the consent of the stautory undertaker concerned.