The Poole Harbour Revision Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/1777 |
2012 No. 1777
Harbours, Docks, Piers And Ferries
The Poole Harbour Revision Order 2012
Made 5th July 2012
Coming into force 23th July 2012
The Poole Harbour Commissioners have applied for a harbour revision order under section 14 of the Harbours Act 19641.
Objections to the making of an order were received but have been withdrawn.
The Secretary of State is the appropriate Minister under section 14(7) of that Act2and is satisfied as mentioned in section 14(2)(b).
The Secretary of State, in exercise of the powers conferred by that section and now vested in her3, makes the following Order:—
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Poole Harbour Revision Order 2012.
(2) This Order comes into force on 23rd July 2012.
Interpretation
2. In this Order—
“the 1847 Act” means the Harbours, Docks and Piers Clauses Act 18474;
“the 1964 Act” means the Harbours Act 1964;
“the 1995 Act” means the Merchant Shipping Act 19955;
“the 2001 Order” means the Poole Harbour Revision Order 20016;
“the 2006 Act” means the Companies Act 20067;
“aids to navigation” means any sign, light, beacon, mark, navigational buoy, tide pole or other object in or in the vicinity of the harbour provided to give warning of any obstruction or danger to navigation or for the regulation of navigation;
“authorised officer” means the harbourmaster or another employee of the Commissioners who is authorised in writing by the harbourmaster to act in relation to the relevant provision of this Order;
“the Commissioners” means the Poole Harbour Commissioners;
“general direction” means a direction given under article 12;
“the harbour” means Poole harbour as defined in article 4 and Schedule 1;
“the harbour map” means the map prepared in triplicate, signed by the Head of Maritime Commerce and Infrastructure Division of the Department for Transport and marked “Poole Harbour Revision Order 2012”, of which two copies have been deposited at the office of the Secretary of State for Transport and one copy has been deposited at the office of the Commissioners;
“the harbour premises” means the quays, piers, landing places and all other works, lands and buildings for the time being vested in, or occupied or administered by, the Commissioners as part of their harbour undertaking;
“the harbourmaster” means any person appointed as such by the Commissioners, and includes the deputies and assistants of the harbourmaster, and any other person for the time being authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbourmaster;
“houseboat” means any vessel or structure lying in the water or on the foreshore of the harbour all or part of which is used or capable of being used as a place of habitation (whether temporarily, intermittently or permanently), as a store or as a place for accommodating or receiving persons for the purposes of shelter, recreation, entertainment or refreshment, as club premises or as offices and includes the remains or wreckage of a vessel or structure formerly so used or capable of being so used, but does not include any ship registered under the 1995 Act or any vessel bona fide used for navigation;
“the level of high water” means the level of mean high water spring tides;
“the level of low water” means the level of mean low water spring tides;
“mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience provided or used for the mooring of vessels;
“personal watercraft” 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 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); or
(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);
“special direction” means a direction given under article 14;
“statutory undertaker” means—
(a) any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 19908;
(b) a coast protection authority within the meaning of section 1 of the Coast Protection Act 19499;
(c) any operator of any electronic communications apparatus within the meaning of the Communications Act 200310;
“Trinity House” means the Corporation of Trinity House of Deptford Strond; and
“vessel” means a ship, boat, raft or watercraft of any description and includes non-displacement craft, personal watercraft, seaplanes 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 on water and, for the purpose of article 55, a houseboat.
Incorporation of Harbours, Docks, and Piers Clauses Act 1847
3.—(1) Subject to paragraphs (2) and (3), sections 2, 3, 23, 27, 29, 31 to 46, 52, 53, 55 to 59, 61 to 66, 69 to 71 and 73 to 78 of the 1847 Act are incorporated in this Order.
(2) For the purposes of the sections incorporated by paragraph (1)—
(a)
(a) “the special Act” means this Order;
(b)
(b) “the harbour, dock or pier” means the harbour;
(c)
(c) “the Promoters of the undertaking” and “the undertakers” mean the Commissioners; and
(d)
(d) “vessel” has the meaning given by article 2.
(3) The sections referred to in paragraph (1) are incorporated subject to the following modifications—
(a)
(a) the maximum fine for any summary offence under any of those sections shall be level 4 on the standard scale;
(b)
(b) in section 23, the words “provided that no such lease be granted for a longer term than three years” shall be omitted;
(c)
(c) nothing in section 53 requires the harbourmaster to serve upon the master of a vessel notice in writing of the direction but such directions may be given orally, or in any other reasonable manner;
(d)
(d) in section 63, for the words from “to a penalty” to the end of the section substitute the words “on summary conviction to a fine not exceeding level 4 on the standard scale”;
(e)
(e) in section 69, for the words “forfeit” to the end of the section substitute the words “be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
(4) Except as provided in this article, the provisions of the 1847 Act are not incorporated in this Order.
Area of the harbour
4.—(1) The area within which the Commissioners may exercise jurisdiction as a harbour authority, and within which the powers of the harbourmaster may be exercised, is the area described in Schedule 1 and shown edged in red on the harbour map together with so much of the harbour premises as is not situated within that area.
(2) In the event of any discrepancy between the description of the boundaries of the harbour in Schedule 1 and the boundaries shown on the harbour map, the description in Schedule 1 prevails.
PART 2
HARBOUR REGULATION
Management and control of harbour
General functions in respect of harbour
5.—(1) The Commissioners must take such steps as they may consider necessary or desirable from time to time for the conservancy, protection, regulation, maintenance, operation, management and improvement of—
(a)
(a) the harbour and its approaches; and
(b)
(b) the harbour facilities.
(2) For those purposes, and without prejudice to the generality of the foregoing, the Commissioners may—
(a)
(a) improve, maintain, regulate, manage, mark and light the harbour and provide harbour facilities;
(b)
(b) acquire any undertaking or part of an undertaking;
(c)
(c) turn their resources to account;
(d)
(d) do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour; and
(e)
(e) subject to obtaining the necessary right in or over land—
(i) place, execute, operate, maintain, renew, alter, remove and reconstruct structures and works and equipment in the harbour; and
(ii) provide, maintain and operate railways and related works and facilities on the harbour premises;
(3) This article is without prejudice to the powers of the Commissioners under or by virtue of any other enactment.
Declaration of draught, etc., of vessel
6.—(1) The master of a vessel entering, leaving or intending to enter or leave the harbour must, if required to do so by the harbourmaster, state—
(a)
(a) the length overall, beam and draught of the vessel;
(b)
(b) the tonnage of the vessel;
(c)
(c) its last port of call and destination;
(d)
(d) particulars of its cargo;
(e)
(e) particulars of its ownership and of any agents acting for the vessel while remaining in the harbour;
(f)
(f) particulars of any defect which may affect the vessel’s ability to navigate safely;
(g)
(g) such other particulars relating to the vessel as the Commissioners may require.
(2) The information referred to in paragraph (1) must be given orally or, if the harbourmaster so requires, in writing in a form prescribed by the Commissioners copies of which shall be provided by the harbourmaster.
(3) The master of a vessel who in response to a requirement under paragraph (1) without reasonable excuse gives incorrect information is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale, without prejudice to any right of the Commissioners to compensation for loss or damage caused.
(4) For the purpose of this article “draught” means—
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