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The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

S.I. 2023/690 · Made 21 June 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in S.I. 2023/470 and is being issued free of charge to all known recipients of that Statutory Instrument.

Harbours, Docks, Piers And Ferries

Made 21st June 2023

Coming into force 12th July 2023

The Natural Resources Body for Wales is the conservancy authority, harbour authority and local lighthouse authority for the estuary of the river Deef1 and has applied for a harbour revision order in accordance with section 14 of the Harbours Act 1964f2 (“the 1964 Act”).

There were objections made to the application which were not withdrawn, and an inquiry was held in accordance with paragraph 18(1) of Schedule 3 to the 1964 Actf3.

The Secretary of State has considered the objections made and not withdrawn and the report of the person holding the inquiry.

The Secretary of State is satisfied as mentioned in section 14(2)(b) of the 1964 Act.

The Secretary of State for Transport, being the appropriate Ministerf4 under section 14(7) of the 1964 Act, in exercise of the powers conferred by section 14(1), (2A) and (3) of the 1964 Act and now vested in the Secretary of State for Transportf5, makes the following Order.

Annotations to the whole text

Footnotes

f1

The functions of conservancy authority and harbour authority were conferred on the Dee Conservancy Board by sections 35 and 36 of the Dee Conservancy Act 1889 (c. clvi) and subsequently transferred to the River Dee Catchment Board. That Board was, by virtue of the Rivers Dee and Clwyd Catchment Area Order 1946 (S.I. 1946/1036) combined with the River Clwyd Catchment Board to form the Rivers Dee and Clwyd Catchment Board; this was replaced by the Dee and Clwyd River Board by virtue of the Dee and Clwyd River Board Constitution Order 1950 (S.I 1950/1085) and, in turn, by the Dee and Clwyd River Authority by virtue of the Dee and Clwyd River Authority Constitution Order 1964 (S.I. 1964/1015). Section 2 of the Water Act 1973 (c. 37) transferred the functions of the said River Authority to the Welsh National Water Development Authority and section 142 of the Water Act 1989 (c. 15) transferred that Authority’s functions of a conservancy authority to the National Rivers Authority. Those functions were subsequently transferred to the Environment Agency by virtue of section 2(1)(a)(vi) of the Environment Act 1995 (c. 25). In relation to the functions of local lighthouse authority for the Dee Estuary, section 193(2) of the Merchant Shipping Act 1995 (c. 21) had the effect of conferring those functions on the National Rivers Authority as the then statutory harbour authority before they were vested in the Environment Agency, as mentioned above. The Natural Resources Body for Wales, whose head office address is located at Cambria House, 29 Newport Road, Cardiff CF24 0TP (www.naturalresources.wales), was established by the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W.230)) and the above-mentioned functions of the Environment Agency were transferred to that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W.90)). Mostyn Docks Limited is, however, the harbour authority for that part of the river Dee Estuary described in the Mostyn Docks Orders 1988 to 2016 (see the Mostyn Docks Harbour Revision Order 2016 (S.I. 2016/75)).

f2

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 (8), 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(1) 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).

f3

Schedule 3, paragraph 18(1) was amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 21, paragraph 5(1) and (2).

f4

For the definition of “the minister” as mentioned in section 14(7), see section 57(1) of the 1964 Act (c. 40).

f5

S.I. 1981/238, 1997/2971, 2001/2568, 2002/2626 and 2008/1034.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Incorporation of Harbours, Docks and Piers Clauses Act 1847
  5. Part 2: ESTUARY REGULATION
  6. 4General functions of the Natural Resources Body for Wales in relation to the conservancy undertaking
  7. 5Consultative Committee
  8. 6Aids to navigation
  9. 7Removal of obstructions other than vessels and wreck
  10. 8Moorings
  11. 9Repair of landing places, etc.
  12. 10Power to dredge
  13. 11Power with respect to disposal of wrecks
  14. 12General byelaws
  15. 13General directions to vessels
  16. 14Publication of general directions
  17. 15Special directions
  18. 16Failure to comply with directions
  19. 17Enforcement of special directions
  20. 18Master’s responsibility in relation to directions
  21. Part 3: CHARGES
  22. 19Charges for services or facilities
  23. 20Payment of charges
  24. 21Compounding arrangements and rebates
  25. 22Deposit for charges
  26. 23Liens for charges
  27. 24Exemptions from dues
  28. 25Harbour master may prevent sailing of vessels
  29. Part 4: CONTROL OF WORKS AND DREDGING IN ESTUARY
  30. 26Restriction of works and dredging
  31. 27Control of certain operations and works of statutory undertakers
  32. 28Licensing of works
  33. 29Licence to dredge
  34. 30Appeals in respect of works or dredging licences
  35. 31Lights on tidal works during construction
  36. 32Provision against danger to navigation
  37. 33Abatement of works abandoned or decayed
  38. 34Survey of tidal works
  39. 35Permanent lights on tidal works
  40. Part 5: MISCELLANEOUS AND GENERAL
  41. 36Local inquiries
  42. 37Defence of due diligence
  43. 38Boarding of vessels
  44. 39Obstruction of officers
  45. 40Crown Rights
  46. 41Saving for Trinity House
  47. 42For the protection of the company
  48. 43For the protection of the Mersey Docks and Harbour Company
  49. 44Repeals and revocation
  50. Signature
  51. Schedule 1: PURPOSES FOR WHICH BYELAWS MAY BE MADE
  52. 1Paragraph 1
  53. 2Paragraph 2
  54. Schedule 2: REGULATION OF THE ESTUARY
  55. Part 1: PRELIMINARY
  56. Interpretation
  57. 1Paragraph 1
  58. Application
  59. 2Paragraph 2
  60. Part 2: NAVIGATION
  61. Vessel movements
  62. 3Paragraph 3
  63. Declaration of particulars of vessel
  64. 4Paragraph 4
  65. Vessels to be navigated with care and caution
  66. 5Paragraph 5
  67. Vessels not to make fast to aids to navigation
  68. 6Paragraph 6
  69. Notification of accidents and deficiencies, etc.
  70. 7Paragraph 7
  71. Vessels to have competent helmsman
  72. 8Paragraph 8
  73. Master to remain on bridge
  74. 9Paragraph 9
  75. Use of whistles
  76. 10Paragraph 10
  77. Anchorage
  78. 11Paragraph 11
  79. Obstruction of the channels
  80. 12Paragraph 12
  81. Shipkeepers
  82. 13Paragraph 13
  83. Part 3: BERTHING AND MOORING
  84. Provision of proper fenders
  85. 14Paragraph 14
  86. Vessels to be properly berthed
  87. 15Paragraph 15
  88. Vessels adrift
  89. 16Paragraph 16
  90. Access to and egress from vessels
  91. 17Paragraph 17
  92. Sufficiency of crew
  93. 18Paragraph 18
  94. Vessels to be kept in a movable condition
  95. 19Paragraph 19
  96. Use of engines while vessel moored or berthed
  97. 20Paragraph 20
  98. Vessels not to make fast to unauthorised objects
  99. 21Paragraph 21
  100. Access across decks
  101. 22Paragraph 22
  102. Lost anchor, cable or propeller
  103. 23Paragraph 23
  104. Part 4: GENERAL
  105. Inspecting facilities, etc., to be made available to harbour master
  106. 24Paragraph 24
  107. Navigation under influence of drink or drugs prohibited
  108. 25Paragraph 25
  109. Vessels not to be fumigated without permission
  110. 26Paragraph 26
  111. Discharges into estuary prohibited
  112. 27Paragraph 27
  113. Fishing
  114. 28Paragraph 28
  115. No dragging or grappling without permission
  116. 29Paragraph 29
  117. Vessels to have names marked on them
  118. 30Paragraph 30
  119. Abandonment of vessels prohibited
  120. 31Paragraph 31
  121. Water-skiing, aquaplaning and similar activities
  122. 32Paragraph 32
  123. Parakiting, parascending and similar activities
  124. 33Paragraph 33
  125. Diving and underwater swimming
  126. 34Paragraph 34
  127. Regattas, races and similar events
  128. 35Paragraph 35
  129. Aids to navigation
  130. 36Paragraph 36
  131. Assistance to fire and other services
  132. 37Paragraph 37
  133. Fire precautions
  134. 38Paragraph 38
  135. Obstruction of officers of the conservancy authority
  136. 39Paragraph 39
  137. Firearms
  138. 40Paragraph 40
  139. Silencers
  140. 41Paragraph 41
  141. Penalties
  142. 42Paragraph 42
  143. Schedule 3: PROTECTIVE PROVISIONS FOR THE COMPANY
  144. Limitation on the conservancy authority’s powers
  145. 1Paragraph 1
  146. 2Paragraph 2
  147. 3Paragraph 3
  148. 4Paragraph 4
  149. 5Paragraph 5
  150. Explanatory note