The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2020 |
2010 No. 2020
Harbours, Docks, Piers And Ferries
The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010
Made 6th August 2010
Coming into force 1st September 2010
First Corporate Shipping Limited has applied for a harbour revision order under section 14 of the Harbours Act 19641and in accordance with section 7(5) of the Pilotage Act 19872;
Objections to the making of the Order were received and have now been withdrawn and the Secretary of State is satisfied as mentioned in section 14(2)(b) of the Harbours Act 1964;
The Secretary of State (being the appropriate Minister under section 14(7) of that Act3), in exercise of the powers conferred by that section and now vested in the Secretary of State, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 and shall come into force on 1st September 2010.
(2) The Bristol Dock Acts and Orders 1848 to 1993 and this Order may be cited together as the Bristol Dock Acts and Orders 1848 to 2010.
Interpretation
2.—(1) In this Order—
“the 1847 Act” means the Harbours, Docks and Piers Clauses Act 18474as incorporated with the Bristol Dock Acts and Orders 1848 to 1993;
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 1993 Order” means the Port of Bristol Harbour Revision Order 19936;
“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 19957;
“AOD” means above Ordnance Datum (Newlyn);
“added pilotage area” means the area described in Schedule 5 (extension of limits of jurisdiction for purposes of pilotage);
“Chart Datum” in relation to any depth of dredging is 6.5 metres below Ordnance Datum (Newlyn);
“the Company” means First Corporate Shipping Limited, a company limited by shares and incorporated under the Companies Act 19858, whose registered number is 2542406;
“construction” includes execution and placing and, in its application to works which include or comprise any operation, means the carrying out of that operation but does not include maintenance dredging, and “construct” and “constructed” shall be construed accordingly;
“the deposited plans” and “the deposited sections” mean, respectively, the plans and sections certified by the Secretary of State as the plans and sections for the purposes of this Order;
“the designated harbour” means the area within which the Company had jurisdiction as harbour authority pursuant to article 3 of the 1993 Order immediately before the coming into force of this Order;
“harbour master” means any person appointed as such by the Company under section 51 of the 1847 Act;
“level of high water” means the level of mean high-water springs;
“Lighthouse” means the disused lighthouse situated at the seaward limit of the North Pier;
“limits of construction activity” means the limits of construction activity shown on sheet 10 of the deposited plans;
“limits of deviation” means the limits of deviation for Works Nos. 1 to 6 shown on the deposited plans;
“limits of deviation for dredging” means the limits of deviation for the operations authorised by article 5 (power to dredge the Severn Estuary) and shown marked “LODD” on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“maintenance dredging” means any dredging operations carried out under article 5 (power to dredge the Severn Estuary) in order to maintain the areas referred to in Schedule 3 (dredging works) to their respective depths, widths and positions as set out in that Schedule;
“tidal work” means so much of the works as is on, under or over tidal waters or tidal lands below the level of high water but excluding any operations authorised by article 5 (power to dredge the Severn Estuary) and excluding the projection over waters by booms, cranes and similar plant and machinery operating within the designated harbour;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaking” means the harbour undertaking of the Company from time to time, including all real and personal property and works acquired, appropriated or provided by the Company for that purpose;
“vessel” means every description of vessel, however propelled or moved, and includes non-displacement craft, a hovercraft (within the meaning of the Hovercraft Act 19689), a hydrofoil vessel and any other thing constructed or used to carry or propel persons or goods by or across water;
“works” means the works and operations authorised by this Order, or any part of such works.
(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
(3) In this Order, references to named breakwaters or piers, or other points, places, structures and apparatus are references to those so named on the Admiralty Chart for the Port of Bristol (No. 1859).
(4) In this Order—
(a)
(a) any reference 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;
(b)
(b) map reference points specified shall be construed as references to Ordnance Survey National Grid reference points; and
(c)
(c) longitude and latitude are stated by reference to the World Geodetic System (WGS84) Datum.
(5) References in the Bristol Dock Acts and Orders 1848 to 1993 to the undertaking of the Company shall be construed for all purposes as including references to any works carried out and any lands reclaimed by or on behalf of the Company or any of its subsidiaries under or by virtue of this Order.
PART 2
WORKS
Power to construct, etc., works
3.—(1) The Company may, in the lines and situations and on the lands delineated on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections, construct, operate and maintain the whole or any part or parts of the works set out in Schedule 1(works) on and in the bed and foreshore of the River Severn.
(2) Notwithstanding anything in any other enactment, the Company may for the purpose of constructing the works dismantle, remove, deal with and dispose of the whole or any part or parts of all structures, pipelines and equipment lying within the limits of deviation (including the disused Oil Jetty and the Lighthouse) and any public rights over the same are extinguished.
(3) The Company may from time to time, within the limits of deviation, alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works and may maintain and use the same as altered, enlarged, replaced, relayed, extended or reconstructed.
(4) The powers conferred by this article are subject to the restrictions set out in Schedule 2 (restrictions on works).
(5) The Company may authorise any person to carry out the works.
Subsidiary works
4.—(1) The Company may from time to time within the limits of deviation provide, construct, maintain and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the purposes of, or in connection with, the construction and maintenance of the works authorised by article 3 or the operation of the undertaking, and for this purpose the Company may construct, maintain and operate (whether temporarily or permanently) pumps, conduits, pipes, manifolds, hydrants, wires, drains, sewage and other treatment plants, mains, cables, substations, telecommunications equipment and other utilities plant, conveyors, cranes, lifts, hoists, container and other cargo handling and haulage equipment and stagings, rail mounted gantries, rubber tyred gantries, vessel power supply facilities, weighbridges, stairs, ladders, stagings, quays, berths, jetties, piers, approaches, catwalks, platforms, pontoons and gangways, buildings, sheds, silos, tanks, offices, workshops, depots, vehicle parking, holding and loading areas, roads and road improvements, road and rail crossings, service, outfall and culvert crossings, pavements, bridges, ramps, culverts, railway tracks, sidings, signals, security barriers, foundations, walls, bunds, fences, gates, paving and surfacing, equipment, machinery, appliances, dredged material washing, grading and weighing facilities, lights and lighting columns, signage, radio masts, CCTV cameras and masts, security installations, navigation signals, marks and lights, and such other port, harbour, dock, wharf or terminal facilities and conveniences as may be necessary or expedient.
(2) Without prejudice to paragraph (1), the Company may within the limits of deviation provide, construct, maintain and use such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance and use of the works, including—
(a)
(a) within the limits of deviation for Works Nos. 1, 2 and 3 works for the accommodation or convenience of vessels (including but not limited to berthing heads, mooring posts, ladders, buoys, bollards, dolphins, fenders, rubbing strips and fender panels, fender units and pontoons);
(b)
(b) works to alter the position of apparatus, including mains, sewers, drains, pipes, pipelines, conduits, cables, electrical substations and electrical lines; and
(c)
(c) landscaping, habitat creation and other works to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works.
(3) For the purpose of, or...
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