The Portland Harbour Revision Order 1997

Licence to dredge

34.—(1) The Company may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the harbour.

(2) Application for a dredging licence shall be made in writing to the Company and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence, and in granting any such licence the Company may require modifications in the plans, sections and particulars so submitted.

(3) Paragraphs (3) to (7) and (9) of article 33 of this Order shall apply in relation to a dredging licence as they apply in relation to a works licence.

(4) Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit:

• Provided that—

  (i)

  no such material shall be laid down or deposited in any place within the harbour below the level of high water except in such positions as may be approved by the Company and subject to such conditions as may be imposed by the Company;

  (ii)

  if it appears to the holder of the dredging licence that the Company have unreasonably withheld their approval under paragraph (i) of this proviso or that any condition imposed by the Company under that paragraph is unreasonable, he may appeal to the Secretary of State whose decision shall be binding upon the parties.