The Humber Sea Terminal (Phase III) Harbour Revision Order 2006

6.—(1) Before commencing the construction of a specified work the Company shall procure at its expense in liaison with and to the reasonable satisfaction of the Agency a survey of any drainage work liable to be affected by that specified work.

(2) Any specified work, which provides a defence against flooding, shall be maintained by and at the expense of the Company to the reasonable satisfaction of the Agency;

(3) Without prejudice to sub-paragraph (2) but subject to sub-paragraph (4), the Company shall, from the commencement of the construction of the specified works and except to the extent that any approval given by the Agency under this Part of this Schedule permits otherwise, maintain in good repair and condition and free from obstruction any drainage work which is situated both within the limits of deviation and on land owned by the Company or which it otherwise has control of or is in occupation of for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers of this Order or is already in existence.

(4) The obligation imposed on the Company by sub-paragraph (3) does not apply where the Agency or another person is liable to maintain the drainage work in question and is not precluded by the exercise of the powers of this Order from doing so.

(5) If any drainage work referred to in paragraph (3) is not maintained in good repair and free from obstruction the Agency may by notice in writing require the Company to repair and restore the work, or any part of it, or (if the Company so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including sea defences) to its former condition, to such extent and within such limits as the Agency thinks proper.

(6) If, within a reasonable period being not less than 28 days from the date when a written notice under sub-paragraph (5) is served on the Company, the Company has failed to begin taking steps to comply with the reasonable requirements of the notice and thereafter to complete them within such reasonable period as may be specified in the notice, the Agency may take the steps specified in the notice and may recover the reasonable costs of doing so from the Company.

(7) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (5), the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (6) until the dispute has been finally determined.