PART 4SUPPLEMENTAL POWERS
Powers in relation to relevant navigations or watercourses
article 18 18.—(1) Subject to Schedule 14 (protective provisions) the undertaker may, for the purpose of or in connection with the carrying out and maintenance of the authorised development, regardless of any interference with any private rights—
article 18 1 a (a)temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse;
article 18 1 b (b)remove or relocate any moorings so far as may be reasonably necessary for the purposes of carrying out and of maintaining the authorised development;
article 18 1 c (c)temporarily moor or anchor vessels and structures;
article 18 1 d (d)construct, place, maintain and remove temporary works and structures within the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; and
article 18 1 e (e)interfere with the navigation of the relevant navigation or watercourse,
in such manner and to such extent as is reasonably necessary in connection with the carrying out and maintenance of the authorised development.
(2) Except in the case of emergency, the undertaker must use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by paragraph (1)(b) before the exercise of those powers.
(3) The undertaker must pay compensation to any person entitled to compensation who suffers any loss or damage from the exercise of the powers conferred by paragraph (1).
(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.
term relevant navigation (5) In this article “” means the river Thames within the Order limits or which may be affected by the authorised development.