58. In this Part of this Schedule—
“construction” includes execution, placing, relaying, renewal and works of maintenance and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” have corresponding meanings;
“the PLA” means the Port of London Authority;
“plans” includes plans, sections, elevations, drawings, specifications and programmes and construction methods including, where applicable, such relevant hydraulic information about the River Thames as may be reasonably requested by the PLA; and
“specified work” means any authorised work, wherever situated, any part of which—
is, or may be, in, on, under or over the surface of land below mean high water level forming part of the River Thames; or
may affect the River Thames or any function of the PLA,
including any projection over the River Thames by any authorised work or any plant or machinery.
59. The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between LUL and the PLA.
60.—(1) LUL must not commence any specified work until plans of the work have been approved in writing by the PLA.
(2) LUL must submit to the PLA plans of the specified work and such further particulars as the PLA may, within 28 days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.
(3) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—
(a)traffic in, or the flow or regime of, the River Thames;
(b)the use of its land, or the River Thames, for the purposes of performing its functions; or
(c)the performance of any of its functions connected with environmental protection.
(4) Requirements made under sub-paragraph (3) may include conditions as to—
(a)the proposed location of any temporary work and its dimensions;
(b)the programming of temporary works;
(c)the removal of any temporary work and the undertaking by LUL of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;
(d)the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work; and
(e)the expiry of the approval if LUL does not commence construction or carrying out of the approved specified work within a prescribed period.
(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 28 days of the specified day.
(6) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (5) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.
(7) LUL must carry out all operations for the construction of any specified work without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the River Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and LUL must provide all reasonable facilities to enable that inspection and survey to take place.
(8) In this paragraph “the specified day” means, in relation to any specified work—
(a)the day on which plans and sections of that work are submitted to the PLA under sub-paragraph (1); or
(b)the day on which LUL provides the PLA with all further particulars of the work that have been requested by the PLA under that sub-paragraph,
whichever is the later.
61.—(1) This paragraph applies to any specified work that includes or is ancillary to any jetty modification comprised in Work No. 10.
(2) When LUL submits for approval under paragraph 60 plans of any specified work to which this paragraph applies it must state whether the work is intended to be temporary or permanent.
(3) If at any time before the completion of construction of the authorised works LUL decides that, contrary to the statement given under sub-paragraph (2), a work to which this paragraph applies should be permanent or temporary, as the case may be, it must without delay apply to the PLA for confirmation of approval of the specified work.
(4) On making any application under this paragraph LUL must provide the PLA with any revised plans of the specified work together with such further information as the PLA may, within 28 days starting with the date on which the application is made, reasonably require.
(5) Any approval of the PLA required under this paragraph must not be unreasonably withheld but paragraph 60(3) applies.
(6) Conditions imposed by the PLA under paragraph 60(3) or sub-paragraph (5) may include (in the case of a permanent work) conditions as to the future ownership and maintenance of the work, and in the absence of appropriate arrangements regarding ownership and maintenance it is reasonable for the PLA to withhold approval under this paragraph.
(7) The removal of any temporary work to which this paragraph applies and any required removal of materials, plant and equipment or making good must be carried out to the reasonable satisfaction, and subject to the supervision (if given), of the PLA.
62.—(1) LUL must not without the consent of the PLA exercise the powers conferred by article 16 (discharge of water) so as to—
(a)deposit in or allow to fall or be washed into the River Thames any gravel, soil or other material;
(b)discharge or allow to escape either directly or indirectly into the River Thames any offensive or injurious matter in suspension or otherwise; or
(c)directly or indirectly discharge any water into the River Thames.
(2) LUL must not without the consent of the PLA exercise the powers conferred by article 17 (water abstraction) so as to—
(a)adversely affect the regime of the River Thames; or
(b)impair the effective operation for drainage purposes of any drainage work, channel or watercourse.
(3) Any consent of the PLA under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.
(4) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 35 days of the day on which the request for consent is submitted under sub-paragraph (1).
(5) Any discharge of water under article 16 or, as the case may be, any abstraction under article 17 is subject to the terms of any conditions attached to a consent given under this paragraph to that discharge or abstraction.
63. LUL must not, in exercise of the powers conferred by article 16 (discharge of water), or article 17 (water abstraction) damage or interfere with the beds or banks of any watercourse forming part of the River Thames unless such damage or interference is approved as a specified work under this Order or is otherwise approved in writing by the PLA.
64. Unless and until such time as a specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed, LUL must, at or near that work, and any other work of which LUL is in possession in exercise of any of the powers conferred by this Order (being in either case a work which is below mean high water level), exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.
65. Unless and until such time as a specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed, LUL must comply with any reasonable directions of the Harbour Master from time to time with regard to the lighting of that specified work, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the River Thames.
66. On completion of the construction of any part of a permanent specified work that is below mean high water level, LUL must as soon as practicable remove—
(a)any temporary specified work carried out only for the purposes of that part of the permanent work; and
(b)any materials, plant and equipment used for such construction,
and must make good the site to the reasonable satisfaction of the PLA.
67.—(1) If any specified work—
(a)is constructed otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given under paragraph 60(3); or
(b)during construction gives rise to sedimentation, scouring, currents or wave action, which would be materially detrimental to traffic in, or the flow or regime of, the River Thames,
then the PLA may by notice in writing require LUL at LUL’s own expense to comply with the remedial requirements specified in the notice.
(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—
(a)in the case of a specified work to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—
(i)this Schedule; or
(ii)the condition that has been breached; or
(b)in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the River Thames.
(3) If LUL does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require LUL to—
(a)remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or
(b)take such other action as the PLA may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.
(4) If a specified work gives rise to environmental impacts over and above those anticipated by any environmental document, LUL must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA.
(5) If the PLA becomes aware that any specified work is causing an environmental impact over and above those anticipated by any environmental document, the PLA must notify LUL of that environmental impact, the reasons why the PLA believes that the environmental impact is being caused by the specified work and of measures that the PLA reasonably believes are necessary to counter or mitigate that environmental impact. LUL must implement either the measures that the PLA has notified to LUL or such other measures as LUL believes are necessary to counter the environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures.
(6) In this paragraph “environmental document” means—
(a)the environmental statement prepared for the purposes of the application for this Order together with any supplementary environmental statement or other document so prepared by way of clarification or amplification of the environmental statement; and
(b)any other document containing environmental information provided by LUL to the PLA for the purposes of any approval under paragraph 60.
68.—(1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require LUL to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.
(2) If any specified work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the River Thames, the PLA may by notice in writing require LUL to take such reasonable steps as may be specified in the notice—
(a)to repair and restore the work or part of it; or
(b)if LUL so elects, to remove the specified work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.
(3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from LUL.
69.—(1) LUL must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work.
(2) LUL must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at LUL’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work until such time as the specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed.
70.—(1) Before the commencement of construction of the first specified work below mean high water level to be constructed following approval under paragraph 60, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out a survey of such parts of the River Thames as might be affected by sedimentation, scouring, currents or wave action that might result from the construction of such of the authorised works as would constitute specified works below mean high water level if they were to be constructed, for the purposes of establishing the condition of the River Thames at that time.
(2) Before the commencement of construction of any other specified work approved under paragraph 60, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out a survey of such parts of the River Thames as might be affected by sedimentation, scouring, currents or wave action resulting from that specified work for the purpose of establishing the condition of the River Thames at that time.
(3) The PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out such surveys of the River Thames as are reasonably required during the construction of any specified work to ascertain the effect of that specified work on the River Thames and the PLA must make available to LUL the results of any such survey.
(4) After completion of, respectively, any specified work and all the specified works constructed under this Order, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred) carry out a further survey of the parts of the River Thames which were surveyed prior to the construction of that work, or as the case may be a survey of the completed specified works as so constructed, for the purpose of establishing the condition of the River Thames and the effect that the specified work is, or as the case may be the specified works are, having on navigation, the flow and the regime of the River Thames and the exercise of the PLA’s functions.
(5) The PLA must not under this paragraph carry out a survey of any part of the River Thames as respects which LUL has provided to the PLA survey material which the PLA is satisfied establishes the condition of the River Thames, and in the case of a survey under sub-paragraph (3), the effect of the specified work, or as the case may be the specified works.
71.—(1) This paragraph applies when—
(a)LUL is carrying out the authorised works;
(b)any other person (an “undertaker”) is taking preliminary action or carrying out works or operations (any of which is an “other work”) preparatory to or in connection with any other infrastructure project for which authorisation has been sought or given; and
(c)both the authorised works and the other work are being carried out in, on, over, under or making use of the River Thames at the same time.
(2) When this paragraph applies LUL must participate in and assist with the taking of reasonable measures in order to ensure that the safety of navigation on the River Thames is not adversely affected by reason of the carrying out of the authorised works and any other work.
(3) The obligations of LUL under this paragraph commence at such time as an undertaker commences any other work whilst the authorised works are being carried out in, on, over, under or making use of the River Thames and continue from time to time whenever sub-paragraph (1)(c) applies.
(4) The reasonable measures referred to in sub-paragraph (2) are to be such as—
(a)are agreed between the PLA and LUL or, failing such agreement, as are determined in accordance with article 48 (arbitration); and
(b)proportionately reflect the extent to which, as between the authorised works and any other work, the need for any measure is attributable to the carrying out of the authorised works.
(5) LUL and the PLA must each take such steps as are reasonably practicable, in so far as compatible with their statutory functions, to secure that an undertaker assumes or is made subject to obligations in relation to any other work that are equivalent to those placed upon LUL by this paragraph.
72. Subject to article 4(9) (power to construct and maintain works) the exercise in, under or over the River Thames by LUL of any of its functions under this Order is subject to—
(a)any enactment relating to the PLA;
(b)any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and
(c)any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.
73.—(1) LUL is responsible for and must make good to the PLA all costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of —
(a)the construction or operation of a specified work or its failure;
(b)the exercise of any other power under this Order; or
(c)any act or omission of LUL, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or dealing with any failure of a specified work,
and LUL must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or any such failure, act or omission.
(2) The fact that any act or thing may have been done—
(a)by the PLA on behalf of LUL; or
(b)by LUL, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,
does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse LUL from liability under the provisions of this paragraph.
(3) The PLA must give LUL reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise of it is to be made without the prior consent of LUL.
74. Regardless of article 4(9)(a), and unless otherwise agreed in writing between LUL and the PLA, compensation is payable to the PLA in respect of any specified work below mean high water level and any rights required in connection with such a specified work as if LUL had been required—
(a)to obtain a licence for the work under section 66 (licensing of works) of the 1968 Act; and
(b)to pay consideration for the licence determined in accordance with the provisions of section 67 (consideration for licence) of that Act;
and the PLA’s reasonable costs incurred in connection with the determination of such compensation is recoverable from LUL.
75. LUL must within 7 days after the completion of any sale, agreement or other transaction under paragraph (1) or (2) of article 41 (powers of disposal, agreements for operation, etc.) in relation to which any powers, rights and obligations of LUL are transferred to another party, notify the PLA in writing, and the notice must include particulars of the other party to the transaction under article 41, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.
76. Any dispute arising between LUL and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 48 (arbitration).