The Cornwall Harbours Harbour Revision Order 2023
S.I. 2023/675 · Made 19 June 2023 · Extends to England and Wales
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 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
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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
- f3
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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
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For the definition of “the Minister”, see section 57(1) of the Harbours Act 1964 (c. 40).
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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
- Part 1: PRELIMINARY
- 1Citation, commencement and extent
- 2Interpretation
- 3Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847
- Part 2: HARBOURS JURISDICTION, GENERAL FUNCTIONS, ESTABLISHMENT AND CONSTITUTION OF BOARD AND ADVISORY BODIES
- 4Harbours Jurisdiction
- 5General functions
- 6Establishment of a Board
- 7Composition of the Board
- 8Non-voting Co-opted members
- 9Terms of office for Board members
- 10Casual vacancies
- 11Disqualification or removal of Board members
- 12Meetings of the Board
- 13Advisory bodies
- Part 3: FINANCIAL
- 14Application of finances
- 15Port of Truro Reserve Fund
- 16Port of Penryn Reserve Fund
- 17General reserve fund
- 18Borrowing
- Part 4: HARBOURS REGULATION
- 19Aids to navigation
- 20Repair of landing places, etc.
- 21Restriction of works and dredging
- 22Control of certain operations and works of statutory undertakers
- 23Licensing of works
- 24Licence to dredge
- 25Appeals in respect of works or dredging licence
- 26Obstruction of works
- 27Parking places and related facilities
- 28Removal of vehicles and vessels
- 29Power to make byelaws
- 30Confirmation of byelaws
- 31Power to make general directions as to use of the harbours, etc.
- 32Procedure for giving, amending or revoking general directions
- 33Publication of general directions
- 34Special directions
- 35Failure to comply with directions
- 36Enforcement of special directions
- 37Master’s responsibility in relation to directions
- 38Saving for existing directions, byelaws etc.
- Part 5: CHARGES
- 39Charges other than ship, passenger and goods dues
- 40Charges for services or facilities
- 41Setting of charges
- 42Payment of charges
- 43Compounding arrangements and rebates
- 44Deposit for charges
- 45Liens for charges
- 46Refusal to pay charges for landing place etc.
- 47Exemptions from harbour dues
- 48Recovery of charges
- 49Harbour master may prevent sailing of vessels
- Part 6: MISCELLANEOUS AND GENERAL
- 50Power to dredge
- 51Power to lay moorings
- 52Power to licence moorings
- 53Offences as to moorings
- 54Development of land etc.
- 55Powers to grant tenancies and dispose of land
- 56Power to appropriate lands and works for particular uses, etc.
- 57Other commercial activities
- 58Power to delegate functions
- 59Bunkering
- 60Power with respect to disposal of wrecks
- 61Power to deal with unserviceable vessels
- 62Removal of obstructions other than vessels
- 63Boarding of vessels or vehicles
- 64Notices
- 65Saving for Trinity House
- 66Crown Rights
- 67Amendment of Act and Orders
- 68Revocation / Repeal
- Signature
- Schedule 1: LIMITS OF THE HARBOURS
- 1Bude Harbour
- 2Newquay Harbour
- 3Port of Penryn
- 4Penzance Harbour
- 5Portreath Harbour
- 6Portscatho Harbour
- 7Portwrinkle Harbour
- 8Prince of Wales Pier
- 9St Ives Harbour
- 10Port of Truro
- Schedule 2: PROVISIONS APPLYING TO THE BOARD
- 1Meetings of the Board
- 2Chair and vice-chair of Board
- 3Vacation of office by a member of the Board
- 4Reappointment of chair
- 5Proceedings of meeting of the Board
- 6Validity of acts of the Board
- 7Remuneration of members of the Board
- 8Role of the Board
- 9Role of the Board
- 10General
- Schedule 3: PURPOSES FOR WHICH BYELAWS MAY BE MADE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Schedule 4REVOCATION / REPEAL
- Schedule 5: ACTS AND ORDERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Explanatory note