SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 7FOR THE PROTECTION OF THE RELEVANT NAVIGATION AUTHORITY
schedule 15 paragraph 107 107. For the protection of the relevant navigation authority the following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and the relevant navigation authority, have effect.
schedule 15 paragraph 108 108. In this Part of this Schedule—
term river work “river work” means any works forming part of the authorised development which are in or over the river Cam or which require interference with the movement of river traffic on the river Cam;
term temporary river work “temporary river work” means those river works which are temporary in nature and which do not form part of the permanent works in or over the river Cam.
River works
schedule 15 paragraph 109 109.—(1) Save in an emergency, the undertaker will not commence any river work until—
schedule 15 paragraph 109 1 a (a)it has supplied to the relevant navigation authority plans of that river work showing the detailed design, work programme and any associated temporary or permanent interference with rights of navigation pursuant to articles 44(1) and 44(2) (rights on the river Cam); and
schedule 15 paragraph 109 1 b (b)it has provided 42 days’ written notice of the intention to commence such river work.
(2) The relevant navigation authority must provide any comments on the plans submitted pursuant to sub-paragraph (1)(a) within 28 days of receipt and the undertaker must have reasonable regard to those comments insofar as they relate to the maintenance of the safe movement of traffic on the river Cam.
(3) The undertaker must carry out all river work—
schedule 15 paragraph 109 3 a (a)in accordance with such details as have been provided to the relevant navigation authority pursuant to this paragraph 109;
schedule 15 paragraph 109 3 b (b)so that the movement of river traffic on the river Cam is not restricted more than is reasonably practicable in order to carry out the relevant river work; and
schedule 15 paragraph 109 3 c (c)in compliance with the reasonable requirements of the relevant navigation authority.
(4) Upon completion of any river work, the undertaker must—
schedule 15 paragraph 109 4 a (a)remove as soon as is reasonably practicable any temporary river work and associated materials; and
schedule 15 paragraph 109 4 b (b)as soon as reasonably practicable following the removal of any temporary river work pursuant to sub-paragraph (4)(a), to make good the site of any temporary river work including any damage to walls or banks arising from undertaking the river work so as not to cause any interference with the movement of river traffic.
(5) In carrying out any river work, the undertaker must not—
schedule 15 paragraph 109 5 a (a)deposit in or allow to fall or be washed into the river Cam any gravel, soil or other material except to the extent permitted by this Order; and
schedule 15 paragraph 109 5 b (b)discharge or allow to escape either directly or indirectly into the river Cam any offensive or injurious matter.
Details for approval
schedule 15 paragraph 110 110.—(1) The undertaker must, at the same time as the provision of the plans pursuant to paragraph 109(1)(a) of this Part of this Schedule, provide for the approval of the relevant navigation authority—
schedule 15 paragraph 110 1 a (a)details of the extent of any temporary suspension of rights of navigation required pursuant to article 44(3) (rights on the river Cam) in order to carry out the relevant river work and the undertaker must not interfere with any rights of navigation pursuant to article 44(3) except in accordance with this paragraph 110; and
schedule 15 paragraph 110 1 b (b)details of any temporary or permanent signage required in connection with the river work.
(2) The relevant navigation authority must respond in writing within 42 days of the request for approval under sub-paragraph (1) to either give approval to the details as submitted or suggest amendments to the details provided, but any such amendment must not materially affect or delay the efficient delivery of the relevant river work and must be suggested only where the relevant navigation authority considers such amendment necessary (acting reasonably) in accordance with its functions and duties in its capacity as the relevant navigation authority.
(3) If the relevant navigation authority provides pursuant to sub-paragraph (2) any suggested amendments to the details provided, the undertaker must within 14 days confirm whether those amendments are accepted and in the event the undertaker agrees to the amendments, the undertaker must carry out the relevant river work in accordance with those amendments. In the event the undertaker does not agree to the amendment, the dispute may be referred to and settled by arbitration in accordance with article 52 (arbitration) and the relevant river work is to be undertaken in accordance with the terms of the final determination.
(4) If the relevant navigation authority fails to respond to the undertaker’s request for approval pursuant to this paragraph 110 within 42 days, approval is deemed to have been given.
(5) The undertaker must pay the relevant navigation authority a sum equal to the whole of any costs and expenses reasonably and properly incurred by the relevant navigation authority in relation to any approvals sought under this paragraph 110 within 30 days of written evidence of such costs and expenses.
Intention to commence Work No. 31 and Work No. 32
schedule 15 paragraph 111 111. The undertaker will provide to the relevant navigation authority at least 42 days’ written notice of the intention to commence Work No. 31 and Work No. 32.
Expenses
schedule 15 paragraph 112 112. Any reasonable and proper additional expenses not otherwise provided for in this Part of this Schedule which the relevant navigation authority incurs in managing or maintaining the river under any powers existing at the making of this Order by reason of the construction of any river work or temporary river work must be repaid by the undertaker to the relevant navigation authority (but subject to the submission to the undertaker, to its reasonable satisfaction, of written evidence that the additional expenses are a direct result of the construction of the river work or temporary river work and on the proviso that there will be no double recovery).
Indemnity
schedule 15 paragraph 113 113.—(1) Subject to the provisions of this paragraph 113, the undertaker agrees to indemnify the relevant navigation authority from and against such charges, claims, demands, damages, expenses, liabilities and losses, (together, “losses”) suffered or reasonably incurred by the relevant navigation authority to the extent that any losses are directly caused by—
schedule 15 paragraph 113 1 a (a)the construction of a river work or a temporary river work; or
schedule 15 paragraph 113 1 b (b)any act or omission of the undertaker or of its officers, employees, servants, contractors or agents whilst engaged in—
schedule 15 paragraph 113 1 b i (i)the construction or carrying out of maintenance of the river work or a temporary river work; or
schedule 15 paragraph 113 1 b ii (ii)seeking to remedy any failure of the river work or a temporary river work.
(2) The relevant navigation authority must mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under sub-paragraph (1) and must, if requested by the undertaker, provide an explanation of how any claim under the indemnity in sub-paragraph (1) has been mitigated.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any losses referred to in that sub-paragraph to the extent that they are—
schedule 15 paragraph 113 3 a (a)attributable to the negligence or wilful misconduct of the relevant navigation authority or of its officers, employees, servants, contractors or agents; or
schedule 15 paragraph 113 3 b (b)not within the reasonable control of the undertaker or of its officers, employees, servants, contractors or agents.
(4) The relevant navigation authority must give to the undertaker notice in writing of any losses for which the undertaker may be liable under this paragraph 113 as soon as reasonably possible and no settlement or compromise of them may be made without the prior written consent of the undertaker which, if it notifies the relevant navigation authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand shall be made without the consent of the relevant navigation authority (which shall not be unreasonably withheld). If consent is not given by the undertaker, the relevant navigation authority shall diligently defend such claim or demand.
Disputes
schedule 15 paragraph 114 114. Any difference arising between the undertaker and the relevant navigation authority under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) must be referred to and settled by arbitration in accordance with article 52 (arbitration).