The Newport (Isle of Wight) Harbour Revision Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/139 |
2021 No. 139
Harbours, Docks, Piers And Ferries
The Newport (Isle of Wight) Harbour Revision Order 2021
Made 9th February 2021
Laid before Parliament 16th February 2021
Coming into force 10th March 2021
The Isle of Wight Council 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 that section 14, has by an Order2made under section 42A of the Act3delegated the functions of the appropriate Minister under section 144of the Act to the Marine Management Organisation5.
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) and (3) of the Act, makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Newport (Isle of Wight) Harbour Revision Order 2021 and shall come into force on 10th March 2021.
(2) The Act of 1852, the Order of 1898, the Order of 1988 and this Order may be cited together as the Newport Harbour Provisions 1852 to 2021.
Interpretation
2.—(1) For the purposes of the Newport Harbour Provisions 1852 to 2021—
“the Act of 1847” means the Harbours, Docks, and Piers Clauses Act 18476;
“the Act of 1852” means the River Medina Navigation Act 18527;
“the Order of 1898” means the River Medina Navigation Order 18988;
“the Order of 1968” means the Newport (Isle of Wight) Harbour Revision Order 19689;
“the Order of 1988” means the Newport (Isle of Wight) Harbour Revision Order 198810;
“the Council” means the Isle of Wight Council;
“the delineated limits” means the area defined in article 3(1)(a);
“general direction” means any direction given under article 4;
“harbour” means Newport Harbour as comprised within the harbour limits, including the harbour premises;
“harbour limits” means the limits of the harbour specified in article 3;
“harbour master” means any person appointed as such by the Council, and includes the deputies and assistants of the harbour master, and any other person for the time being authorised by the Council to act, either generally or for a specific purpose, in the capacity of harbour master;
“harbour premises” means land adjacent to the delineated limits, or separated only by a road or other access, for the time being vested in, or occupied or administered by the Council as part of the harbour undertaking and occupied wholly or mainly for the purpose of activities there carried on; which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, other buildings and all other works and conveniences, land and premises;
“harbour undertaking” means the undertaking of the Council authorised by the Newport Harbour Provisions 1852 to 2021;
“jet bike” means any personal watercraft 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 respectively in (a) and (b) above;
“special direction” means any direction given under article 7;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vessel” includes a ship, boat, raft, pontoon or water craft of any description and includes non-displacement craft, jet bike, seaplane 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, storage or access on or under the water; and
“works” means the carrying out of any activity involving construction or the alteration, renewal, extension, breaking up or demolition of any structure or vessel and any engineering, mining or other operations.
PART 2
HARBOUR LIMITS
The Harbour Limits
3.—(1) The limits of the harbour within which the Council exercise jurisdiction as a harbour authority and the powers of the Harbour Master may be exercised are—
(a)
(a) The limits of the area within a line drawn from a parish boundary marker at 50° 44’ 01” N 01° 16’ 52” W (1) by the north side of a public house called “The Folly”, on the eastern bank of the river Medina, from there on a bearing of 272°, to the western bank of that river to a position at 50° 44’ 02” N 01° 17’ 07” W (2). From that position along the line of the mean high water mark up the western bank of the river Medina to a position at 50° 42’ 07” N 01° 17’ 32” W (3). At the north end of the weir, then running across the weir and the tributaries of the river Medina called Lukely Brook to a position at 50° 42’ 06” N 01° 17’ 32” W (4) at the south end of the weir. From that position along the line of the high water mark up the southern bank of the river Medina to 50° 41’ 58” N 01° 17’ 23” W (5) at the western end of the weir across the weir and the river medina, to a position at 50° 41’ 58” N 01° 17’ 22” W (6) at the eastern end of the weir. From that position along the line of the high water mark up the eastern bank of the river Medina to southern side of Island harbour lock at 50° 43’ 30” N 01° 16’ 48” W (7) then across the Lock channel to the opposite side at 50° 43’ 31” N 01° 16’ 47” W (8). From that position along the line of the high water mark up the eastern bank of the river Medina to position at 50° 43’ 54” N 01° 16’ 37” W (9) on the southern side of the tributary, then across the mouth of the tributary to position at 50° 43’ 55” N 01° 16’ 37” W (10) on the northern bank. From that position along the line of the high water mark to the start point at the parish boundary marker, on the eastern bank of the river at 50° 44’ 01” N 01° 16’ 52” W (1) to the north side of a public house called “The Folly”,
(b)
(b) the extent of those parts of the harbour premises not within that area.
(2) In the event of any discrepancy between the descriptions of the boundaries of the harbour referred to in paragraph (1) and the boundaries shown on the harbour map the description of the boundaries shall prevail over the harbour map.
(3) In this article—
(a)
(a) “the harbour map” has the same meaning as that ascribed to the “signed map” in the Order of 198811;
(b)
(b) “the level of high water” means the level of mean high water spring tides; and
(c)
(c) all coordinates are in degrees, minutes and seconds and based on WGS84 datum, where “WGS84” means the World Geodetic System 1984.
(4) The Council must keep, and make available for inspection at its main office and on its website within the period of 30 days beginning with the day on which this Order comes into force, an illustrative plan12.
(5) The Council must update the illustrative plan to reflect any alterations to the extent of the harbour premises within the period of 30 days beginning with the day on which the alterations are made.
(6) In this article “illustrative plan” means a plan showing, for illustrative purposes only, the harbour limits and harbour premises as described in article 3.
PART 3
HARBOUR REGULATION
Power to make general directions as to use of harbour, etc.
4.—(1) The Council may, in accordance with the requirements of article 5, give directions for the purpose of promoting or securing conditions conducive to—
(a)
(a) the ease, convenience or safety of navigation,
(b)
(b) the safety of persons,
(c)
(c) the protection of property, or
(d)
(d) the prevention or amelioration of environmental harm in the harbour.
(2) A direction under this article may apply—
(a)
(a) to all vessels or to a class or type of vessel,
(b)
(b) to persons designated in the direction,
(c)
(c) to the whole of the harbour or to a part, or
(d)
(d) at all times or at certain times or at certain states of the tide,
and every direction under this article shall specify the extent of its application including its geographical extent in relation to the matters referred to in sub-paragraphs (a), (b) (c) and (d).
(3) The Council may amend or revoke a direction given under paragraph (1).
(4) For the purposes of this article, “environmental harm” means significant harm to the health of living organisms or other interference with the ecological systems of which they form part.
(5) The Council must keep and make available at its main office and on its website a public register of all in force directions13.
Procedure for giving, amending or revoking general directions
5.—(1) Subject to paragraph (7), if the Council proposes to give, amend or revoke a general direction under article 4 (general directions), it must—
(a)
(a) give notice in writing of the proposal to the “designated consultees”, them being;
(i) the Chamber of Shipping,
(ii) the Royal Yachting Association, and
(iii) 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 Council’s website and in prominent locations in the harbour and at the Council’s main office on the same date as the notice given in accordance with sub-paragraph (a) and keep those notices on display for a minimum of 6 weeks;
(c)
(c) consult with the designated consultees upon the proposal, including allowing a period of not less than 6 weeks beginning with the date of the notice 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 Council on the proposal;
(d)
(d) have regard to all representations made during that consultation;
(e)
(e) give notice in writing to the designated consultees...
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