Gosport Borough Council (Forton Lake Opening Bridge) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2400 |
| Year | 1999 |
1999 No. 2400
TRANSPORT AND WORKS, ENGLAND
The Gosport Borough Council (Forton Lake Opening Bridge) Order 1999
Made 20th July 1999
Coming into force 10th August 1999
Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 3 and 5 of the Act;
And whereas the Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 19643;
And whereas the Secretary of State received no objections to that application;
And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 19th July 1999;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 3 and 5 of, and paragraphs 1, 2, 7, 8, 10, 13, 15 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:–
Citation and commencement
1. This Order may be cited as the Gosport Borough Council (Forton Lake Opening Bridge) Order 1999 and shall come into force on 10th August 1999.
Interpretation
2.—(1) In this Order–
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the bridge” means Work No. 2 referred to in the Schedule to this Order;
“the Council” means the Council of the borough of Gosport;
“the deposited plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the plans” for the purposes of this Order;
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Queen’s Harbour Master” means the person appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 18654;
“the scheduled works” means the works specified in the Schedule to this Order;
“tidal work” means so much of any work authorised by this Order as is in, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 19685.
(2) References in this Order to reference points shall be construed as references to Ordnance Survey National Grid Reference points.
(3) All directions, distances and reference points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after such direction, distance and reference points.
Power to construct etc. works
3.—(1) The Council may construct and maintain the scheduled works and for the purposes of constructing those works the Council may demolish and remove the derelict bridge which lies within the limits of deviation at the date of the making of this Order.
(2) Subject to article 4 below, the scheduled works shall be constructed in the lines and situations, within the limits of deviation and in accordance with the levels shown on the deposited sections.
(3) The Council may operate the bridge and may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works, namely–
(a)
(a) works to install, or alter the position of, apparatus, including mains, sewers, drains and cables, and
(b)
(b) works for the benefit or protection of premises affected by the scheduled works.
Power to deviate
4. In the construction or maintenance of the scheduled works, the Council may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding–
(a) 3 metres upwards as to any part of the scheduled works,
(b) 1 metre downwards as to the decking of the bridge, and
to any extent downwards as to any other part of the scheduled works.
Power to make subsidiary works
5. Subject to the provisions of this Order the Council may from time to time within the limits of deviation or on any land vested in the Council at the date of the making of this Order, construct and maintain, whether temporarily or permanently, all such works as may be requisite or expedient for the purposes of, or in connection with, the construction, maintenance and use of the scheduled works.
Drainage of authorised works
6.—(1) The Council may use Forton Lake for the drainage of water in connection with the construction or maintenance of the authorised works.
(2) This article does not dispense with the need for any consent required by any of the water pollution provisions of the Water Resources Act 19916in relation to any discharge in connection with the construction or maintenance of the authorised works or affect any powers of the Environment Agency under any of those provisions.
Temporary closing of Forton Lake in connection with works
7.—(1) Notwithstanding anything in any other enactment or in any rule of law, the Council may temporarily close Forton Lake, or any part thereof, to navigation in the course of executing any works or doing anything authorised by or under this Order.
(2) In exercise of the powers conferred by paragraph (1) above–
(a)
(a) the Council shall execute such works or do such things as may be required to ensure that at any time no more of Forton Lake is closed than is reasonably necessary in all the circumstances, and
(b)
(b) should it be necessary at any time to close the whole of Forton Lake to navigation, the Council shall use its best endeavours to secure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use Forton Lake.
(3) Before exercising the power conferred by paragraph (1) above the Council shall–
(a)
(a) publish a notice of its intention to do so in Lloyds List and once in each of two successive weeks in a local newspaper published or circulating in the borough of Gosport, with an interval between the dates of publication of not less than 6 clear days, and
(b)
(b) display notice of its intention in a conspicuous position adjacent to Forton Lake.
(4) Each of the notices required by paragraph (3) above shall–
(a)
(a) state that the Council intends to execute the works or to do anything authorised by or under this Order (as the case may be) and for that purpose to close temporarily Forton Lake or such part of Forton Lake as is specified in the notice to navigation, and
(b)
(b) specify a date, which shall be a date not earlier than 14 days after the last date on which a notice is published pursuant to paragraph (3)(a) above and the duration of the closure.
Tidal works not to be executed without approval of Secretary of State
8.—(1) A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
(2) If a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article–
(a)
(a) the Secretary of State may by notice in writing require the Council at its own expense to remove the tidal work and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Council, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or
(b)
(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Lights on tidal works
9.—(1) The Council shall at or near a tidal work during the whole time of the construction, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State after consulting the Queen’s Harbour Master shall from time to time direct.
(2) If the Council fails to comply with any requirement of a direction given under paragraph (1) above, it shall be guilty of an offence...
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