The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
16 Licence to dredge
(1) The Council may, upon such terms and conditions as it thinks fit, grant to any person a licence to dredge in any part of the port. (2) An application for a dredging licence must be made in writing to the Council and must be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence. (3) The Council may require modifications in the plans, sections and particulars submitted under paragraph (2) before granting a licence under this article. (4) Paragraphs (5) to (10) of article 15 (licensing of works) apply in relation to a dredging licence as they apply in relation to a works licence. (5) Any materials, other than wreck within the meaning of Part 9 of the 1995 Act (salvage and wreck), taken up or collected by means of dredging pursuant to a dredging licence— (a) are deemed the property of the holder of the licence; and (b) the holder of the licence may use, sell or otherwise dispose of, remove or deposit the materials as they think fit provided that any such material must not be laid down or deposited in any place within the port below the level of high water except— (i) in such positions as may be approved by the Council and the King’s Harbour Master, and (ii) subject to such conditions as may be imposed by the Council and the King’s Harbour Master. (6) If it appears to the holder of the dredging licence that the Council or the King’s Harbour Master has unreasonably withheld or refused approval under paragraph (5) or that any condition imposed by the Council or the King’s Harbour Master under that paragraph is unreasonable, that person may within 28 days from the date on which the Council or the King’s Harbour Master notifies the applicant of the decision, appeal to the Secretary of State whose decision is binding upon the parties. (7) Paragraphs (2) to (5) of article 17 (appeals in respect of works or dredging licences) apply in relation to any appeal made under paragraph (6).
16 Licence to dredge
(1) The Council may, upon such terms and conditions as it thinks fit, grant to any person a licence to dredge in any part of the port. (2) An application for a dredging licence must be made in writing to the Council and must be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence. (3) The Council may require modifications in the plans, sections and particulars submitted under paragraph (2) before granting a licence under this article. (4) Paragraphs (5) to (10) of article 15 (licensing of works) apply in relation to a dredging licence as they apply in relation to a works licence. (5) Any materials, other than wreck within the meaning of Part 9 of the 1995 Act (salvage and wreck), taken up or collected by means of dredging pursuant to a dredging licence— (a) are deemed the property of the holder of the licence; and (b) the holder of the licence may use, sell or otherwise dispose of, remove or deposit the materials as they think fit provided that any such material must not be laid down or deposited in any place within the port below the level of high water except— (i) in such positions as may be approved by the Council and the King’s Harbour Master, and (ii) subject to such conditions as may be imposed by the Council and the King’s Harbour Master. (6) If it appears to the holder of the dredging licence that the Council or the King’s Harbour Master has unreasonably withheld or refused approval under paragraph (5) or that any condition imposed by the Council or the King’s Harbour Master under that paragraph is unreasonable, that person may within 28 days from the date on which the Council or the King’s Harbour Master notifies the applicant of the decision, appeal to the Secretary of State whose decision is binding upon the parties. (7) Paragraphs (2) to (5) of article 17 (appeals in respect of works or dredging licences) apply in relation to any appeal made under paragraph (6).
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