United Kingdom Statutory Instruments

(a) works to alter the position of apparatus, including mains, sewers, drains and cables;

(b) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;

(c) works for the benefit or protection of premises affected by the scheduled works; and

(d) monitoring and surveying the Ouseburn.

    (5) Without prejudice to the generality of paragraph (4), within the limits of deviation or on any land to be acquired or used by the Council for the purposes of this Order the Council may, for the purposes of, and for purposes ancillary to, the construction or maintenance of the authorised works—

(a) make junctions and communications between any of those works and any watercourses and any existing streets, roads, ways, river walls, bridges and footpaths;

(b) make, provide and maintain all necessary or convenient—


(i) buildings, walls, banks, embankments, slipways, pavings, yards, moorings;

(ii) rollers and other facilities for transporting boats; and

(iii) piling, fences, culverts, drains, intakes, syphons, watercourses, weirs, sluices, wharves, mattresses, pitching, gabions, roads, bridges, paths, mains, pipes, cables, wires, machinery works and appliances.

(a) break up or open the street, or any sewer, drain, or tunnel under it, or tunnel or bore under the street;

(b) place apparatus in the street;

(c) maintain apparatus in the street or change its position; and

(d) execute works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

(a) for the purposes of the construction, operation or maintenance, of the scheduled works; or

(b) for the purpose of facilitating the navigation of vessels; or

(c) for the purpose of ensuring the water level upstream of the scheduled works is always higher than the level of the bed of the Ouseburn.

(a) the Secretary of State may by notice in writing require the Council at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of a period of 30 days from the date on which the notice is served, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition,

(a) enter upon and take temporary possession of any land within the limits of land to be acquired or used if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

    (2) Paragraph (1) shall not authorise the Council to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

    (3) Not less than 28 days before entering upon and taking temporary possession of land under this article the Council shall serve notice of the intended entry on the owners and occupiers of the land.

    (4) The Council may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.

    (5) Before giving up possession of land of which temporary possession has been taken under this article, the Council shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

    (6) The Council shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

    (7) Any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined by the tribunal under Part 1 of the Land Compensation Act 1961.

    (8) Without prejudice to article 55 (no double recovery), nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) of this article.

    (9) Where the Council takes possession of land under this article, it shall not be required to acquire the land or any interest in it.

    (10) Section 13 of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 24(1) (application of Part 1 of the Compulsory Purchase Act 1965).

    (11) In this article, "the maintenance period", in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use.

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with the intention of obtaining compensation or increased compensation.

    (2) In paragraph (1), "relevant land" means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

(a) a notice to treat is served on a person ("the owner") under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden ("the land subject to the notice to treat"); and

(b) a copy of this article is served on the owner with the notice to treat.

    (2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Council a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").

    (3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.

    (4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Council agrees to take the land subject to the counter-notice, be referred to the tribunal.

    (5) If on such a reference the tribunal determine that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of the land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner shall be required to sell the land subject to the notice to treat.

    (6) If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) in the case of part of the land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat shall be deemed to be a notice to treat for that part.

    (7) If on such a reference the tribunal determine that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Council is authorised to acquire compulsorily under this Order.

    (8) If the Council agrees to take the land subject to the counter-notice, or if the tribunal determine that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

(a) open or close the lock gates; and

(b) regulate the water level in so much of the Ouseburn as is impounded by the scheduled works.

    (2) The power contained in paragraph (1) shall be exercised so as to safeguard and improve the environment and amenities of the Ouseburn.

    (3) Paragraph (2) shall not prevent the exercise of the power contained in paragraph (1) in order—

(a) to prevent or alleviate any emergency;

(b) to release flood water;

(c) to ascertain the safest and most effective ways of using the scheduled works, to test its working or to train staff in its operation;

(d) to facilitate the construction, maintenance or re-laying of any works in or beside the upstream Ouseburn; or

(e) to secure and maintain satisfactory navigation in the vicinity of the scheduled works and the upstream Ouseburn.

    (4) When operating the scheduled works the Council shall have regard to—

(a) the safety of vessels in, or passing to or from, the upstream Ouseburn or on the Ouseburn downstream of the scheduled works;

(b) the requirements of vessels in, or passing to or from, the upstream Ouseburn (including the need to have freedom of access to moorings and berths in the upstream Ouseburn);

(c) the desirability of developing and conserving flora and fauna in the upstream Ouseburn; and

(d) any reasonable request of—


(i) the Port Authority or other navigation authority for the Ouseburn for the time being for or in connection with their functions;

(ii) the police or other emergency services;

(iii) the Port Health Authority;

(iv) the Environment Agency; and

(v) Northumbrian Water.

    (5) The Council shall operate the scheduled works in accordance with—

(a) any reasonable request of the Environment Agency or Northumbrian Water in order—


(i) to protect the quality of water in the Ouseburn;

(ii) to protect fish in the Ouseburn;

(iii) to prevent backflow into the sewerage system; or

(iv) to enable Northumbrian Water to undertake maintenance to the sewerage system;



(b) any reasonable requirement of the Port Authority as to the general programme for the operation of the scheduled works in order to secure satisfactory navigation in the Ouseburn.

    (6) Subject to paragraph (7), notice of a request under paragraph (5)(a)—

(a) shall be given in writing by a duly authorised officer of the Environment Agency or as the case may be of Northumbrian Water; and

(b) shall be given as long as possible, but in any case not less than 24 hours, before the request is to be complied with.

    (7)

(a) In an emergency, upon receipt of a request from either the Environment Agency or the Port Authority to operate the scheduled works, the Council shall as soon as practicable operate the scheduled works in accordance with such request.

(b) A request made pursuant to sub-paragraph (a) may be given orally by a duly authorised officer of the Environment Agency or the Port Authority but if so given it shall be confirmed in writing as soon as practicable thereafter.

    (8) The Council shall consult Natural England to seek their view as to ways in which the scheduled works may be operated so as to develop and conserve flora and fauna in the upstream Ouseburn.

    (9) The Council shall give to the Environment Agency and the Port Authority as much notice as is reasonably practicable in the circumstances of its intention to operate both lock gates simultaneously for the following purposes—

(a) enabling experiments to be carried out for or in connection with the development of the most effective use of the scheduled works;

(b) testing the scheduled works;

(c) exercising and instructing staff in the operation and control of the scheduled works;

(d) maintaining, the scheduled works, on such occasions as may be reasonably necessary, or removing the scheduled works;

(e) enabling statutory undertakers to place or maintain, apparatus in, on, under or over the Ouseburn;

(f) removing any debris or deposit of silt which may accumulate in the Ouseburn;

(g) combating an emergency (including one where a request has been made under paragraph (7)); or

(h) enabling riparian owners and others so entitled to repair walls and carry out other works in the upstream Ouseburn.

    (10) The Port Authority shall have regard to any notice given under paragraph (9) in exercising its powers to regulate the movement of vessels on the Ouseburn.

    (11) Subject as otherwise expressly provided in this Order, no liability shall arise in respect of any costs, damages, losses or expenses incurred by any person as a direct or indirect result of—

(a) any obstruction to, delay of, or other interference with the passage of vessels; or

(b) any change in the level of water in the upstream Ouseburn,

(a) the extent to which the rights mentioned in paragraph (1) have been exercised during the period of 20 years calculated retrospectively from the date of the first impoundment; and

(b) the preservation of rights of navigation over the upstream Ouseburn for navigation by virtue of paragraph (2).

(a) for prohibiting or regulating recreational activities;

(b) for regulating navigation and for the prevention of obstruction to navigation;

(c) for regulating the speed and movement of vessels;

(d) for securing the safety of vessels and persons using the scheduled works and of their property, and any property situated within the limits of deviation;

(e) for regulating the passage of vessels, or any class of vessels, through the lock gates or over or through other structures, works or apparatus, either generally or in circumstances prescribed by the byelaws; or

(f) for preventing swimming.

(a) transfer to another person ("the transferee") its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed between the Council and the transferee; or

(b) grant to another person ("the lessee") for a period agreed between the Council and the lessee the right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be so agreed.

    (2) Where an agreement has been made by virtue of paragraph (1) references in this Order to the Council shall include references to the transferee or the lessee.

    (3) The exercise of the powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Council.

    (4) Subject to paragraph (5), the Council shall not under this article transfer or lease any rights conferred by Part 5—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the Council compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

    (5) The provisions of the planning Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which Part 3 of the 1991 Act applies.

    (6) In this paragraph—

"accumulation" means any accumulation of silt or other material which constitutes an impediment to navigation;

"construction" includes execution and placing, maintenance, extension, enlargement and relaying and "constructed" shall be construed accordingly;

"erosion" means any erosion of the bed or banks of the Ouseburn or other structure of whatever nature;

"plans" includes arrangements, sections, descriptions, outline design and construction drawings and such specifications and other appropriate documents (including so far as is reasonably practicable a programme of the times at which it is intended that significant operations will be carried out) as may be reasonably necessary to give the Port Authority an understanding of the Council's intentions in connection with constructional operations which will or may have a significant effect on navigation in, or the flow or regime of, the Ouseburn and, where applicable such relevant hydraulic information about the Ouseburn, including that obtained from models, as may be available to the Council and is not already in the possession of the Port Authority; and

"protective works" means such works by the Council, at their own expense, as may be specified by the Port Authority for the protection of traffic in, or the flow or regime of, the Ouseburn.

    (3) With the exception of any duty owed by the Port Authority to the Council which is expressly provided for in this Part, nothing in this Order shall be construed as imposing upon the Port Authority either directly or indirectly, any duty or liability to which the Port Authority would not otherwise be subject and which is enforceable by proceedings before any court.

    (4) Except as otherwise expressly provided in this Order and except so far as may be necessary to enable the objects of this Order to be effected, nothing in this Order shall prejudice or derogate from the estates, rights, interests, privileges, liberties or franchises of the Port Authority or harbour master or alter or diminish any power, authority or jurisdiction vested in the Port Authority on the date that this Order comes into force.

(a) starting to carry out any tidal works; or

(b) exercising any of the powers of article 9 (power to dredge etc.),

the Council shall submit to the Port Authority plans thereof and such further particulars as may be available to the Council and as the Port Authority may reasonably require and in carrying out such works or in exercising such powers, the Council shall comply with all reasonable modifications and conditions (not involving alteration to the basic design of any tidal works) required by the Port Authority, including protective works.

    (2) Any modifications or conditions referred to in sub-paragraph (1) shall be notified by the Port Authority to the Council within 28 days of the receipt by the Port Authority of the plans or particulars to which such modifications or conditions relate.

(a) any part of the Ouseburn has been subjected to accumulation or erosion;

(b) such accumulation or erosion is as a consequence (whether in whole or in part) of the construction of the tidal works; and

(c) for the safety of navigation or in the interests of persons using the Ouseburn or for the protection of works in the Ouseburn, such accumulation or erosion should be removed or, as the case may be, made good,

the Council, if so requested by the Port Authority before, or within the period of 10 years after, the relevant date, shall remedy such accumulation or erosion in the manner specified in sub-paragraph (3) and, if it refuses or fails so to do, the Port Authority may themselves cause the work to be done and may recover the reasonable cost thereof from the Council.

    (2) Should any accumulation or erosion in consequence of such construction arise within the period of 10 years mentioned in sub-paragraph (1) and be remedied in accordance with sub-paragraph (3), any recurrence of such accumulation or erosion shall from time to time be so remedied by the Council during that period of 10 years and at any time thereafter, save that the Council's obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion a period of 10 years elapses from the completion of that remedying, without any further accumulation or erosion being caused or created in consequence of such construction.

    (3) For the purpose of sub-paragraph (1)—

(a) in the case of an accumulation, the remedy shall be its removal; and

(b) in the case of erosion, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be necessary.

    (4) In the event that surveys, inspections, tests and sampling carried out pursuant to sub-paragraph 8(1)(a) or (b) establish that any accumulation or erosion mentioned in sub-paragraph (1) or (2) would have been caused in any event by factors other than the construction of the tidal work, the Council shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction as aforesaid.

    (5) For the purposes of sub-paragraph (1), "the relevant date" means, in relation to the scheduled works and any other tidal work executed in connection therewith or incidental thereto, the date on which it is certified by the Engineer of the Council that the scheduled works are substantially complete and the lock gates are capable of being closed.

    (6) The Council and the Port Authority shall consult the Environment Agency in relation to any action taken under this paragraph with a view to co-ordinating or reconciling any such action with any action taken under paragraph 13.

(a) the inspection of any of the tidal works by the Port Authority or their duly authorised representative;

(b) the survey, inspection, testing and sampling of the Ouseburn by the Port Authority—


(i) to establish the marine conditions prevailing prior to the construction of any of the tidal works in such area of the river as the Port Authority have reasonable cause to believe may subsequently be affected by any siltation, scouring or other alteration which the Council is liable to remedy under this Part; and

(ii) where the Port Authority have reasonable cause to believe that the construction of any of the tidal works is causing or has caused any siltation, scouring or other alteration as aforesaid;



(c) the construction of any of the tidal works or the failure of any of the tidal works or the undertaking by the Port Authority of works or measures to prevent or remedy danger or impediment to navigation or damage to any property arising from such construction or failure; and

(d) any act or omission of the Council or its servants or agents whilst engaged in the construction or operation of any of the tidal works.

    (2) Without prejudice to the generality of sub-paragraph (1), the Council shall indemnify the Port Authority from and against all claims and demands arising out of, or in connection with, such construction, failure or act or omission as is mentioned in that sub-paragraph.

    (3) Nothing in this paragraph shall impose any liability on the Council to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in sub-paragraphs (1) and (2) are attributable to negligence on the part of the Port Authority or of any person in their employ or of their contractors or agents.

    (4) The Port Authority shall give to the Council notice of any claim or demand in relation to which the Council may be liable under this Part and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the Council.

"accumulation" means any accumulation of silt or other material;

"construction" includes execution, placing, altering, replacing, relaying and removal and "construct" and "constructed" shall be construed accordingly;

"damage" includes scouring, erosion and environmental damage and "damaged" shall be construed accordingly;

"drainage work" shall mean any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

"erosion" means any erosion of the bed or banks of the Ouseburn or the River Tyne;

"the fishery" means any waters containing fish and fish in, or migrating to or from, the River Tyne or the Ouseburn and the spawn, habitat or food of such fish;

"plans" includes sections, drawings, specifications and method statements;

"specified work" shall mean so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a watercourse or is otherwise likely to—

(i) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(ii) affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

(iii) cause obstruction to the free passage of fish or damage to any fishery; or

(iv) affect the conservation, distribution or use of water resources; and

"watercourse" shall include all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.

(a) shall not be unreasonably withheld;

(b) shall be deemed to have been given if it is neither given nor refused in writing (and in the case of a refusal accompanied by a statement of the grounds for refusal) within 2 months of the submission of plans for approval; and

(c) may be given subject to such reasonable requirements as the Environment Agency may impose in the discharge of its environmental and recreational duties for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution.

Conditions relating to works

     12. —(1) Without prejudice to the generality of sub-paragraph 11(4), the requirements which the Environment Agency may impose under that sub-paragraph include—

(a) conditions as to the time and the manner in which any work or operation is to be carried out;

(b) conditions requiring the Council at its own expense—


(i) to provide or maintain means of access for the Environment Agency;

(ii) to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work;

(iii) to monitor accumulation, erosion or alterations of the tidal flow arising during the construction or following the completion of the specified works; and

(iv) to provide, maintain and operate arrangements for dealing with any pollution incidents which may occur during and as a result of the construction of the specified works.

    (2) Any specified work, and all protective works required by the Environment Agency under sub-paragraph (1)(b)(ii), shall be constructed—

(a) within such period (if any) as the Environment Agency may specify at the time of approval or upon an application by the Council thereafter (such approval not to be unreasonably withheld);

(b) in accordance with plans approved or deemed to have been approved or settled under this Part; and

(c) to the reasonable satisfaction of the Environment Agency,

and the Environment Agency shall be entitled by its officer to watch and inspect the construction of such works.

    (3) The Council shall give to the Environment Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

    (4) If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part, the Environment Agency may by notice in writing require the Council, at the Council's own expense, to comply with the requirements of this Part or (if the Council so elects and the Environment Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent as the Environment Agency reasonably requires.

    (5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the Council, it has failed to begin taking steps to comply with the requirements of the notice and has not thereafter completed them within such reasonable period as may be specified in the notice, the Environment Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the Council.

    (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Environment Agency shall not except in emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

(a) in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may reasonably be required by the Environment Agency;

(b) in the case of erosion, the remedy shall be the carrying out of such reconstruction works and protective measures as may be reasonably required by the Environment Agency; and

(c) in the case of the effects of alteration of tidal flow, the remedy shall be the carrying out of such works and measures as may be reasonably required by the Environment Agency in order to avoid a recurrence of such effects.

    (4) To the extent that the Council establishes by surveys, inspections, tests or sampling that such accumulation or erosion or effect of alteration of tidal flow would have been caused in any event by factors other than the construction, maintenance or operation of a specified work the Council shall not be liable to remedy such accumulation or erosion or effect of alteration of tidal flow.

    (5) In carrying out any surveys, inspections, tests or sampling under sub-paragraph (4) the Council shall not unreasonably delay the execution of any remedial action required under sub-paragraphs (1) or (2).

    (6) The impoundment or release of water by means of the scheduled works shall not of themselves be an effect of alteration of tidal flow for the purposes of this paragraph.

    (7) The Council and the Environment Agency shall consult the Port Authority in relation to any action taken under this paragraph with a view to co-ordinating or reconciling any such action with any action taken under paragraph 7.

(a) the construction of any specified work; or

(b) the failure of such work,

damage is caused to the fishery, or the Environment Agency has reason to expect that such damage may be caused, the Environment Agency may serve notice on the Council requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

    (3) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Environment Agency of any damage or expected damage to the fishery, the Council fails to take such steps as are described in sub-paragraph (2), the Environment Agency may take those steps and may recover from the Council any expenditure reasonably incurred by it in so doing.

    (4) In any case where immediate action by the Environment Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Environment Agency may take such steps as are reasonable for the purpose, and may recover from the Council the reasonable cost of so doing provided that a notice specifying those steps is served on the Council as soon as is reasonably practicable after the Environment Agency has taken, or commenced to take, the steps specified in the notice.

(a) in the examination or approval of plans under this Part; or

(b) in the inspection of the construction of the specified works or any protective works required by the Environment Agency under this Part.

    (2) Without prejudice to the other provisions of this Part, the Council shall indemnify the Environment Agency from all claims, demands, proceedings, costs, damages, expenses or loss which may be made or taken against, or recovered from or incurred by, the Environment Agency by reason of—

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b) any damage to the fishery;

(c) any raising of the water table in land adjoining the authorised works or any sewers, drains and watercourses;

(d) any flooding or increased flooding of any such lands; or

(e) inadequate water quality in any watercourse or other surface waters or in groundwater,

which is caused by the construction of any of the specified works or any act or omission of the Council, its contractors, agents, workmen or servants whilst engaged upon any such work.

    (3) The Environment Agency shall give to the Council reasonable notice of any such claim or demand and no compromise or settlement thereof shall be made without the agreement of the Council which agreement shall not be unreasonably withheld.

    (4) Prior to incurring any expense which it may seek to recover under this paragraph, the Environment Agency shall, except in a case of urgency, serve notice on the Council informing it of the Environment Agency's intentions and requiring it within such time as the Environment Agency may reasonably specify to take such steps as may be reasonably practicable to avoid the need for the Environment Agency to incur such costs.

    (5) Nothing in this part of this schedule shall impose any liability on the Council in respect of any damage to the extent that it is attributable to the negligent act or omission of the Environment Agency, its officers, servants or, if not the Council, its contractors or agents.

"outfall survey" means a survey conducted by the Council or Northumbrian Water of—

(a) the level of siltation within the outlet into the Ouseburn of a relevant outfall;

(b) the level of siltation at the points on the bed of the Ouseburn to be agreed between the Council and Northumbrian Water in the vicinity of any relevant outfall; and

(c) the condition of the relevant outfall; and

"relevant outfall" means a sewerage outfall system into the Ouseburn identified by Northumbrian Water as requiring survey on account of existing or likely siltation.

    (2) Prior to the commencement of the scheduled works, the Council shall ask Northumbrian Water to identify relevant outfalls which, following reasonable agreement by the Council, shall be made subject to an outfall survey by the Council.

    (3) The Council shall consult Northumbrian Water as to the method and timing of any outfall survey and the Council shall provide a copy of the survey results to Northumbrian Water within 28 days of the survey being completed.

    (4)

(a) The Council shall monitor the level of the bed of the Ouseburn in the vicinity of each relevant outfall in accordance with a survey timetable agreed or required by Northumbrian Water and shall provide Northumbrian Water with the results of such monitoring;

(b) Should the results of such monitoring reveal siltation in the vicinity of any relevant outfall Northumbrian Water may require an outfall survey of such outfall.

    (5) Should any relevant outfall or the bed of the Ouseburn in the vicinity of such outfall be subject to siltation to a significantly greater depth than identified in any outfall survey undertaken in accordance with sub-paragraph (2), to the extent that the performance of the outfall is significantly prejudiced and provided that the siltation is largely or completely due to the construction or operation of the scheduled works, then Northumbrian Water may either require the Council to clear the area concerned or undertake the work itself.

    (6) The cost of any work done in accordance with sub-paragraph (5) shall be borne by the Council to the extent that the siltation requiring clearance has been caused by the construction or operation of the scheduled works but otherwise the said cost shall be borne by Northumbrian Water and should the said work be required partly on account of the scheduled works and partly by other causes the costs of such work shall be apportioned between the Council and Northumbrian Water.

(a) starting to carry out any tidal work; or

(b) exercising any of the powers conferred by article 9 (power to dredge etc.),

the Council shall submit to the Port Health Authority plans thereof and such further particulars as may be available to the Council and as the Port Health Authority may reasonably require in respect of carrying out such works or in exercising such powers.

(a) the navigation in the Ouseburn; or

(b) the environment and amenities of the Ouseburn.

     31. The Council shall provide reasonable accommodation for the meetings of the consultative body on not less than 6 occasions in any 12 month period during its first 5 years and subsequently on not less than 4 occasions in any 12 month period if so required by the consultative body and shall provide reasonable secretarial services for the consultative body.

     32. The consultative body may determine its own quorum and procedure and shall appoint a chairman.

     33. An individual member of the consultative body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the consultative body.

     34. A member of the consultative body shall hold office for the period of 3 years from the date of his appointment and at the end of his period shall be eligible for reappointment.

     35. A member of the consultative body may resign his office at any time by notice in writing given to the chairman of the body who shall send a copy of the notice to the Council.

     36. This Part shall cease to have effect in the event that the scheduled works are removed from the Ouseburn.