The Dart Harbour and Navigation Harbour Revision Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/129 |
| Year | 2021 |
2021 No. 129
Harbours, Docks, Piers And Ferries
The Dart Harbour and Navigation Harbour Revision Order 2021
Made 9th February 2021
Laid before Parliament 16th February 2021
Coming into force 12th March 2021
Dart Harbour and Navigation Authority has applied for a harbour revision order in accordance with section 14 of the Harbours Act 19641(“the Act”).
The Secretary of State, as the appropriate Minister for the purposes of section 14, has by an Order2under section 42A of the Act3delegated the functions of the appropriate Minister under section 144to the Marine Management Organisation5.
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 18476;
“the Act of 1975” means the Dart Harbour and Navigation Authority Act 19757;
“the Order of 2002” means the Dart Harbour and Navigation Harbour Revision (Constitution) Order 20028;
“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 Strond9;
“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)
(a) the ease, convenience or safety of navigation;
(b)
(b) the safety of persons;
(c)
(c) the protection of property, flora or fauna; or
(d)
(d) the ease, convenience or safety of harbour operations ashore;
within the harbour.
(2) A direction under this article may apply—
(a)
(a) to all vessels or to a class of vessels;
(b)
(b) to all vehicles or to a class of vehicle;
(c)
(c) to persons designated in the direction;
(d)
(d) to the whole of the harbour or to a part; or
(e)
(e) at all times or at certain times or at certain states of the tide;
and every direction must specify the extent of its application including its geographical extent in relation to the matters referred to in sub-paragraphs (a), (b), (c), (d) and (e).
(3) The Authority may amend or revoke a direction given under paragraph (1).
(4) The Authority must keep and make available for inspection at its main office and on its website10a public register of all in force general directions.
Procedure for giving, amending or revoking general directions
4.—(1) Subject to paragraph (7), if the Authority proposes to give, amend or revoke a general direction, it must—
(a)
(a) give notice in writing of the proposal and a plan of the area over which the proposal applies to the “designated consultees” them being;
(i) Chamber of Shipping;
(ii) the Royal Yachting Association;
(iii) the Dart Harbour User Group; and
(iv) such other persons or organisations as it considers appropriate for the purposes of the application of this provision;
(b)
(b) place a notice of the proposal on the Authority’s website and in prominent locations at the Authority’s main office on the same date as the notice given in accordance with sub-paragraph (a) and keep that notice on display for a minimum of 6 weeks;
(c)
(c) consult with the designated consultees upon the proposal and allow a period of not less than 6 weeks beginning with the date of the notices given in accordance with sub-paragraphs (a) and (b) for written representations to be made by the designated consultees and any other persons to the Authority regarding the proposal;
(d)
(d) have regard to all representations made during consultation;
(e)
(e) give notice in writing to the designated consultees, and to those other persons that have provided a consultation response, following consultation as to whether the Authority proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for so doing; and
(f)
(f) if the Authority proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their objection to the proposal within 28 days beginning with the date of the notice given in accordance with sub-paragraph (e), or such longer period as the Authority may specify.
(2) Where the Authority has complied with paragraph (1), it may proceed to give, amend or revoke a general direction if—
(a)
(a) none of the designated consultees have made representations against the proposal;
(b)
(b) none of the designated consultees which made representations against the proposal have confirmed in writing that they are maintaining their objection to the proposal in accordance with paragraph (1)(f); or
(c)
(c) where a designated consultee has maintained an objection in accordance with paragraph (1)(f), the requirements of paragraph (3) have been complied with.
(3) Where a designated consultee has confirmed in writing to the Authority that they maintain their objection to a proposal—
(a)
(a) the issue must be referred to an independent person (“the adjudicator”) appointed—
(i) by agreement between the Authority and each designated consultee maintaining an objection in accordance with paragraph...
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