The Yarmouth (Isle of Wight) Harbour Revision Order 2011

Publication Date:January 01, 2011
 
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2011No. 1347

HARBOURS, DOCKS, PIERS AND FERRIES

The Yarmouth (Isle of Wight) Harbour Revision Order 2011

26thMay2011

2ndJune2011

30thJune2011

The Yarmouth (Isle of Wight) Harbour Commissioners have applied in accordance with section 14(2) of the Harbours Act 1964( 1) ("the Act") for a harbour revision order under section 14 of the Act.

The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Order( 2) made under section 42A of the Act( 3) delegated the functions of the appropriate Minister under section 14 of the Act( 4) to the Marine Management Organisation( 5).

The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) of the Act and in exercise of the powers conferred by section 14(1), (2A) and (3) makes the following Order:-

PART 1

PRELIMINARY

Citation and commencement

1.-(1) This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision Order 2011 and shall come into force on 30th June 2011.

(2) The Yarmouth (Isle of Wight) Harbour Orders 1931 to 2002( 6) and this Order may be cited together as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2011.

Interpretation

2.-(1) In this Order-

"the 1931 Order" means the Yarmouth (Isle of Wight) Pier and Harbour Order 1931 (confirmed by the Pier and Harbour Orders (Cowes and Yarmouth (Isle of Wight)) Confirmation Act 1931)( 7);

"the 2001 Order" means the Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001( 8);

"aids to navigation" means any sign, light, beacon, mark, navigational buoy, tide pole or other object in or in the vicinity of the harbour provided to give warning of any obstruction or danger to navigation or for the regulation of navigation;

"buoyant personal watercraft" means any personal watercraft which by reason of its concave shape provides buoyancy for the carriage of persons;

"the Commissioners" means the Yarmouth (Isle of Wight) Harbour Commissioners;

"general direction" means any direction given or proposed to be given under article 4;

"the harbour limits" means the limits shown on the harbour map;

"the harbour" means Yarmouth (Isle of Wight) harbour as defined in article 3 and Schedule 1;

"the harbour map" means the map prepared in triplicate, signed by the Acting Chief Executive Officer of the Marine Management Organisation and marked "Yarmouth (Isle of Wight) Harbour Revision Order 2011", of which two copies have been deposited at the office of the Marine Management Organisation and one copy has been deposited at the office of the Commissioners;

"the harbourmaster" means any person appointed as such by the Commissioners, and includes his deputies and assistants, and any other person for the time being authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbourmaster;

"harbour water taxi service" has the meaning given by article 2(2);

"the inner harbour" means so much of the harbour as is referred to in paragraphs 2 and 3 of Schedule 1;

"the level of high water" means the level of mean high water spring tides;

"mooring" includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience provided or used for the mooring of vessels;

"non-buoyant personal watercraft" means any personal watercraft other than a buoyant personal watercraft;

"the Outer Harbour" means so much of the harbour as is referred to in paragraph 1 of Schedule 1;

"personal watercraft" means any watercraft propelled by a jet engine or other mechanical means of propulsion and steered either-

(a) by means of a handlebar operated linkage system (with or without a rudder at the stern); or(b) by the person or persons riding the craft using their body weight for the purpose; or(c) by a combination of the methods referred to respectively in paragraphs (a) and (b);

"special direction" means any direction given or proposed to be given under article 6;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"vessel" means a ship, boat, raft or water craft of any description and includes non-displacement craft, personal watercraft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water;

"the zone" means that part of the area of the Outer Harbour the boundaries of which are described in Schedule 2 and shown edged green on the harbour map.

(2) In this Order "harbour water taxi service" means a service of vessels provided for the primary purpose of carrying members of the public to, from or between locations within the harbour limits and vessels (whether moored, anchored or underway) within the harbour limits, being a service for which a fare is normally levied.

Area of the harbour, etc.

3.-(1) The area within which the Commissioners shall exercise jurisdiction as a harbour authority, and within which the powers of the harbourmaster may be exercised, is the area the boundaries of which are described in Schedule 1 and shown in red on the harbour map together with so much of the harbour premises as is not situated within that area.

(2) In the event of any discrepancy-

(a) between the description of the boundaries of the harbour referred to in paragraph (1) and set out in Schedule 1 and the boundaries shown on the harbour map; or(b) between the description of the boundaries of the zone described in Schedule 2 and the boundaries shown on the harbour map,

the descriptions in question shall prevail over the harbour map.

(3) In this article "the harbour premises" means the quays, piers, landing places and all other works, lands and buildings for the time being vested in, or occupied or administered by, the Commissioners as part of their harbour undertaking.

PART 2

HARBOUR REGULATION

General and special directions

General directions as to use of harbour, etc.

4.-(1) Subject to paragraph (2), the Commissioners may give directions under this article in respect of the harbour for any of the purposes set out in Schedule 3.

(2) The Commissioners shall not give a direction under this article-

(a) for any of the purposes mentioned in paragraphs 1(a) to 1(g) of Schedule 3; or(b) (if the direction relates in whole or in part to any navigable area of the harbour) for any of the purposes mentioned in paragraphs 3(a) or 3(j) of that Schedule

unless the direction is also required for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour.

(3) A direction under this article may apply-

(a) to all vessels or to a class of vessels designated in the direction; or(b) to all persons or to a class of persons designated in the direction; or(c) to the whole of the harbour or to a part designated in the direction; or(d) at all times, or at times designated in the direction,

and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a) to (d).

(4) The Commissioners may revoke or amend any general direction.

Procedures for making general directions and designations, etc.

5. Schedule 4 shall have effect.

Special directions as to use of harbour, etc.

6.-(1) The harbourmaster may give directions under this article in respect of a vessel or (in the case of sub-paragraph (a)) a person anywhere in the harbour for any of the following purposes-

(a) requiring persons to comply with a requirement made in or under-(i) a general direction;(ii) any provision of this Order; or(iii) any other enactment of local application applicable to the harbour or to the Commissioners;(b) regulating or requiring the movement, berthing, mooring or unmooring of the vessel;(c) requiring the removal from any part of the harbour of the vessel if-(i) it is on fire;(ii) it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;(iii) it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour; or(iv) its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour;(d) requiring the removal of the vessel to outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life or to property, or to any part of the harbour referred to in paragraph (3);(e) regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;(f) specifying the precautions to be taken in respect of apparatus, machinery and equipment;(g) for limiting the speed of the vessel;(h) as to the use of the motive power of the vessel;(i) prohibiting or restricting the use of fires, lights or barbecues;(j) as to the discharge or use of ballast.

(2) A special direction relating to a vessel shall specify a particular person or particular persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question readily to be identified.

(3) A special direction may be given for the conservation of any part of the harbour which has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.

(4) In an emergency the harbourmaster may give special directions applicable to all vessels or all vessels within a specified class of vessel for any of the purposes mentioned in paragraph (1).

(5) A special direction may be given in any manner considered by the harbourmaster to be appropriate.

(6) The harbourmaster may revoke...

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