Schedule 1: The electronic communications code Part 9: Conferral of tidal water rights and their exercise
Part 9 of the code applies to "tidal water and lands" (as defined). Part 9 broadly corresponds to much of the content of what was paragraph 11 of the existing code. It is important to note that Part 9 provides for different rights in relation to tidal water and lands which are in the ownership of the Crown, and tidal water and lands which are not in the ownership of the Crown.
	Paragraph 60 sets out the scope of Part 9. Paragraph 61 defines "tidal waters or lands".
	Paragraph 62 provides that the operator can exercise the tidal water rights for the statutory purposes, (defined in paragraph 4 of the code). The operator may exercise the rights without agreement under Part 2 or a court order under Part 4. This is however subject to the remaining provisions of Part 9, and to the provisions of other enactments (see paragraph 99 of the code).
	Paragraph 63 sets out what rights can be exercised under Part 9 (defined as a "tidal water right"). The tidal water rights allow the operator to install and keep other apparatus on, under or over tidal water or lands, and there are associated rights to enter land, inspect, maintain, adjust, alter, repair, upgrade and operate the apparatus and to carry out associated works.
	Paragraph 64 requires the agreement of the Crown in accordance with paragraph 104 of the code before the tidal water rights can be exercised on Crown tidal water or lands. This is not the same as an agreement under Part 2 and so the Crown cannot be the subject of a court-imposed agreement (for a tidal water right) under Part 4. If the Crown agrees to confer a tidal water right, paragraph 64 provides that disputes about the amount to be paid for such rights by an operator can be referred to an independent third party valuer, who is charged with determining the market value. The assessment of market value corresponds to the "no-scheme" approach found in paragraph 24 of the code.