The Gloucester Harbour Revision Order 1994

Licensing of works

19.—(1) The Trustees may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with the public right of navigation or any other public right by such works as constructed, altered, renewed, or extended.

(2) Application for a works licence shall be made in writing to the Trustees and shall—

(a)be accompanied by plans, sections and particulars of the works to which the application relates;

(b)specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted;

and, in granting a licence, the Trustees may require modifications in the plans, sections and particulars so submitted.

(3) The Trustees may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application.

(4) The Trustees may require a licensee, being an applicant to whom a licence has been granted or his successor, where works are constructed pursuant to the licence and as a condition of the grant of the licence to pay such reasonable fees in respect of the Trustees' administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.

(5) (a) On receipt of an application for a works licence the Trustees shall serve on the National Rivers Authority a copy of the application and all plans, sections and particulars incidental thereto.

(b)The Trustees shall consider such observations as the National Rivers Authority may submit to the Trustees within six weeks after service on the National Rivers Authority of the application and particulars in accordance with paragraph (a) above, and the Trustees shall not grant a works licence before the expiry of that period.

(c)In granting a works licence the Trustees shall impose on the applicant such terms and conditions as give effect to such reasonable requirements as the National Rivers Authority may, within the said period, make in any observations to the Trustees to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired.

(d)The provisions of subparagraph (c) above are subject to the Trustees' duty under paragraph (5) of article 21 of this Order to give effect to any direction given by the Secretary of State under that paragraph.

(6) Where the Trustees refuse to grant a works licence which has been applied for, they shall give reasons in writing for their refusal.

(7) Where the Trustees grant a works licence upon terms or conditons or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.

(8) If within three months from the receipt of the application under paragraph (2) above the Trustees do not grant a works licence they shall be deemed to have refused the application.

(9) Articles 23 to 26 of this Order shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Trustees as respects works belonging to the Trustees.

(10) In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not—

(a)interfere with, 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 any such apparatus;

without the consent of the statutory undertaker concerned.

(11) Nothing in this article affects the application in relation to any works of section 109 of the Water Resources Act 1991(1) (obstruction of a main river).