The Felixstowe Dock and Railway Harbour Revision Order 2002

Article 19

SCHEDULE 2 Protection for Harwich Haven Authority

1.  The provisions of this Schedule shall have effect for the protection of the Authority unless it is otherwise agreed in writing between the Company and the Authority.

2.  In this Schedule:—

“Authority” means Harwich Haven Authority;

“plans” includes sections, drawings, descriptions, specifications, programmes and method statements.

3.—(1) Not less than 56 days before commencing the construction of any tidal work the Company shall supply to the Authority plans of that work.

(2) The Authority may appove plans submitted to it in accordance with this Schedule or may disapprove them or approve them conditionally and, if the Authority does not within 56 days of the submission to it of any plans notify the Company in writing of its approval of those plans (conditionally or unconditionally), or its disapproval of those plans, the Authority shall be deemed to have approved the plans.

(3) The works shall not be constructed except in accordance with such plans as may have been approved (conditionally or unconditionally) by the Authority under this Schedule or deemed to have been approved in accordance with paragraph (2) or, in the event of the disapproval or a conditional approval of plans which is unacceptable to the Company, settled as provided in paragraph 4 below.

4.  Any difference between the Company and the Authority as to the reasonableness of withholding consent to any plans under paragraph 3(2) above or approving any plans subject to unreasonable conditions shall be referred to and determined by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.