art 41 Restriction of works and dredging
(1) Subject to paragraph (3), no person other than the Commissioners is permitted, in the harbour, to— (a) construct, alter, renew or extend any works; or (b) dredge; unless that person is licensed so to do, in the case of works by a works licence and in the case of dredging by a dredging licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 43 of this Order or, as the case may require, article 44 of this Order. (2) The Commissioners 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 to its former condition; and if that person fails to comply with the notice, the Commissioners may carry out the works so required and may recover from that person the cost of so doing. (3) Nothing in this article applies to— (a) any operations or works specifically authorised by any enactment; or (b) any operations or works of a statutory undertaker. (4) Any person who without reasonable excuse contravenes this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.