The Portland Harbour Revision Order 1997

For protection of Environment Agency

60.—(1) For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Company and the Agency, have effect.

(2) In this article—

• “plans” includes sections, descriptions, drawings, specifications and method statements and other such particulars;

• “specified work” means so much of any permanent or temporary work or operation authorised by or under this Order (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is situated in, on, under, over or within 16 metres of the scheme; and

• “the scheme” means that part of the Portland Sea Defence Scheme which comprises an open trapezoidal drain discharging into the harbour and an outfall into the harbour by way of three culverts.

(3) (a) Before carrying out any specified work, the Company shall submit to the Agency plans of the work and such further particulars available to them as the Agency may within 14 days of the submission of the plans reasonably require.

(b) Any such specified work shall not be carried out except in accordance with such plans as may be approved in writing by the Agency or as are settled in accordance with paragraph (7) below.

(c) Any approval of the Agency required under this paragraph—

(i) shall not be unreasonably withheld;

(ii) shall be deemed to have been given if it is neither given nor refused in writing and with a statement of the grounds for refusal within one month of the submission of plans for approval; and

(iii) may be given subject to such reasonable requirements as the Agency may impose for the protection of the scheme.

(4) Without prejudice to the generality of paragraph (3) above, the requirements which the Agency may impose under that paragraph include conditions requiring the Company at their own expense when carrying out the specified works to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary to safeguard the scheme against damage or to secure that its efficiency for flood defence purposes is not impaired.

(5) Any specified work, and all protective works required by the Agency under paragraph (4) above, shall be carried out to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the carrying out of such works.

(6) The Company shall give the Agency notice in writing of the commencement of any specified work not less than 14 days prior to its commencement and notice in writing of its completion not later than 7 days after the date on which it is first brought into use.

(7) Any difference arising between the Company and the Agency under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(8) The preceding provisions of this article shall apply in relation to works or dredging licensed by the Company under this Order to be carried out by a person other than the Agency, as they apply to a specified work constructed by the Company; and, accordingly, references in those provisions to the Company shall be construed as including references to the holder of the relevant licence.