## FOR THE PROTECTION OF THE HARBOUR AUTHORITY 

## PART 5 

53.  For the protection of the harbour authority the provisions of this Part of this Schedule, have effect unless otherwise agreed in writing. 

54.  In this Part of this Schedule— 

“accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation at or in the approaches to Lowestoft Harbour; 

“erosion” means any erosion of the bed or banks of the lake or any quay or jetty or other structure of whatever nature within Lowestoft Harbour; 

“plans” includes sections, descriptions, drawings, specifications, proposed method statements and hydraulic information, including but not limited to information as to the discharge of water and materials; 

“port land” means any land in Lowestoft Harbour held by the harbour authority for the purposes of its statutory undertaking; and 

“specified work” means any tidal work or any other work or operation authorised by this Order on port land or which may affect port land or navigation in respect of Lowestoft Harbour of the functions or the harbour authority in relation to the operation of Lowestoft Harbour. 

55. —(1) The undertaker must not, under the powers conferred by this Order, temporarily possess, acquire or use, or acquire new rights over, port land without the consent of the harbour authority. 

(2) The undertaker must not exercise the powers conferred by article 17 (authority to survey and investigate land) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any port land without the consent of the harbour authority. 

(3) The powers conferred by article 29 (power to override easements and other rights) do not apply to any rights held by the harbour authority for the purpose of its statutory undertaking, except with the consent of the harbour authority. 

(4) The consent of the harbour authority under this paragraph must not be unreasonably withheld but may be given subject to reasonable conditions. 

(5) If the harbour authority fails to express its refusal or approval of any request for a consent under— 

(a) sub-paragraph (1) in respect of temporary possession powers; 

(b) sub-paragraph (2); or 

(c) sub-paragraph (3), 

within 30 days of such a request having been delivered to it, and the harbour authority has not requested an extension of time to give its consent from the undertaker prior to the expiration of the 30 days which the undertaker has granted, acting reasonably, such a request is deemed to have been refused by the harbour authority. 

(6) If the harbour authority fails to express its approval of any request for a consent under sub- paragraph (1), (2) or (3) at the expiration of the extension of time granted by the undertaker under sub-paragraph (5), such a request is deemed to have been refused by the harbour authority. 

56. —(1) At least 56 days before commencing the construction or maintenance of any specified work, the undertaker must submit to the harbour authority plans of that work for its approval. 

(2) Any approval of the harbour authority under this paragraph— 

(a) must not be unreasonably withheld; 

(b) may be given subject to such reasonable requirements as the harbour authority may make for the protection of Lowestoft Harbour and navigation within Lowestoft Harbour and the 

