The National Grid (Hinkley Point C Connection Project) Order 2016

Tidal works: approval of detailed design

63.—(1) Not less than 60 business days before commencing a tidal work, the undertaker must submit to the Port Authority plans and sections of the tidal work, a navigational risk assessment, proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation are proposed to be suspended), a timetable of the proposed tidal works and any proposed temporary closures of the relevant part of the river and such further particulars as the Port Authority may reasonably require.

(2) A tidal work may not be commenced except in accordance with plans and sections approved in writing by the Port Authority under this paragraph or deemed to have been approved or determined under paragraph 69.

(3) Any approval of the Port Authority required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable conditions as the Port Authority may impose for the protection of—

(a) traffic in, or the flow or regime of, the river;

(b) the use of its operational land or the river for the purposes of performing its functions; or

(c) the performance of any of its functions connected with environmental protection.

(4) Conditions imposed under sub-paragraph (3) may include conditions as to—

(a) the proposed location of any temporary work and its dimensions;

(b) the length of time that any temporary work may be kept in place;

(c) the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Port Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d) the relocation, provision and maintenance of works and moorings;

(e) apparatus and equipment necessitated by the tidal work; and

(f) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to be given if it has been given or has not been refused within 25 business days of the specified day.

(6) In the event that the Port Authority requires further information pursuant to sub-paragraph (1), then the Port Authority must determine the submission submitted pursuant to that sub-paragraph as soon as reasonably practicable, but in any event no later than 45 business days from the specified day.