The Harwich Parkeston Quay Harbour Revision Order 2010

PART 4 For further protection of authorities in Harwich Harbour

22.—(1) For the further protection of the Felixstowe Dock and Railway Company, Harwich Dock Company Limited and Trinity House the following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Company and the protected interests, apply and have effect.

(2) In this Part of this Schedule—

“the protected area” means so much of the river as lies eastward of the map reference line TM 22200 East, so much of the river Orwell as lies southward of the map reference line TM 35000 North and the common estuary of the rivers Stour and Orwell and the navigation approaches to them;

“the protected interests” means all or any one or more of the Felixstowe Dock and Railway Company, Harwich Dock Company Limited and Trinity House;

“the specified works” means any of the authorised works which are tidal works, and includes any operations carried out under the powers of article 6 in execution of the powers of paragraph (3) of article 3.

23.—(1) This paragraph applies during the specified period if, in consequence of the construction of the specified works (including any dredging in connection with the construction, or to afford vessels access to those works), any accumulation of silt or other material, or any scouring or alteration of the tidal flow in the river is caused or created within the protected area.

(2) If the accumulation, scouring or alteration of tidal flow referred to in sub-paragraph (1) causes or creates a relevant concern, the protected interests may, within the specified period, request that the Company carry out such works or take such action to address that relevant concern.

(3) The Company, if so requested by the protected interests under sub-paragraph (2), shall carry out such works or take such action necessary to address that relevant concern, including without prejudice to the generality—

(a) repairing such damage;

(b) removing such accumulation of silt or other material; and

(c) restoring safe navigation and berthing,

within the protected area.

(4) If the Company fails to take the requested steps under sub-paragraph (3), the protected interests may themselves cause the work to be done and may recover from the Company the reasonable cost incurred by them in doing so.

(5) In this paragraph—

“the specified period” means the period—

(a)

during which the specified works on the foreshore or bed of the river are being constructed, ending five years after they have been completed; and

(b)

during which any temporary structures in connection with the specified works are being constructed, ending five years after they have been removed.

“a relevant concern” means—

(c)

damage to the harbour works of the protected interests;

(d)

an impediment to the free navigation of the protected area; or

(e)

prejudices safe navigation or berthing in that area.

24.  If any such accumulation, scouring or alteration of the tidal flow arises within the period of five years and is removed or remedied in accordance with paragraph 23, then any recurrence of such accumulation, scouring or alteration of the tidal flow shall from time to time be removed or otherwise remedied in accordance with paragraph 23 during a period of 10 years after the completion of the specified works or the removal of such temporary structures, as the case may be.

25.  The Company shall repay or, as the case may be, keep the protected interests indemnified against all damages, losses, costs and expenses which they may directly or indirectly sustain, or be liable for, or reasonably and properly incur, by reason or in consequence of any injury or damage which may be caused or may result to any harbour works or property of the protected interests, or as a result of any interference in the operation thereof, by or in consequence of any such accumulation, scouring or alteration of the tidal flow—

Provided that the protected interests shall give to the Company notice of any claim or demand made against them which, in the opinion of the protected interests is a claim or demand for which the Company may be liable under this paragraph, and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the Company.

26.  Any difference arising between the Company and the protected interests under this Part of this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration.