The River Mersey (Mersey Gateway Bridge) Order 2011

Additional powers

17.—(1) Subject to Schedule 10 (protective provisions) and having had reasonable regard to any relevant representations made by any user of the River Mersey but otherwise without prejudice to the other powers conferred by this Order or otherwise available to it, the undertaker may within the new crossing area for the purpose of or in connection with the carrying out and maintenance of the authorised works to be carried out within the new crossing area and regardless of any interference with any public or private rights—

(a) alter, relocate or replace any navigation work;

(b) carry out excavations and clearance, dredging, deepening, dumping and pumping operations;

(c) sell, use, appropriate and dispose of any materials (including liquids) obtained by it in carrying out any such operations;

(d) remove or relocate any mooring so far as may be reasonably necessary for the purposes of carrying out or maintaining the authorised works;

(e) temporarily moor or anchor vessels and structures;

(f) temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation; and

(g) construct, place, maintain and remove temporary works and structures,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2) Except in the case of urgency, the undertaker shall use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by sub-paragraph (1)(d) before the exercise of those powers.

(3) The undertaker shall pay compensation to any person entitled to compensation under the 1961 Act who suffers any loss or damage from the exercise of the powers conferred by sub-paragraph 1(d).

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.