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Part IIIWorks

16Power to dredge

(1)Subject to the provisions of section 24 (Crown rights) of this Act, the Company may, for the purposes of constructing and maintaining the works from time to time deepen, dredge, scour, cleanse, alter and improve the foreshore and bed of the sea and blast any rock and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the [1894 c. 60.] Merchant Shipping Act 1894) from time to time dredged by them:

Provided that no materials so dredged, other than those dredged for the purpose of constructing the works or filling in and reclaiming from the foreshore and bed of the sea so much of the foreshore and bed of the sea as is situated within the limits of deviation, shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.

(2)The right conferred by subsection (1) above may only be exercised with the consent of the Commissioners such consent not to be unreasonably withheld.

(3)Any dispute as to whether or not consent sought pursuant to subsection (2) above is being unreasonably withheld shall be determined by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institute of Arbitrators.