Article 4 Restrictions on handling certain cargoes

(1)

Notwithstanding section 33 of the 1847 Act (Harbour, dock and pier to be open to the public on payment of rates), as incorporated by any provision of the Exmouth Docks enactments, the Company shall not permit any vessel to use any part of the area described in article 3(a) above for the handling of any cargo specified in paragraph (2) below.

(2)

The cargoes referred to in paragraph (1) above are—

(a)

scrap metals;

(b)

loose or bagged cargoes of any description;

(c)

waste material (whether for disposal or processing); and

(d)

animals (whether live or dead), other than fish.

(3)

Notwithstanding section 33 of the 1847 Act, as incorporated by any provision of the Exmouth Docks enactments, and without prejudice to article 5 of this Order, the Company shall not permit any vessel to use any part of the harbour (other than the area specified in article 3(a) above) for the handling of any cargo other than:—

(a)

fish; or

(b)

any cargoes associated with the provision of pleasure cruises, ferry services or water taxi services.