Crouch Harbour Act 1974
| Jurisdiction | UK Non-devolved |
Crouch Harbour Act 1974
C.
XXXV 1
ELIZABETH II
1974 CHAPTER xxxv
An
Act to establish the Crouch Harbour Authority for the
administration and control of the harbour formed by
the rivers Crouch and Roach and adjacent waters in the
county of Essex; to confer on the Authority powers
necessary or expedient for the preservation, protection,
regulation, management, maintenance and improve-
ment of the said harbour and the navigation
thereof;
to enact provisions in connection with the matters
aforesaid; and for other purposes.
[19th December 1974]
VI7HEREAS—
(1) The rivers Crouch and Roach and adjacent waters in the
county of Essex form a harbour affording actual and potential
facilities for navigation, commerce and recreation:
(2) At present there is no one with overall responsibility for
regulating and controlling navigation in the said harbour, for
administering existing facilities and for providing additional
facilities:
(3) It is expedient that the said harbour, offering opportunities
of improvement for the purposes of recreation and the enjoy-
ment of leisure on water, should be administered by and under
2 c. xxxv
Crouch Harbour
Act
1974
1933 c. 51.
Short title
and
commence-
ment.
Division of
Act into
Parts.
Interpretation.
1847 c. 27.
1894 c. 60.
1964 c. 40.
1965 c. 56.
the control of one authority charged with the preservation,
protection, regulation, management, maintenance and improve-
ment
thereof:
(4) It is expedient in the public interest that for this purpose
there should be incorporated a new body, to be known as the
Crouch Harbour Authority:
(5) It is expedient that powers necessary or expedient for the
preservation, protection, regulation, management, maintenance
and improvement of the said harbour and the navigation thereof
should be conferred on the Authority as in this Act contained
and
that the other provisions of this Act should be enacted:
(6) The purposes of this Act cannot be attained without the
authority of Parliament:
(7) In relation to the promotion of the Bill for this Act the
requirements of Part XIII of the Local Government Act 1933
have been observed:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—
PART
I
PRELIMINARY
1.—(1)
This Act may be cited as the Crouch Harbour Act
1974.
(2) Except Parts I, II and IV of this Act, the provisions of
this
Act shall not come into force until 1st April 1975 unless otherwise
expressly provided in this Act.
2.
This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Establishment of Crouch Harbour Authority.
Part III.—Duties and powers of Authority.
Part IV.—Officers and superannuation.
Part V.—Financial.
Part VI.—Harbour charges.
Part VII.—Miscellaneous and general.
3.—(1)
In this Act, unless otherwise expressly provided or the
subject or context otherwise requires—
" the Act of 1847 " means the Harbours, Docks and Piers
Clauses Act 1847;
" the Act of 1894 " means the Merchant Shipping Act 1894;
" the Act of 1964 " means the Harbours Act 1964;
" the Act of 1965 " means the Compulsory Purchase Act
1965;
Crouch Harbour
Act
1974
3
" the Act of 1972 " means the Local Government Act 1972;
PART
I
"the Advisory Committee" means the Crouch Harbour —cont.
Authority Advisory Committee constituted by section
11 1972
c.
70.
(Crouch Harbour Authority Advisory Committee) of
this Act;
"the appropriate officer" in relation to a constituent body
means, in the case of the County Council, the Chelmsford
Council, the Maldon Council and the Rochford Council
the proper officer of those respective councils, in the
case of the Water Authority the officer of that authority
authorised for the purpose, in the case of the Advisory
Committee the chairman of that committee, in the case
of the Crouch Area Yachting Federation, the secretary
of that federation and in the case of the owners the
person nominated by the owners;
"the Authority" means the Crouch Harbour Authority
constituted by section 5 (Constitution of Authority) of
this Act;
" charges " means, in Part VI (Harbour charges) of this Act,
charges payable to the Authority as harbour authority
for the harbour;
" the Chelmsford Council" means the Chelmsford District
Council;
" the constituent bodies" means the bodies specified in
subsection (2) of section 5 (Constitution of Authority)
of this Act and includes the owners; and " constituent
body" shall be construed accordingly;
" the county " means the county of Essex;
" the County Council" means the Essex County Council;
" district " has the same meaning as in the Act of 1972;
" dredging " shall not include the dredging of oysters or
other shellfish and " dredge " and " dredged " shall be
construed accordingly;
" duties of customs or excise " includes any tax, levy, sur-
charge or other sum to the collection of which the
general provisions of the Customs and Excise Act 1952
1952
c.
44.
relating
to
customs or
excise have
been applied by statute;
"the electricity board" means the Central Electricity
Generating Board and the Eastern Electricity Board or
either of them;
"electricity work" means any electric line, apparatus,
building, structure or other work of
any
nature belonging
to or maintained by the electricity board;
" enactment" means any enactment, whether public general
or local, and includes any order, byelaw, rule, regulation,
scheme or other instrument having effect by virtue of an
enactment;
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