The Peterhead Harbours Revision Order 1998

PART IV MISCELLANEOUS

For protection of proprietors, lessees and tenants of adjacent properties

18.—(1) This article shall apply and have effect for the protection, lessee and tenants of proprietors of heritable property adjacent to Work No.1 authorised by this Order.

(2) In carrying out any drilling or blasting in the execution of Work No.1 authorised by this Order the trustees shall not–

(a) carry out any such drilling or blasting between the hours of 6 o'clock in the afternoon and 8 o'clock in the forenoon of the following day or between the hours of sunset and sunrise or at any time on a Saturday or Sunday;

(b) contravene the code of practice for the control of noise approved by the British Standards Institution and numbered BS 5228 or such other code of practice as may from time to time be approved by the said Institution in lieu thereof;

(c) cause greater vibration at any heritable property adjacent to the said Work No.1 than vibration of a peak particle velocity of 12.5 millimetres per second.

(3) Notwithstanding the powers conferred on the trustees by this Order and without prejudice to any other remedies available, they shall be liable to the said proprietors of heritable property adjacent to Work No.1 authorised by this Order for damage to such heritable property caused by the execution of the said Work No.1.

Crown rights

19.—(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular without prejudice to the generality of the foregoing nothing herein contained shall authorise the trustees or any licensee of the trustees to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary):–

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or

(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.