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The Cornwall Harbours Harbour Revision Order 2023

S.I. 2023/675 · Made 19 June 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 July 2023.

Harbours, Docks, Piers And Ferries

Made 19th June 2023

Laid before Parliament 23rd June 2023

Coming into force- 14th July 2023

Cornwall Council has applied for a harbour revision order in accordance with section 14(2)(a) of the Harbours Act 1964f1 (“the Act”).

The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Orderf2 made under section 42A of the Actf3 delegated the functions of the appropriate Minister under section 14f4 to the Marine Management Organisationf5.

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.

Annotations to the whole text

Footnotes

f1

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4(1) and 14 and section 40 and Schedule 12 (Part II), by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1, by S.I. 2006/1177, regulation 2 and the Schedule (Part I), by the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 8 and 9, by S.I. 2009/1941, article 2 and Schedule 1, paragraph 12 and by the Criminal Justice Act 1982 (c. 48), sections 37 and 46. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c. 56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c. 23), section 315 and Schedule 21, paragraphs 1 and 3(2).

f2

S.I. 2010/674.

f3

Section 42A was inserted, in relation to England and Wales, by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

f4

For the definition of “the Minister”, see section 57(1) of the Harbours Act 1964 (c. 40).

f5

The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009 (c. 23). The head office address of the Marine Management Organisation is located at Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847
  5. Part 2: HARBOURS JURISDICTION, GENERAL FUNCTIONS, ESTABLISHMENT AND CONSTITUTION OF BOARD AND ADVISORY BODIES
  6. 4Harbours Jurisdiction
  7. 5General functions
  8. 6Establishment of a Board
  9. 7Composition of the Board
  10. 8Non-voting Co-opted members
  11. 9Terms of office for Board members
  12. 10Casual vacancies
  13. 11Disqualification or removal of Board members
  14. 12Meetings of the Board
  15. 13Advisory bodies
  16. Part 3: FINANCIAL
  17. 14Application of finances
  18. 15Port of Truro Reserve Fund
  19. 16Port of Penryn Reserve Fund
  20. 17General reserve fund
  21. 18Borrowing
  22. Part 4: HARBOURS REGULATION
  23. 19Aids to navigation
  24. 20Repair of landing places, etc.
  25. 21Restriction of works and dredging
  26. 22Control of certain operations and works of statutory undertakers
  27. 23Licensing of works
  28. 24Licence to dredge
  29. 25Appeals in respect of works or dredging licence
  30. 26Obstruction of works
  31. 27Parking places and related facilities
  32. 28Removal of vehicles and vessels
  33. 29Power to make byelaws
  34. 30Confirmation of byelaws
  35. 31Power to make general directions as to use of the harbours, etc.
  36. 32Procedure for giving, amending or revoking general directions
  37. 33Publication of general directions
  38. 34Special directions
  39. 35Failure to comply with directions
  40. 36Enforcement of special directions
  41. 37Master’s responsibility in relation to directions
  42. 38Saving for existing directions, byelaws etc.
  43. Part 5: CHARGES
  44. 39Charges other than ship, passenger and goods dues
  45. 40Charges for services or facilities
  46. 41Setting of charges
  47. 42Payment of charges
  48. 43Compounding arrangements and rebates
  49. 44Deposit for charges
  50. 45Liens for charges
  51. 46Refusal to pay charges for landing place etc.
  52. 47Exemptions from harbour dues
  53. 48Recovery of charges
  54. 49Harbour master may prevent sailing of vessels
  55. Part 6: MISCELLANEOUS AND GENERAL
  56. 50Power to dredge
  57. 51Power to lay moorings
  58. 52Power to licence moorings
  59. 53Offences as to moorings
  60. 54Development of land etc.
  61. 55Powers to grant tenancies and dispose of land
  62. 56Power to appropriate lands and works for particular uses, etc.
  63. 57Other commercial activities
  64. 58Power to delegate functions
  65. 59Bunkering
  66. 60Power with respect to disposal of wrecks
  67. 61Power to deal with unserviceable vessels
  68. 62Removal of obstructions other than vessels
  69. 63Boarding of vessels or vehicles
  70. 64Notices
  71. 65Saving for Trinity House
  72. 66Crown Rights
  73. 67Amendment of Act and Orders
  74. 68Revocation / Repeal
  75. Signature
  76. Schedule 1: LIMITS OF THE HARBOURS
  77. 1Bude Harbour
  78. 2Newquay Harbour
  79. 3Port of Penryn
  80. 4Penzance Harbour
  81. 5Portreath Harbour
  82. 6Portscatho Harbour
  83. 7Portwrinkle Harbour
  84. 8Prince of Wales Pier
  85. 9St Ives Harbour
  86. 10Port of Truro
  87. Schedule 2: PROVISIONS APPLYING TO THE BOARD
  88. 1Meetings of the Board
  89. 2Chair and vice-chair of Board
  90. 3Vacation of office by a member of the Board
  91. 4Reappointment of chair
  92. 5Proceedings of meeting of the Board
  93. 6Validity of acts of the Board
  94. 7Remuneration of members of the Board
  95. 8Role of the Board
  96. 9Role of the Board
  97. 10General
  98. Schedule 3: PURPOSES FOR WHICH BYELAWS MAY BE MADE
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. 12Paragraph 12
  111. 13Paragraph 13
  112. 14Paragraph 14
  113. 15Paragraph 15
  114. 16Paragraph 16
  115. 17Paragraph 17
  116. 18Paragraph 18
  117. 19Paragraph 19
  118. 20Paragraph 20
  119. 21Paragraph 21
  120. 22Paragraph 22
  121. 23Paragraph 23
  122. 24Paragraph 24
  123. 25Paragraph 25
  124. 26Paragraph 26
  125. 27Paragraph 27
  126. 28Paragraph 28
  127. Schedule 4REVOCATION / REPEAL
  128. Schedule 5: ACTS AND ORDERS
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. Explanatory note