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PART 6OPERATIONS

Protection of the tunnel area, etc.

48.—(1) Subject to paragraph (2) —

(a)the PLA must not, whether under the 1968 Act or otherwise, carry out, or grant a river works licence or a river dredging licence to carry out the restricted first and second protection zone activities; and

(b)no other person may carry out the restricted first and second protection zone activities,

without the consent of the undertaker.

(2) Notwithstanding paragraph (1), a consent under that paragraph is not required in connection with—

(a)the PLA carrying out or granting a river works licence or a river dredging licence to carry out the exempt second protection zone activities; or

(b)any other person carrying out the exempt second protection zone activities.

(3) Any consent given to the PLA under this article to carry out or grant a river works licence or a river dredging licence is a consent for the purposes of this article to the holder of that licence to carry out any restricted first and second protection zone activities authorised by that licence.

(4) If the PLA or any other person contravenes the provisions of paragraph (1), the undertaker may by notice in writing require the PLA or any other person that has contravened the provision of paragraph (1) to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of the undertaker) within a reasonable time specified in the notice and to restore the part of the river Thames or land concerned to its former condition and make good any impairment or damage to the tunnel area.

(5) If the person to whom a notice under paragraph (4) is given fails to comply with that notice, the undertaker may carry out the work required by the notice and recover the costs of so doing from that person.

(6) A consent under this article may be given unconditionally or subject to terms and conditions and must not be unreasonably withheld.

(7) If the undertaker receives an application for consent under this article from the PLA and fails to notify the sender of its decision before the end of the period of 28 days beginning with the date after the application was made, it is deemed to have granted consent.

(8) The undertaker must—

(a)designate the person to whom an application for consent should be made under paragraph (1) and may from time to time alter any such designation; and

(b)give the PLA written notification of any such designation.

(9) From the date Work No. 5A or Work No. CA5 is commenced, the permission under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987(1) to anchor or berth vessels in the area identified as Higham bight anchorage under the licence dated 28 May 1992 with the reference 9/92 may not be varied or otherwise modified without the consent of the undertaker, and that licence ceases to have effect insofar as the vessel is carrying—

(a)substances or articles which have a mass explosion hazard;

(b)substances or articles which have a projection hazard; or

(c)any other substances or articles which—

(i)may affect the safe construction, maintenance or operation of the tunnel area and which are designated for the purposes of this sub-paragraph by the undertaker with the agreement of the Health and Safety Executive and the PLA; and

(ii)following a designation under sub-paragraph (i), have been published on a website operated by the undertaker or the Health and Safety Executive.

(10) In this article —

“any other activity” includes any activity which constitutes a “material operation” under section 56(4) of the 1990 Act or “works” under the 1968 Act;

“commenced” has the same meaning as the definition of commence in Schedule 2 (requirements) to this Order;

“the restricted first and second protection zone activities” means the following activities within the part of the river Thames that is situated within the first protection zone or second protection zone shown on the river restrictions plan—

(a)

any dredging;

(b)

the installation of a mooring or other structure;

(c)

any piling activities;

(d)

any designation of any anchorage;

(e)

any excavations, trial holes, boreholes and other investigations; or

(f)

any other activity which might reasonably be expected to affect the safe construction, maintenance or operation of the tunnel;

“river works licence” means a licence granted by the PLA under section 66 (licensing of works) of the 1968 Act;

“river dredging licence” means a licence granted by the PLA under section 73 (licensing of dredging, etc.) of the 1968 Act;

“the exempt second protection zone activities” means the following activities within the part of the river Thames that is situated within the second protection zone shown on the river restrictions plan—

(g)

any dredging provided it does not result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 12.5 metres below chart datum subject to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed;

(h)

non-intrusive ground investigations, surface sampling, vibrocoring and surveys;

(i)

shallow piling activities and excavations; and

(j)

where such activities either alone or together do not lead to a concurrent load of 50kPA or more on the bed of the river Thames within the Order limits—

(i)

the use of anchorages and placing of moorings and navigational marks and the grounding of a barge for any of these purposes;

(ii)

the maintenance of groynes, mooring placements, navigational marks, scour protection, river walls and revetements and the grounding of a barge for any of these purposes;

(iii)

mooring marine plant in connection with the activities in sub-paragraphs (b) and (d)(i) and (ii).