Fraserburgh Harbour Revision Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1527 |
| Year | 1995 |
1995 No. 1527 (S.109)
HARBOURS, DOCKS, PIERS AND FERRIES
The Fraserburgh Harbour Revision Order 1995
Made 12th June 1995
Coming into force 19th June 1995
Whereas the Fraserburgh Harbour Commissioners have applied for a harbour revision order under section 14 of the Harbours Act 19641:
And whereas the Secretary of State has, in pursuance of paragraph 1A 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 but whose characteristics do not require that it should be made subject to an environmental assessment:
And whereas the Secretary of State is 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:
Now, therefore, the Secretary of State for Scotland, in exercise of the powers conferred by section 14 of the said Act and of all other powers enabling him in that behalf, hereby makes the following Order
PART I
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Fraserburgh Harbour Revision Order 1995 and shall come into force on 19th June 1995.
(2) The Fraserburgh Harbour Order 19854, the Fraserburgh Harbour (No.2) Order 19855, the Fraserburgh Harbour Order 19906and this Order may be cited together as the Fraserburgh Harbour Orders 1985 to 1995.
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 body corporate known as the Fraserburgh Harbour Commissioners;
“deposited plan and sections” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and sections referred to in Article 2 of the Fraserburgh Harbour Revision Order 1995” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the Commissioners;
“enactment” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;
“harbour” means the harbour of Fraserburgh as defined in section 2 (Interpretation) of the Fraserburgh Harbour Order 1985;
“harbour undertaking” means the undertaking of the Commissioners in connection with the harbour;
“level of high water” means the level of mean high-water springs;
“level of low water” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“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;
“works” means the works authorised by article 3 (Power to carry out works) of this Order or, as the case may require, any part thereof.
(2) All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.
PART II
WORKS
Power to carry out works
3.—(1) Subject to the provisions of this Order, the Commissioners may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections, carry out and maintain the following improvement works in the parish of Fraserburgh, Banff and Buchan district, Grampian Region, together with all necessary and proper works and conveniences connected therewith or incidental thereto:—
Work No.1A.
A refacing of the quay wall in Balaclava Harbour to a width of 4 metres commencing at Point A at the eastern end of Provost Park’s Jetty, thence extending to Points B and C at Bisset’s Quay and to Point D at the north-east corner of Provost Anderson’s Jetty and terminating at Point E at the south-east corner of Provost Anderson’s Jetty.
Work No.1B.
A refacing of the quay wall in Balaclava Harbour to a width of 4 metres commencing at Point F at the western end of Baillie Dickson’s Jetty, thence extending to Points G and H at Balaclava Pier and to Point I at the north-west corner of Abernethy Jetty and terminating at Point J at the south-west corner of Abernethy Jetty.
Work No.1C.
A refacing of the quay wall in Balaclava Outer Harbour to a width of 4 metres commencing at Point K at the north side of North Pier and terminating at Point L at the north side of North Pier.
Work No.2A.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point L at the north side of North Pier and terminating at Point M at the north-east corner of North Pier.
Work No.2B.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point N at the south side of Steamboat Quay and terminating at Point O at the south-west of Steamboat Quay.
Work No.2C.
Underpinning at Balaclava Outer Harbour for 2 metres in width commencing at Point E at the south-east corner of Provost Anderson’s Jetty and terminating at Point Q at the south side of Provost Anderson’s Jetty.
Work No.2D.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point J at the south-west corner of Abernethy Jetty and terminating at Point P at the south side of Abernethy Jetty.
Work No.2E.
Underpinning in Balaclava Harbour for 2 metres in width commencing at Point A at the south-east corner of Provost Park’s Jetty and terminating at Point R at the north-east corner of Provost Park’s Jetty.
Work No.2F.
Underpinning in Balaclava Harbour for 2 metres in width commencing at Point F at the south-west corner of Baillie Dickson’s Jetty and terminating at Point S at the western end of Baillie Dickson’s Jetty.
Work No.3.
A deepening by means of excavation of the Entrance Channel to the harbour and Balaclava Outer Harbour to a depth of 8 metres below the level of low water within the area commencing at Point P, extending westwards to Point Q, southwards to Point K, south-eastward to Points M and U, north-eastward to Point T, north-westwards to Point P and there terminating.
Work No.4.
Demolition to seabed level of the eastern end of Provost Anderson’s Jetty for a length of 8 metres; deepening by means of excavation of Balaclava Harbour to a depth of 8 metres below the level of low water within the area commencing at Point E, extending northwards to Point D, westwards to Point C, northwards to Point B, eastwards to Point A, northwards to Point R, eastwards to Point S, southwards to Point F, eastwards to Point G, southwards to Point H, westwards to Point I, southwards to Point J and there terminating.
(2) The Commissioners may, within the limits of deviation, renew and alter temporarily or permanently the works.
Power to deviate
4. Subject to the provisions of this Order, in carrying out the works the Commissioners may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation shown on the said plan and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 1 metre upwards or 2 metres downwards.
Subsidiary works
5. Subject to the provisions of this Order, the Commissioners may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to dredge
6.—(1) Subject to the provisions of this Order the Commissioners may from time to time deepen, dredge, scout, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the harbour or any part of it or the accommodation of vessels thereat.
(2) The Commissioners may use, appropriate or dispose of any material (other than a wreck within the meaning of Part IX of the Merchant Shipping Act 18947) from time to time dredged by them from the harbour.
Obstructing Works
7. Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of harbour undertaking
8. The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Commissioners for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Commissioners accordingly.
Tidal works not to be executed without approval of Secretary of State
9.—(1) A tidal work shall not be demolished, constructed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.
(2) If a tidal work is demolished, constructed, renewed or altered in contravention of this section or of any condition or...
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