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The Silvertown Tunnel Order 2018

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Restrictions on other works in the river Thames

52.—(1) For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed—

(a)in Regions 1, 3 and 4 (subject to paragraph (2))—

(i)any dredging below the lines shown on the river restrictions section;

(ii)the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

(iii)any piling activities; or

(iv)any designation of any anchorage; and

(b)in Region 2—

(i)any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

(ii)any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

(2) In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL’s consent under paragraph (1).

(3) A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

(4) Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73(1) (licensing of dredging, etc) of that Act—

(a)in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

(b)within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

(5) Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

(6) If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

(7) If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

(8) After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

(9) TfL must—

(a)designate—

(i)the person to whom notice should be given under paragraph (2); and

(ii)the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

(b)give the PLA written notification of any such designation.

(10) For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan—

Point referenceEastingNorthing
Region 11539864.6015180232.1903
2539847.9342180191.5763
3539824.5778180151.609
4539803.7353180122.9387
34539861.0333180050.4348
35539866.7186180056.4268
36539902.0684180100.2796
37539929.491180145.2861
Region 25539795.0307180110.7227
6539763.774180079.5465
7539726.8623180046.611
8539693.5971180012.3733
9539661.4484179985.9174
10539660.3067179984.9779
26539715.2125179913.7872
27539721.437179922.604
28539734.3574179934.3838
29539747.3322179946.2132
30539760.2525179957.6318
31539789.1704179980.5417
32539828.1578180015.7859
33539850.7088180039.5534
Region 311539648.3561179975.9124
12539614.2705179951.6187
13539610.4355179951.6816
14539592.3566179937.4617
15539578.0493179928.2188
16539571.9822179924.3817
17539568.9903179922.7014
18539559.0454179917.192
19539550.5843179913.8412
20539548.9716179914.0205
21539541.4966179912.8632
22539604.3438179829.269
23539673.1334179877.5185
24539704.0919179903.7208
Region 4 north4539803.7353180122.9387
5539795.0307180110.7227
33539850.7088180039.5534
34539861.0333180050.4348
Region 4 south10539660.3067179984.9779
11539648.3561179975.9124
24539704.0919179903.7208
25539714.0652179912.162
26539715.2125179913.7872

(11) In this article—

“new part of the river Thames” means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

“the river restrictions section” means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

“the river restrictions plan” means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

“the river Thames” means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

(12) Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).

(1)

As amended by section 46 of the Criminal Justice Act 1982 (c. 48).

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