The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Licensing of dredging S

28.—(1) CMAL may upon such terms and conditions as it thinks fit grant to any person a licence to dredge in any part of the harbour.

(2) Applications for a dredging licence shall be made in writing to CMAL and shall be accompanied by—

(a) plans, sections and particulars defining the nature, extent and manner of the operations in respect of which application is made; and

(b) a copy of a notice published in a newspaper circulating in the locality of the harbour stating that it is intended to make the application containing a general direction of the position, nature, extent and manner of those operations specifying a place where a copy of the plans, sections and particulars of the proposed operations may be inspected at all reasonable hours and stating that any person who desires to object to CMAL to the grant of the application should do so in writing stating the grounds of his objection before the expiration of the period of 28 days from the date of publication of the notice.

(3) In deciding whether or not to grant a dredging licence or as to the terms and conditions to be included in the licence CMAL shall take into consideration any objection made to them in accordance with paragraph (2)(b) above (hereinafter in this article and in article 29 below referred to as a competent objection) and in granting a licence CMAL may require modification in the plans, sections and particulars submitted to them by the applicant.

(4) If CMAL decides to grant a dredging licence it shall give notice of its decision to the applicant and to any person who has made a competent objection and has not withdrawn it.

(5) If within 3 months from the date of making an application under paragraph (2) above CMAL does not notify the applicant of its decision whether to grant a dredging licence it shall be deemed to have refused the application.

(6) Unless otherwise agreed between CMAL and the licensee any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995) taken up or collected by means of dredging in pursuance of a dredging licence shall, in so far as they are not the property of CMAL before being taken up or collected become the property of CMAL and the provisions of paragraph (3) of article 9 above shall apply to such materials which are or become the property of CMAL.

(7) CMAL may charge a reasonable fee for the grant of a licence under this article.

(8) The grant of a licence under this article has effect for the purposes of article 26 above and confers no other authority for the carrying out of the operations covered by the licence.

(9) In the execution of any works to which a dredging licence relates the holder of the licence shall not damage or injuriously affect any electrical plant or electric line (as respectively defined in section 64 of the Electricity Act 1989(1)) belonging to or used or maintained by Scottish Power plc or, without the consent of that company, interfere with or adversely affect the operation of any such line or work.

Commencement Information

I1 Art. 28 in force at 14.1.2015, see art. 1

(1)

1989 c.29.