The Dart Harbour and Navigation Harbour Revision Order 2021

Cited as:SI 2021/129
Jurisdiction:UK Non-devolved

2021No. 129

HARBOURS, DOCKS, PIERS AND FERRIES

The Dart Harbour and Navigation Harbour Revision Order 2021

Made9thFebruary2021

Laid before Parliament16thFebruary2021

Coming into force12thMarch2021

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

PART 2

GENERAL DIRECTIONS AND SPECIAL DIRECTIONS

3. Power to make general directions as to use of harbour, etc.

4. Procedure for giving, amending or revoking general directions

5. Publication of general directions

6. Special directions

7. Failure to comply with directions

8. Enforcement of directions

9. Master's responsibility in relation to directions

10. Saving for existing directions, byelaws etc.

PART 3

MISCELLANEOUS

11. Saving for Trinity House

12. Crown Rights

13. Notices

14. Amendments to the Act of 1975

Dart Harbour and Navigation Authority has applied for a harbour revision order in accordance with section 14 of the Harbours Act 1964( 1) (“the Act”).

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

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

PART 1

PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Dart Harbour and Navigation Harbour Revision Order 2021 and shall come into force on 12th March 2021.

(2) The Dart Harbour and Navigation Authority Act 1975, the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002 and this Order may be cited together as the Dart Harbour and Navigation Act and Orders 1975 to 2021.

Interpretation

2.—(1) In this Order—

“the Act of 1847” means the Harbours, Docks and Piers Clauses Act 1847( 6);

“the Act of 1975” means the Dart Harbour and Navigation Authority Act 1975( 7);

“the Order of 2002” means the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002( 8);

“ashore” means all those parts of the harbour which are not constituted of land covered by water at the level of low water;

“the Authority” means the Dart Harbour and Navigation Authority;

“Dart Harbour User Group” means the consultative body or bodies established by the Authority in accordance with the requirements of article 14 of the Order of 2002;

“general direction” means a direction given under article 3 of this Order;

“harbour” means the harbour as defined in section 2(1) (interpretation) of the Act of 1975 the limits of which are described in section 38 (limits of jurisdiction) of the Act of 1975;

“the harbour master” means any person appointed as such by the Authority, and includes the duly authorised deputies and assistants of the harbour master and any other person for the time being authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master;

“harbour operations” includes—

(a) the marking, lighting or dredging of the harbour or any part thereof;

(b) the berthing, mooring, dry docking or storage of a vessel;

(c) the laying and maintenance of moorings or other similar apparatus in the harbour;

(d) the warehousing, sorting, weighing or handling of goods;

(e) the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits, removal from the harbour);

(f) the towing, or moving of a vessel;

(g) the loading or unloading of goods, or embarking or disembarking of passengers;

(h) energy generation;

(i) the control of use of the harbour by members of the public and other third parties (including movement, conduct, authorised activities, designated and prohibited areas) but not so as to cause an interference with any public right of way;

“harbour premises” means the harbour premises as defined in section 2(1) (interpretation) of the Act of 1975;

“harbour undertaking” means the undertaking for the time being of the Authority as set out in the Dart Harbour and Navigation Act and Orders 1975 to 2021;

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

“jet bike” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a water 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);

(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 in (a) and (b) above;

“land” includes land covered by water except where expressly stated otherwise;

“the level of low water” means the level of mean low-water springs;

“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;

“special direction” means a direction given under article 6 of this Order;

“Trinity House” means the Corporation of Trinity House of Deptford Strond( 9);

“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans, bicycles, and mobile homes and includes a hovercraft or any other amphibious vehicle;

“vessel” includes a ship, boat, houseboat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a jet bike, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted or floating on or being submersed in water (whether permanently or temporarily);

(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.

PART 2

GENERAL DIRECTIONS AND SPECIAL DIRECTIONS

Power to make general directions as to use of harbour, etc.

3.—(1) The Authority may, in accordance with the requirements of article 4, give a direction for—

(a) the ease, convenience or safety of navigation;

(b) the safety of persons;

(c) the protection of property, flora or fauna; or

(d) the ease, convenience or safety of harbour operations ashore;

within the harbour.

(2) A direction under this article may apply—

(a) to all vessels or to a class of vessels;

(b) to all vehicles or to a class of vehicle;

(c) to persons designated in the direction;

(d) to the whole of the harbour...

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