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9.—(1) Subject to the provisions of this Order the Council may from time to time deepen, dredge, scour, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the works or the accommodation of vessels thereat.
(2) Subject to paragraph (3) below, the Council may use, appropriate or dispose of any material (other than a wreck within the meaning of Part IX of the Merchant Shipping Act 1995(1) from time to time dredged by them from the harbour).
(3) No materials of the kind described in paragraph (2) above shall be deposited below the level of high water otherwise than in such a position and under such conditions or restrictions as may be approved or prescribed by the Secretary of State, and nothing in section 73 of the Act of 1847, as incorporated with this Order, shall apply to any deposit in accordance with this paragraph.
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