Dart Harbour and Navigation Authority Act 1975
| Jurisdiction | UK Non-devolved |
| Citation | 1975 c. xxii |
Dart Harbour and Navigation Authority
Act 1975
C.
XXII
ELIZABETH H
1975 CHAPTER xxii
An Act to constitute and incorporate the Dart Harbour
and Navigation Authority and to amalgamate under the
jurisdiction of that Authority the undertakings of the
Dartmouth Harbour Commissioners and the River
Dart Navigation Commissioners; to confer upon the
Authority powers and duties in relation to the
amalgamated undertakings; and for other purposes.
List August 1975]
w
HEREAS—
(1) Under the Dartmouth Harbour Act 1951 the Dartmouth
1951
c.
xxxiii.
Harbour Commissioners exercise jurisdiction and powers in
respect of
the
harbour as in that Act defined, and under the River
Dart Navigation Act 1962 the River Dart Navigation
Commis-1962
c.
xlvi.
sioners exercise similar jurisdiction and powers in respect of the
River Dart Navigation, being so much of the river Dart and its
tributaries as are defined in that Act:
2 c. xxii
Dart Harbour and Navigation Authority
Act
1975
(2) The National Ports Council have represented that with a
view to securing the more efficient and economical development of
the respective harbour undertakings it
is
expedient that they should
be amalgamated under a new harbour authority, and the Dart-
mouth Harbour Commissioners and the River Dart Navigation
Commissioners have resolved accordingly:
(3) It is expedient that the said amalgamation be put into effect
and that the other provisions of this Act be enacted:
(4) The purposes of this Act cannot be effected without the
authority of Parliament:
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:—
Short title.
PART
I
PRELIMINARY
1.
This Act may be cited as the Dart Harbour and Navigation
Authority Act 1975.
1964 c. 40.
Interpretation. 2.—(1) In this Act, except where the subject or context other-
wise requires—
" the Act" means the Harbours Act 1964;
" the Authority " means the Dart Harbour and Navigation
Authority incorporated under section 4 (Incorporation
of the Authority) of
this
Act;
" charges" include charges, rates, tolls and dues of every
description for the time being payable under any
enactment
to the
Authority
in
relation
to the
undertaking;
" the Clerk " means the clerk to the Authority;
"the commercial fishing member", "the commercial
passenger member ", " the cargo member " and " the
boating members" mean respectively the members from
time to time elected in accordance with the provisions
of this Act by the persons by this Act qualified to elect
the
commercial
fishing
member,
the
commercial passenger
member, the cargo member and the boating members
respectively;
" the council " means the South Hams District Council;
" dangerous goods" means goods classified under rule 2 (2)
of the Merchant Shipping (Dangerous Goods) Rules
1965;
" Dartmouth Quay" means the quay, river wall and em-
bankment constructed by the Dartmouth Harbour
Dart Harbour and Navigation Authority
c. xxii 3
Act
1975
Commissioners on the right bank of the river Dart at PART I
Dartmouth under the provisions of the Dartmouth —cont.
Harbour Improvement Act 1882;
1882
c.
cc.
" the day of reconstitution " means the 1st April 1976;
" dues " means ship, passenger and goods dues as defined in
section 57 (1) of the Act;
" the Duke of Cornwall" means the Duke of Cornwall or the
possessor for the time being of the Duchy of Cornwall;
" enactment" means any Act, or any order, scheme or other
instrument made thereunder, and any provision in any
Act or in any such order, scheme or instrument;
" the existing harbour " means the harbour at Dartmouth
as regards which there are vested in the Harbour
Commissioners immediately before the day of recon-
stitution statutory powers or duties of improvement,
maintenance or management;
" the harbour " means the harbour the limits whereof are
specified in section 38 (Limits of jurisdiction) of this
Act;
" the Harbour Commissioners" means the Dartmouth
Harbour Commissioners;
" the harbourmaster" means the harbourmaster, quay
master and dockmaster appointed by the Authority,
and includes the authorised deputies and assistants of
a person so appointed and any person authorised by the
Authority to act in any of those capacities;
" harbour premises " means the docks, piers, wharves, quays,
berths, roads, railways, bridges, sheds and other works
and conveniences, and the lands, buildings and property
of every description and of whatever nature which are
for the time being vested in or occupied or administered
by the Authority;
" the Harbours Clauses Act" means the Harbours, Docks
and Piers Clauses Act 1847;
1847
c.
27.
" hovercraft" has the same meaning as in the Hovercraft
Act 1968;
1968
c.
59.
"hydrofoil vessel" means a vessel, however propelled,
designed to be supported on foils;
" land " includes land covered by water, and any interest in
land or any easement or right in, to or over land;
" the level of high water " means the level of mean high-water
springs;
" the navigation " means that part of the river Dart and of
the waterways discharging into it in respect of which
there are vested in the Navigation Commissioners
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