The Fraserburgh Harbour Revision Order
| Jurisdiction | Scotland |
| Citation | SSI 2011/447 |
| Year | 2011 |
2011No. 447
HARBOUR, DOCKS, PIERS AND FERRIES
The Fraserburgh Harbour Revision Order
20thDecember2011
21stDecember2011
The Scottish Ministers (the "Ministers") make the following Order in exercise of the powers conferred by section 14 of the Harbours Act 1964( 1) and all other powers enabling Ministers to do so.
In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in Schedule 2 to that Act( 2).
In accordance with section 14(2) of that Act-
(a) this Order is made following a written application to Ministers by Fraserburgh Harbour Commissioners ("the Commissioners") being the authority engaged in improving, maintaining or managing the harbour; and(b) Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance, or management of the harbour in an efficient and economical manner.In accordance with paragraph 4 of Schedule 3 to that Act( 3), Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC( 4), as relevantly amended by Council Directive 97/11/EC( 5) and Council Directive 2003/35/(EC)( 6), on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.
In accordance with paragraph 5 of that Schedule( 7), Ministers have informed the Commissioners in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.
Notice has been published by the Commissioners in accordance with the requirements of paragraph 10 of that Schedule( 8).
In accordance with paragraph 15 of that Schedule( 9), Ministers have consulted such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.
The provisions of paragraph 17 of that Schedule( 10) have been satisfied. No objections to the application have been made.
In accordance with paragraph 19(1) of that Schedule( 11), Ministers have considered the result of the consultations under paragraph 15 of that Schedule.
In accordance with paragraph 19(2) of that Schedule( 12), Ministers have decided to make this Order in the form of the draft submitted to them.
PART 1
PRELIMINARY
Citation and commencement
1.-(1) This Order may be cited as the Fraserburgh Harbour Revision Order 2011 and shall come into force on the day following the day on which it is made.
(2) The Fraserburgh Harbour Order Confirmation Act 1985( 13), the Fraserburgh Harbour Order Confirmation Act 1990( 14), The Fraserburgh Harbour Revision Order 1995( 15), The Fraserburgh Harbour Revision Order 1999( 16), The Fraserburgh Harbour Revision (Constitution) Order 2001( 17) and this Order may be cited together as the Fraserburgh Harbour Acts and Orders 1985 to 2011.
Interpretation
2.-(1) In this Order-
"area of works" means the area within the limits of deviation or any part of that area;
"Commissioners" means the Fraserburgh Harbour Commissioners holding office under the Fraserburgh Harbour Order Confirmation Act 1990, the 2001 Order or this Order, as the case may require;
"deposited plans, sections and elevations" means the plans, sections and elevations which are bound together and signed in duplicate with reference to this Order and marked "The Fraserburgh Harbour Revision Order Plans and Sections" and which are deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ, and at the offices of the Commissioners situated at the harbour; and a reference to a numbered sheet is a reference to that numbered sheet bound in the deposited plans, sections and elevations;
"Electoral Registration Officer" means the official appointed by the Grampian Valuation Joint Board on behalf of Aberdeen City Council, Aberdeenshire Council and Moray Council to prepare and maintain the register of electors;
"harbour" means the harbour of Fraserburgh as defined in the Fraserburgh Harbour Acts and Orders 1985 to 2011;
"level of high water" means the level of mean high water springs;
"limits of deviation" means the limits of deviation shown on the deposited plans;
"tidal work" means so much of any works authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
"works" means the works authorised by this Order or, as the case may require, any part thereof; and
"the 2001 Order" means The Fraserburgh Harbour Revision (Constitution) Order 2001;
(2) All areas, dimensions, directions, distances, lengths, points, situations and other measurements stated in this Order or shown on the deposited plans, the deposited sections or the deposited elevations shall be construed as if the words "or thereby" were inserted after each such area, dimension, distance, length, point, situation and other measurement.
(3) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART 2
WORKS
Power to construct works
3.-(1) The Commissioners may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown on them and according to the levels shown on the deposited sections or deposited elevations, construct and maintain the following works-
Work No. 1 - The reclamation and infilling of the existing entrance to North Harbour from Outer Harbour to be retained on the seaward limits by a solid faced quay wall with a rock armoured revetment and on the landward limits by a solid faced quay wall and extending between the existing North Pier and West Pier and including the levelling of that area; the location of which is shown on sheet 2 and the section of which is shown on sheet 5.
Work No. 2 - Resurfacing of part of the existing North Pier; the location of which is shown on sheet 2 and the section of which is shown on sheet 5.
Work No. 3- A three storey building to be constructed on the existing North Pier the location of which is shown on sheet 2 and the plans and elevations of which are shown on sheet 8, comprising a marine traffic control room, offices, staff welfare facilities, storage and workshop areas and a plant room.
Work No. 4 - Demolition of part of the existing North Pier to form a mechanically operated storm gated entrance to North Harbour the location of which is shown on sheet 2 and the section of which is shown on sheet 5, giving access from Balaclava Outer Harbour through North Harbour to South Harbour and Faithlie Harbour: to be retained by solid faced quay walls incorporating pits and recesses to house storm gates and operating machinery; also to include a single storey plant room building.
Work No. 5 - A mechanically operated opening bridge spanning Work No. 4 and providing access along North Pier to Work Nos. 2 and 3, the location of which is shown on sheet 2 and the section of which is shown in sheet 5.
Work No. 6 - The re-facing and underpinning of the southern face of the existing North Pier with a solid faced quay wall; the location of which is shown on sheet 3 and the section of which is shown on sheet 6.
Work No. 7 - The re-facing and underpinning of a length of the northern face of the existing West Pier with a solid faced quay wall; the location of which is shown on sheet 3 and the section of which is shown on sheet 6.
Work No. 8 - The re-facing and underpinning of the northern face of the existing Middle Jetty with a solid faced quay wall; the location of which is shown on sheet 3 and the section of which is shown on sheet 6.
Work No. 9 - The reclamation and infilling of an area of North Harbour to be retained on the seaward limits by a solid faced quay wall or an open piled quay structure, in either case extending between the existing North Pier and Middle Jetty and including the levelling of that area to form an area of 0.14 hectares and providing for the berthing of vessels and support activities; the location of which is shown on sheet 3 and the section of which is shown on sheet 6.
Work No. 10 - The re-facing and underpinning of a length of the southern face of the existing Provost Anderson's Jetty with a solid faced quay wall; the location of which is shown on sheet 4 and the section of which is shown on sheet 7.
Work No. 11 - The re-facing and underpinning of a length of the northern face of the existing North Pier with a solid faced quay wall; the location of which is shown on sheet 4 and the section of which is shown on sheet 7.
Work No. 12 - A deepening by means of excavation, including blasting, to a depth of 5 metres below Chart Datum of that part of the Balaclava Outer Harbour shown cross hatched red on sheets 2, 3 and 4 and the section of which is shown on sheet 7.
Work No. 13 - A deepening by means of excavation, including blasting, to a depth of 5 metres below Chart Datum of that part of the North Harbour shown cross hatched red on sheets 2, 3 and 4 and the section of which is shown on sheet 7.
(2) The Commissioners may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of the harbour and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking of the Commissioners; and so much of the bed of the harbour and of the foreshore as may be reclaimed shall be deemed to be operational land within the meaning of section 215 of the Town and Country Planning (Scotland) Act 1997( 18).
(3) The Commissioners may, within the limits of deviation...
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