§ (1) In this Section unless the context otherwise requires—
- (a)"the port authority" means the Port of London Authority;
- (b) "the river" means the part of the River Thames which is within the jurisdiction of the port authority and includes the bed, banks and shores thereof;
- (c) "the river works" means such part of any of the works authorised by Section one of this Act as is situate in, on, over or under the river.
§ (2) The river works shall be executed in accordance with plans and sections approved by the port authority before the works are commenced, and the under side of each navigation opening of the river footbridge shall be not less than twenty-five feet above the level of Trinity high water.
§ (3) The following provisions shall have effect with respect to the construction of the river works, that is to say—
- (a) the traffic of the river shall not be interfered with more than may be reasonably necessary;
- (b) such floating booms, if any, as the port authority may think necessary to secure safety of navigation shall be provided by the Council in accordance with plans approved by the port authority;
- (c) all piles and other works not forming part of any of the river works but placed in, on, over or under the river for the purpose of its construction shall be drawn from the river by the Council on or before the completion of the work or, if it is not reasonably practicable immediately to draw them from the river, shall be cut off at such level below the level of the bed of the river as the port authority may approve;
- (d) the Council shall not, without the previous consent of the port authority—
- (i) take any gravel, soil or other material from the river, except so far as may be necessary in the construction of the river works; or
- (ii) dredge any part of the river.
§ (4) Without prejudice to Section six of this Act, the Council shall within the period allowed under that Section completely remove any of the river works which is temporary, and any piles or other works placed in, on, over or under the river for the purpose of constructing or removing it (including those cut off under the last foregoing Subsection); and paragraphs (a), (b) and (d) of the last foregoing Subsection shall apply in relation to the removal of the river works as they apply in relation to their construction.
§ (5) If the Council fail to remove any of the river works or to remove, draw or cut off any piles or other works as required by either of the last two foregoing Subsections after receipt of a request in that behalf from the port authority, the port authority may do so and may dispose of any materials obtained by so doing.
§ (6) Owners and masters of vessels shall not be liable to make good damage caused to any of the river works, or to any piles or other works placed in, on, over, or under the river for the purpose of its construction or removal, except damage arising from the wilful act of default of such owners or masters or their servants or agents.
84§ (7) The Council shall, during the construction of the river works, and during the subsequent repair and removal thereof, hang out and exhibit on or near to the works, and on the works when completed, every night from sunset to sunrise such lights (to be kept burning by and at the expense of the Council), and during every day such marks, as the port authority may think necessary to secure the safety of navigation, and the lights and marks shall be so placed and used as the port authority may from time to time approve; and for any contravention of this Subsection the Council shall be liable on summary conviction to a fine not exceeding twenty pounds.
§ (8) Before applying to the Minister of Transport for him to approve a determination that a landing stage authorised by Section one of this Act shall not be temporary, the Council shall give the port authority fourteen days' notice of their intention so to do, and before approving any such determination the Minister shall consider any representations made to him by the port authority.
§ (9) The Council shall on demand pay to the port authority—
- (a) any expenses reasonably incurred by the port authority in carrying out a survey of the river in the vicinity of the site of any of the river works for the purpose of ensuring that Subsection (4) of this Section has been complied with;
- (b) any expenses reasonably incurred by the port authority in the exercise of the powers conferred on the port authority by Subsection (5) of this Section less the value of any materials obtained by the port authority in the exercise of the powers;
- (c) any expenses reasonably incurred by the port authority in altering, removing, repositioning and subsequently replacing any moorings and mooring chains, in such manner as the port authority think necessary or desirable by reason of the construction of the river works, and in any work of dredging which the port authority think necessary or desirable as aforesaid or otherwise in removing any silt which may have accumulated in the vicinity of any of the river works as the result of and during the existence thereof.
§ (10) Nothing in this Act shall authorise the Council to discharge or allow to escape either directly or indirectly into the river or its tributaries any offensive or injurious matter in suspension or otherwise, or shall affect the operation of Sections two hundred and twenty-six to two hundred and thirty-nine of the Port of London (Consolidation) Act, 1920 (which relate to pollution).
§ (11) The port authority shall not unreasonably withhold any approval or consent required under this Section, and where any plan, Section or proposal requiring such approval or consent is delivered to the port authority the approval or consent shall be deemed to have been given if the port authority do not within one month of the delivery express their disapproval.
§ (12) Subject to the last foregoing Subsection, any approval, disapproval, consent or request of the port authority under this Section shall be in writing under the hand of their secretary or other authorised officer.
85§ (13) Any difference arising between the Council and the port authority under this Section shall be referred to and settled by a single arbitrator to he appointed in default of agreement by the President of the Institution of Civil Engineers.—[Mr. Barnes.]
§ Brought up, and read the First time.
§ Mr. BarnesI beg to move, "That the Clause be read a Second time."
This is a protective Clause for the Port of London Authority. I understand it is an agreed Clause between the Port of London Authority and the London County Council, and covers all their usual arrangements in connection with the river and the Port of London area.
§ Question put, and agreed to.
§ Clause read a Second time, and added to the Bill.
§ Schedules agreed to.
§ Bill reported, with Amendments; as amended, considered; read the Third time, and passed.