Part IVProtective provisions

28Provisions applicable to last two sections

1

If any requirements of the protected authority under the relevant enactment conflict with any requirements of the Secretary of State under section 13 (Tidal works not to be executed without approval of Secretary of State) of this Act the latter shall prevail.

2

In any case where any plans have been submitted to both protected authorities and either or both those authorities disapprove such plans the plans shall not be deemed to have been approved unless approved by both the authorities and in any arbitration proceedings which may take place as a result of the disapproval of one of the authorities the protected authority which is not a party to those proceedings shall be entitled to be heard in such proceedings and the plans as settled by such arbitration shall be deemed to have been approved by such protected authority (whether or not it has been heard in the proceedings).

3

In this section—

  • “the protected authority” means A.B. Ports or the rivers authority;

  • “the relevant enactment” means, in relation to A.B. Ports, section 26 (For protection of A.B. Ports) of this Act and, in relation to the rivers authority, section 27 (For protection of rivers authority) of this Act.