The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

Restriction of works and dredging

26.—(1) Subject to paragraph (4), no person other than the conservancy authority may in the estuary—

(a) construct, alter, renew or extend any works; or

(b) dredge,

unless that person is licensed to do so as provided in paragraph (2).

(2) The person mentioned in paragraph (1)—

(a) must—

(i) in the case of works, have a works licence, and

(ii) in the case of dredging, have a dredging licence,

(b) must comply with all the terms and conditions, if any, upon which the licence is granted, and

(c) must carry out the works or dredging in accordance with plans, sections and particulars approved, as the case may be, under—

(i) article 28 (licensing of works), or

(ii) article 29 (licence to dredge).

(3) The conservancy authority may by notice require a person who contravenes this article, within a reasonable time specified in the notice—

(a) to remove, abate or rectify any work, operation or omission to which the contravention relates, and

(b) to restore the site of that work, operation or omission to its former condition, and

if the person fails to comply with the notice, the authority may carry out the works required to restore the site and may recover from that person the cost of so doing.

(4) Nothing in this article applies to—

(a) any operations or works specifically authorised by any enactment;

(b) any operations or works of a statutory undertaker; or

(c) any routine maintenance works that in the opinion of the conservancy authority will have no detrimental impact on the safety of navigation in the estuary.

(5) Any person who, without reasonable excuse, contravenes this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.