The South Hampshire Rapid Transit Order 2001

Additional powers for tunnel

21.—(1) Without prejudice to the other powers conferred by this Order or otherwise available to it, the undertaker may within the tunnel area for the purposes of or in connection with the construction or maintenance of the tunnel and notwithstanding any interference thereby with any public or private rights—

(a) alter, relocate or replace any tidal work,

(b) carry out excavations and clearance, dredging, deepening, dumping and pumping operations,

(c) use, appropriate and dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(1)) obtained by it in carrying out any such operations,

(d) remove or relocate any mooring,

(e) remove and, relocate any vessel or structure sunk, stranded or abandoned or moored or left (whether lawfully or not),

(f) temporarily moor or anchor vessels and structures,

(g) temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of the harbour,

(h) construct, place, maintain and remove temporary works and structures,

in such manner and to such extent as may appear to it to be necessary or convenient.

(2) Except in the case of urgency, the undertaker will use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers of paragraph (1)(d) or (e) above before the exercise of that power.

(1)

1995 c. 21.