Felixstowe Dock and Railway Harbour Revision Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2618 |
2002 No. 2618
HARBOURS, DOCKS, PIERS AND FERRIES
The Felixstowe Dock and Railway Harbour Revision Order 2002
Made 10th October 2002
Coming into force 31th October 2002
Whereas the Felixstowe Dock and Railway Company have applied for a harbour revision order under section 14 of the Harbours Act 19641;
And whereas the Secretary of State having, in pursuance of paragraph 4 of Schedule 3 to the said Act2, determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC3on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex IV to the Directive;
And whereas the Secretary of State has in accordance with paragraph 15 of the said Schedule, furnished bodies appearing to him to have environmental responsibilities with the information supplied to him under paragraph 8 of that Schedule and has consulted such bodies;
And whereas there was an objection made to the application which was not withdrawn, and an inquiry was held in accordance with paragraph 18 of Schedule 3 to the Harbours Act 1964;
And whereas the Secretary of State has considered the information supplied under paragraph 4 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry, and is satisfied as mentioned in section 14(2)(b) of the said Act;
Now, therefore, the Secretary of State for Transport, Local Government and the Regions (being the appropriate Minister under subsection (1) of the said section 144) in exercise of the powers conferred by that section and now vested in him5, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1.—(1) This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2002 and shall come into force on 31st October 2002.
(2) The Felixstowe Dock and Railway Acts 1879 to 1988 and this Order may be cited together as the Felixstowe Dock and Railway Acts and Order 1879 to 2002.
Interpretation
2.—(1) In this Order:
“the 1988 Act” means the Felixstowe Dock and Railway Act 19886;
“the Company” means the Felixstowe Dock and Railway Company;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Felixstowe Dock and Railway Harbour Revision Order 2002” of which copies are deposited at the offices of the Secretary of State for the Environment, Transport and the Regions and the registered office of the Company;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts 1879 to 1988 and includes the open cut or channel also constructed under those powers, all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;
“Harwich Haven Authority” has the meaning assigned by the Harwich Harbour Acts and Orders 1973 to 2000;
“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;
“the river” means the river Orwell;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“work” means any work authorised by article 4 of this Order, and any works constructed under article 6 of this Order for or in connection with or subsidiary to any of those works and includes those works as reconstructed, extended, enlarged, replaced or relaid under paragraph (2) of the said article 4.
(2) All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Limits of dock
3.—(1) The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in Schedule 1 to this Order and notwithstanding anything contained in the Felixstowe Dock and Railway Acts 1879 to 1988, references in any of those Acts or in any byelaws, orders or regulations made under those Acts to the limits of the dock shall be construed as references to the limits so described.
(2) The area described in paragraph (1) above is, for the purpose of identification only, shown edged red on sheet 3 of the deposited plans.
(3) Subsection (1) of section 3 (Limits of dock) of, and the Schedule to, the 1988 Act are hereby repealed.
Power to construct works
4.—(1) Subject to the provisions of this Order, the Company may within in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the work hereinafter described, with all necessary works and conveniences connected therewith—
A quay, including berths for vessels and a container storage and handling park, enclosing an area of 7.27 hectares extending into the estuary of the river from the north-east bank of the estuary and being an extension in a north-westerly direction of the work as so described and authorised by the 1988 Act to the extent constructed, commencing at the north-western limit of that work as constructed and shown on the deposited plans and described thereon as “Limit of deviation and line of commencement of work” and terminating on a line shown on the deposited plans and described thereon as “Line of termination of work” between reference point TM2557834830, TM2564334930, TM2566434916 and TM2576135045.
(2) Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
(3) The Company may, by means of the work authorised by subsection (1) above, enclose and reclaim so much of the bed of the sea and of the river and of the foreshore adjacent to the dock as lies within the limits of deviation and may hold and use the same as part of the undertaking.
(4) The work shall for all purposes form part of the undertaking of the Company as from time to time existing.
Power to deviate
5. In the construction of the work the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the work shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
6. Subject to the provisions of this Order, the Company may from time to time within the limits of deviation make such trial boreholes or erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the work.
Period for completion of work
7. If the work is not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
Power to dredge
8.—(1) The Company may, for the purposes of constructing and maintaining the work and of affording access to the work by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the work and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 19957), from time to time dredged by them.
(2) No such materials shall be laid down or deposited—
(a)
(a) in contravention of the provisions of any enactment as respects the disposal of waste; or
(b)
(b) in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
(3) The Company shall consult with Harwich Haven Authority before exercising the powers conferred on them by this article.
Obstruction of work
9. Any person who...
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