Maintenance of authorised development  Subsidiary works and operations in Lake Lothing  43. —(1) The undertaker may at any time maintain the authorised development except to the  extent that this Order, or an agreement made under this Order, provides otherwise.  (2) Paragraph (1) does not extend to any maintenance works which would give rise to any  materially new or materially different environmental effects than those assessed in the  environmental statement.  44. —(1) Subject to the provisions of this Order, the undertaker may within the Order limits—  (2) Paragraph (1) does not extend to any works which would give rise to any materially new or  materially different environmental effects than those assessed in the environmental statement.  (3) Except in the case of emergency, before exercising the powers of paragraph (1), the  undertaker must use reasonable endeavours to notify the owner of any mooring and the owner or  master of any vessel that may be affected by works undertaken in the exercise of the powers under  this article.  (4) The undertaker must pay compensation to any person entitled to compensation under Part 1  (determination of questions of disputed compensation) of the 1961 Act who suffers any loss or  damage from the exercise of the powers conferred by paragraph (1).  (5) Any dispute as to a person’s entitlement to compensation under paragraph (4) or as to the  amount of the compensation must be determined under Part 1 of the 1961 Act.  (6) All materials dredged up or removed by the undertaker in exercise of the powers under this  article are the property of the undertaker and may be used, sold, deposited or otherwise disposed  of by the undertaker.  45. —(1) The harbour authority must not undertake a capital dredge in Lake Lothing within the  limits of dredging without first submitting the plans of the proposed dredging operation to the  undertaker for its approval.  (2) Approval under paragraph (1) is not to be unreasonably withheld by the undertaker and  approval is deemed to have been granted if the undertaker fails to notify the harbour authority of  its decision within 28 days of the submission of the plans.  (3) The harbour authority must carry out the dredging in accordance with the plans approved  under this article or settled by arbitration under article 62 (arbitration).  (4) The harbour authority must notify the undertaker at least 5 days before undertaking any  maintenance dredge in Lake Lothing within the limits of dredging.  46. —(1) The undertaker may make byelaws regulating the use and operation of the new bridge  and the new bridge infrastructure, the maintenance of order and the conduct of persons in the new  bridge area and the mooring of vessels to, and the passage of vessels under, the new bridge.  (2) Without limiting the scope of paragraph (1), byelaws made under this article may make  provision—  36 Byelaws  Protection against dredging by the harbour authority  (a) carry out and maintain works for the accommodation or convenience of vessels within  Lake Lothing (including but not limited to berthing and mooring facilities, ladders,  buoys, bollards, dolphins, fenders, rubbing strips and fender panels, fender units and  pontoons) as may be necessary or convenient for the purposes of, or in connection with or  in consequence of, the operation or maintenance of the authorised development; and  (b) deepen, widen, capital dredge, maintenance dredge, scour, cleanse, alter and improve the  bed of Lake Lothing for the purposes of maintaining the authorised development. 