The Portland Harbour Revision Order 1997

Licensing of works

33.—(1) The Company may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or land below the level of high water, notwithstanding that the works as constructed, altered, renewed, or extended interfere with the public right of navigation or any other public right.

(2) Application for a works licence shall be made in writing to the Company 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 Company may require modifications in the plans, sections and particulars so submitted.

(3) The Company 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.

(4) As a condition of the granting of a licence, the Company may require a licensee, being an applicant to whom a licence has been granted or his successor, where works are constructed pursuant to the licence, to pay such reasonable fees in respect of the Company’s administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.

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

(6) Where the Company 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.

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

(8) Articles 36 to 41 of this Order 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 Company as respects tidal works.

(9) 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 statutory undertaker concerned.