The Harwich Parkeston Quay Harbour Revision Order 2010

• (1) In the event that there is any inconsistency between the obligations of the Company arising from this Part of this Schedule and the Deed, the obligations arising under the Deed shall prevail and, accordingly, the Company shall comply only with the obligations arising under the Deed.

• (2) In this paragraph, “the Deed” means the Deed entered into on 15 October 2004 between the Company, the Harwich Haven Authority, the Agency and English Nature relating to Bathside Bay Container Terminal, Little Oakley Managed Realignment and the Conservation (Natural Habitats &c.) Regulations 1994[^f00024].

41

Any dispute arising between the Company and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly.

Signed

Signed by authority of the Secretary of State for Transport

Richard Bennett — Head of Ports Division — Department for Transport — 3rd March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Harwich International Port Limited (the applicant for the Order) to undertake works at Bathside Bay, Harwich. The authorised works include a container port by extending Parkeston Quay between that quay and the train ferry berth at Harwich.

The works also include the construction of a quay wall including berths for vessels and quayside cranes, the infilling and reclamation of part of the foreshore and bed of Bathside Bay and the provision of a boat harbour.

The Order defines the area of the boat harbour and restricts the use of the boat harbour to pleasure craft and other small vessels.

Footnotes

[^f00001]: 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 2.

[^f00002]: For the definition of “the Minister” (mentioned in section 14(7)) see section 57(1).

[^f00003]: S.I. 1981/238, S.I. 1997/2971 and S.I. 2001/2568.

[^f00004]: 1847 c. 27.

[^f00005]: 1983 c. vi.

[^f00006]: 1988 c. xxxiv.

[^f00007]: 1991 c. 59.

[^f00008]: 1985 c. 48.

[^f00009]: 1991 c. 57.

[^f00010]: 1874 c. cxxviii.

[^f00011]: 1974 c. 40.

[^f00012]: 1990 c. 8.

[^f00013]: S.I. 1997/1510, amended by S.I. 1998/1915.

[^f00014]: 1990 c. 43.

[^f00015]: 1974 c. 40.

[^f00016]: S.I. 1994/2716.

[^f00017]: S.I. 1995/418.

[^f00018]: 1986 c. 44.

[^f00019]: 1845 c. 20.

[^f00020]: 1988 c. xxviii.

[^f00021]: 1974 c.i.

[^f00022]: 1991 c. 57.

[^f00023]: 1974 c.i.

[^f00024]: S.I. 1994/2716.