The Montrose Harbour Revision Order 1993

Power to dredge

5.—(1) The Authority may deepen, widen, dredge, scour and improve the bed and foreshore of the harbour and of the approaches to the harbour and may blast any rock within the harbour or in the approaches thereto.

(2) Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894(1)) taken up or collected in the course of such operations shall be the property of the Authority and may be used, sold, removed, deposited or otherwise disposed of as the Authority may think fit:

• Provided that the Authority shall not lay down or deposit any materials below the level of high water except in such position as the Secretary of State may approve and subject to such conditions and restrictions as he may impose.

(3) In the exercise of the powers of this article the Authority shall not—

(a)interfere with or damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b)do anything which will obstruct or impede any work relating to the inspection or repair of such apparatus;

without the consent of the statutory undertaker concerned.

(4) The powers of the Authority under this article shall be exercisable subject to the provisions of article 9 (Crown rights) of this Order and in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions, including the payment by the Authority to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Authority under this article or in respect of any place below the level of high water upon which materials may be deposited, as may be fixed by the Crown Estate Commissioners.

(5) In this article “statutory undertaker” means—

(a)any person who is a statutory undertaker within the meaning of section 275(1) of the Town and Country Planning (Scotland) Act 1972(2);

(b)a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949(3); or

(c)any operator of a telecommunication code system; and in this sub-paragraph “operator” and “telecommunication code system” have the same meaning as in the Telecommunications Act 1984(4).