The Port of Ipswich Harbour Revision Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/554 |
| Year | 2006 |
2006 No. 554
HARBOURS, DOCKS, PIERS AND FERRIES
The Port of Ipswich Harbour Revision Order 2006
Made 21th February 2006
Coming into force 7th March 2006
Whereas Ipswich Port Limited has applied for a harbour revision order under section 14 of the Harbours Act 19641;
And whereas by virtue of the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 20022the undertaking of Ipswich Port Limited as harbour authority for the Port of Ipswich has been transferred to Associated British Ports;
And whereas the Secretary of State for Transport is satisfied as mentioned in subsection (2) of the said section 14:
Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 143), in exercise of the powers conferred by that section and now vested in him4and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Port of Ipswich Harbour Revision Order 2006 and shall come into force on 7th March 2006.
(2) The Ipswich Dock Acts and Orders 1852 to 1986, the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002 and this Order may be cited together as the Ipswich Dock Acts and Orders 1852 to 2006.
Interpretation
2.—(1) In this Order —
“the 1847 Act” means the Harbours Docks and Piers Clauses Act 18475;
“the 1965 Act” means the Compulsory Purchase Act 19656;
“the annexed map” means the map annexed to this Order;
“Chart Datum” in relation to any depth of dredging is 2.07 metres below Ordnance Datum (Newlyn);
“A.B. Ports” means Associated British Ports;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Plan and sections referred to in the Port of Ipswich Harbour Revision Order 2006” one copy of which is deposited at the Department and the other at the principal office of A.B. Ports;
“dock superintendent” and “harbour master” have the same meaning as in section 3(1) of the Ipswich Dock Act 19717;
“the limits of deviation” means the limits of deviation for Works Nos. 1 and 2 shown on the deposited plan;
“reference point” means Ordnance Survey National Grid reference point;
“tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking of A.B. Ports at the Port of Ipswich as authorised from time to time;
“the works” means the works authorised by this Order.
(2) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
(3) All points, directions, and lengths as stated in any description of works, powers or lands other than Article 5 (Power to deviate) below shall be construed as if the words “or thereabouts” were inserted after each such point, direction, distance and length.
PART 2
WORKS PROVISIONS
Power to make works
3.—(1) A.B. Ports may, in the lines and situations shown on the deposited plan and according to the levels shown on the deposited sections, make and maintain the following works on the bed of the river Orwell:-
Work No.1A new quay extending the existing No.2 Shed Quay commencing at reference point TM16704 42068, then extending into the river in a southerly and then south-easterly direction and terminating at reference point TM 16783 41898 on the existing Power Station quay.A new quay extending the existing Power Station quay commencing at reference point TM 16850 41772, then extending into the river in a south-easterly direction to reference point TM 17075 41504, and then returning in a north-easterly direction to reference point TM17113 41537 on the existing Ash Lagoon wall.
Work No.2A new quay extending the existing Power Station quay commencing at reference point TM 16850 41772, then extending into the river in a south-easterly direction to reference point TM 17075 41504, and then returning in a north-easterly direction to reference point TM17113 41537 on the existing Ash Lagoon wall.
(2) A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
(3) The works shall for all purposes form part of the undertaking.
Power to make subsidiary works
4. A.B. Ports may:
(a) from time to time within the limits of deviation erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of the works or the accommodation of vessels thereat.
(b) in the course of constructing, replacing altering or reconstructing the works carry out construction activity, including the temporary placing of plant and equipment, within the waters adjoining the limits of deviation.
Power to deviate
5. In constructing Works Nos. 1 and 2 A.B. Ports may deviate laterally from the lines or situations shown on the deposited plan and described in article 3 (Power to make works) above to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
6. Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to dredge
7.—(1) For the purposes of affording uninterrupted and convenient means of access to the works and of enabling their use at all states of the tide, A.B. Ports may, from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Orwell—
(a)
(a) within the area shaded grey on the deposited plan, to a depth of not more than 8.80 metres below Chart Datum; and
(b)
(b) within the area hatched black on the deposited plan, to a depth of not more than 5.90 metres below Chart Datum.
(2) A.B. Ports may (subject to paragraphs (3) and (4) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any operations authorised by this article.
(3) No materials referred to in this article shall;
(a)
(a) be disposed of in contravention of the provisions of any enactment relating to the disposal of waste;
(b)
(b) be deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
(4) The power to use, appropriate, or dispose of materials referred to in this Article shall not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 19958).
Tidal works not to be executed without approval of Secretary of State
8.—(1) A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed 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.
(2) If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
(a)
(a) the Secretary of State may by notice in writing require A.B. Ports at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon A.B. Ports it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and
(b)
(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from A.B. Ports.
Provision against danger to navigation
9.—(1) In case of injury to, or destruction or decay of, a tidal work or any part thereof, A.B. Ports shall as soon as reasonably...
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