Portsmouth Harbour (Gunwharf Quays) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/50
Year1999

1999 No. 50

TRANSPORT AND WORKS

The Portsmouth Harbour (Gunwharf Quays) Order 1999

Made 13th January 1999

Coming into force 3rd February 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 notice of the Secretary of State’s determination to make this Order was published in the London Gazette on 12th January 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, 4, 5, 7, 8, 10, 15, 16 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:–

1 PRELIMINARY

PART I

PRELIMINARY

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Portsmouth Harbour (Gunwharf Quays) Order 1999 and shall come into force on 3rd February 1999.

S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

“authorised works” means the scheduled works and any other works authorised by this Order;

“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;

“maintain” includes inspect, repair, adjust, remove, reconstruct, and replace and “maintenance” shall be construed accordingly;

“the scheduled works” means the works specified in Schedule 1 to this Order;

“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal land below the level of mean high water springs;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“the undertaker” means the Berkeley Festival Waterfront Company Limited.

(2) All directions, distances and dimensions stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such reference.

2 WORKS PROVISIONS

PART II

WORKS PROVISIONS

S-3 Power to construct works

Power to construct works

3.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 4 below, the scheduled works shall only be constructed in the situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) The undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary, convenient or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(4) The undertaker may break out and remove in so far as may be necessary and convenient for the construction and maintenance of the scheduled works any such structures as are wholly contained within the limits of deviation.

S-4 Power to deviate

Power to deviate

4. In constructing or maintaining the scheduled works, the undertaker may–

(a) deviate laterally from the situations shown on the deposited plans within the limits of deviation,

(b) deviate vertically from the levels shown for those works on the deposited sections–

(i) to any extent not exceeding 5 metres upwards, or

(ii) to any extent downwards as may be necessary or convenient, and

(c) deviate vertically from the levels shown on the deposited sections for the buildings and other structures for commercial and leisure purposes comprised in Work No. 1 to any extent upwards as may be necessary or convenient.

S-5 Discharge of water

Discharge of water

5.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.

(2) The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.

(3) The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4) The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(5) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 19914.

(6) In this article–

(a)

(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, a local authority or a harbour authority within the meaning of the Harbours Act 19645,

(b)

(b)...

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