Provisions for avoiding Obstructions to Navigation and Interference with telegraphic, &c., Lines

Avoidance of obstruction or danger to navigation by pipe-lines over or under harbour waters.
39
1
No person shall place a length of pipe-line above or beneath the surface of waters over which a harbour authority have jurisdiction except with the consent of the authority and subject to such (if any) reasonable conditions as they may impose for securing that the length does not constitute an obstruction or danger to navigation.
2
Consent, for the purposes of this section, of a harbour authority shall not be unreasonably withheld, and if a dispute arises—
a
whether consent, for those purposes, of such an authority is unreasonably withheld, or
b
whether conditions imposed under this section by such an authority are reasonable,
it shall be referred to and determined by the Secretary of State.
3
A person who contravenes subsection (1) of this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
4
In this section “harbour authority” has the same meaning as in section 8 of the Prevention of Oil Pollution Act 1971.

Avoidance of interference with telegraphic, &c., lines.
40
1
Electrical apparatus forming part of a pipe-line shall be so constructed, installed and used as to prevent interference with any telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such systemor with any apparatus used by railway undertakers for the purpose of signalling, or of controlling, directing or securing the safety of, traffic on their railway or the proper functioning of such apparatus.
2
Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(a), Sch. 5 para. 45
S. 40(2) substituted for subsections (2) and (3) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(b), Sch. 5 para. 45
S. 41 repealed by General Rate Act 1967(c. 9), s. 117(11), Sch. 14
Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 6
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17 (2)(a)
1971 c. 60.