Dover Harbour Act 1963
| Jurisdiction | England & Wales |
| Citation | 1963 c. xxix |
| Year | 1963 |
Dover
Harbour Act
1963
CH.
xxix 1
ELIZABETH II
1963 CHAPTER xxix
An Act to authorise the Dover Harbour Board to construct
further works; and for other purposes.
[31
st July 1963]
W
HEREAS the Dover Harbour Board (hereinafter referred
to as " the Board ") were constituted and incorporated
by the Harbours and Passing Tolls &c. Act,
1861,
and by
virtue of that Act and of a Royal Charter dated the sixth day of
October, sixteen hundred and six the Board and their predecessors
were authorised to administer, maintain and improve the Dover
Harbour as existing from time to time and by that Act and
subsequent Acts various powers, rights,. authorities, privileges,
duties and obligations were vested in or transferred to or conferred
or imposed upon the Board:
And whereas by the Dover Harbour Consolidation Act, 1954,
the provisions of the various enactments by which, or by reference
to which, the constitution, powers, rights, authorities, privileges,
duties and obligations of the Board were then defined were
consolidated:
And whereas in order to meet the requirements of the increasing
traffic of the Dover Harbour it is expedient that the Board be
empowered to construct the works described in this Act and to
reclaim land from the sea as by this Act provided, and for the
purpose of the said works to acquire land compulsorily:
And whereas it is expedient to confer upon the Board the other
powers contained in this Act:
2 CH. xxi Dover
Harbour
Act
1963
And whereas it is expedient that the other provisions contained
in this Act be enacted:
And whereas the purposes of this Act cannot be effected without
the authority of Parliament:
And whereas plans and sections showing the situations, lines
and levels of the works authorised by this Act and the lands which
may be taken or used compulsorily for the purposes
thereof,
and
a book of reference to the said plans containing the names of the
owners and lessees, or reputed owners and lessees, and of the
occupiers of those lands and describing the same, were duly
deposited in the office of the Clerk of the Parliaments and in the
Private Bill Office of the House of Commons and with the clerk
of the council of the administrative county of Kent, and such
plans,
sections and book of reference are respectively referred to
in this Act as the deposited plans, the deposited sections and the
deposited book of reference:
Short and
collective
titles.
Act divided
into Parts.
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, that is to say:—
PART I
PRELIMINARY
"1.—(1) This Act may be cited as the Dover Harbour Act 1963.
(2) The Dover Harbour Consolidation Act, 1954, and this Act
may be cited together as the Dover Harbour Acts, 1954 and 1963.
2.
This Act is divided into Parts as follows
:—
Part I.—Preliminary.
Part II.—Works and lands
Part III.—Miscellaneous.
Incorporation
of Acts.
3.
The following enactments, so far as the same are applicable
to the purposes of this Act, are hereby incorporated with this
Act:—
(1) the Lands Clauses Acts (except section 92, sections 127
to 133 and sections 150 and 151 of the Lands Clauses
Consolidation Act, 1845):
Provided that the bond required by section 85 of the
Lands Clauses Consolidation Act, 1845, shall be sufficient
without the addition of the sureties mentioned in that
section;
Dover Harbour Act 1963
CH#
xxix 3
(2) the provisions of the Railways Clauses Consolidation PART I
Act, 1845, with respect to the temporary occupation of —com.
lands near the railway during the construction
thereof:
Provided that for the purposes of the incorporated
provisions of the Railways Clauses Consolidation Act,
1845,
the authorised works shall be deemed to be the
railway and the centre line of the authorised works as
shown on the deposited plans shall be deemed to be the
centre line of the railway;
(3) the Harbours Clauses Act, 1847 (except sections 6 to 13,
16 to 23, 25 to 27, 31 to 42, 45 to 51, 67, 79 to 82 and
84 to 96):
Provided that in construing the Harbours Clauses
Act, 1847—
(a) the expression " the harbour, dock or pier "
shall mean the authorised works; the expression " the
special Act" shall mean this Act; and the expression
" vessel" shall have the meaning assigned to it by
section 4 (Interpretation) of the Act of 1954;
(b) nothing in the Harbours Clauses Act, 1847,
shall require or authorise the harbour master or any
other officer to require the dismantling of a seaplane,
or any part
thereof,
or the making of any alteration
whatever in the structure or equipment of a seaplane.
4.—(1) In this Act, unless there is something in the subject or Interpretation
context repugnant to such construction, the words and expressions
to which meanings are assigned by section 4 (Interpretation) of the
Act of 1954, shall have the same respective meanings and—
" the authorised works " means the works authorised by
section 9 (Power to construct works) of this Act;
" the Act of 1954 " means the Dover Harbour Consolidation
Act, 1954;
" houseboat" means any vessel or structure or any part,
remains or wreckage thereof whether or not the same
shall be floating at any stage of the tide and whether or
not the same shall be used or intended to be used for
human habitation but does not include any ship
registered under the Merchant Shipping Act, 1894, or
any vessel bona fide used for navigation;
" the Lands Clauses Acts " mean the Lands Clauses Acts
as modified by the Lands Tribunal Act, 1949, the Land
Compensation Act, 1961, and this Act;
" the level of high water " means the level of mean high-
water springs;
" the Minister " means the Minister of Transport;
" moored " includes anchored;
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