The Cornwall Harbours Harbour Revision Order 2023
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Change 1
21 Restriction of works and dredging
(1) Subject to paragraph (3), no person other than the Council shall, on, under, in or over tidal waters or land below the level of high water in the harbours— (a) construct, alter, renew or extend any works, unless that person is licensed to do so by a works licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved under article 23 (licensing of works); (b) dredge, unless that person is licensed to do so by a dredging licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with the plans, sections and particulars approved under article 24 (licence to dredge). (2) The Council may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the works so required and may recover from that person the cost of so doing. (3) Nothing in this article shall apply to— (a) any operations or works specifically authorised by any enactment; (b) any operations or works of a statutory undertaker; (c) any operations or works authorised by a moorings licence granted under article 52 (power to licence moorings). (4) Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
21 Restriction of works and dredging
(1) Subject to paragraph (3), no person other than the Council shall, on, under, in or over tidal waters or land below the level of high water in the harbours— (a) construct, alter, renew or extend any works, unless that person is licensed to do so by a works licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved under article 23 (licensing of works); (b) dredge, unless that person is licensed to do so by a dredging licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with the plans, sections and particulars approved under article 24 (licence to dredge). (2) The Council may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the works so required and may recover from that person the cost of so doing. (3) Nothing in this article shall apply to— (a) any operations or works specifically authorised by any enactment; (b) any operations or works of a statutory undertaker; (c) any operations or works authorised by a moorings licence granted under article 52 (power to licence moorings). (4) Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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