OpenLegislation

Article 4 General directions as to the use of the harbour, etc.

Original text. Later amendments are not shown.

(1)

The Commissioners may, in accordance with the requirements of article 5, give or amend directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation, the safety of persons and the protection or property, flora and fauna in the harbour.

(2)

Subject to paragraph (3) a direction under this article may apply—

(a)

to all vessels or to a class of vessels; or

(b)

to all persons or to a class of persons; or

(c)

to the whole of the harbour or to a part; or

(d)

at all times or at certain times or at certain states of the tide

and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b), (c) and (d).

(3)

Subject to paragraph (4) a direction under paragraph (1) may prohibit entry into the harbour by a vessel or class of vessels; but a direction may be given in reliance upon this paragraph only in respect of personal watercraft or in respect of vessels which exceed—

(a)

62.4 metres LOA; or

(b)

16 metres beam; or

(c)

1503 metric tonnes displacement.

(4)

A direction in reliance on paragraph (3) may not prohibit entry by an exempt vessel or a class of vessels where at least one vessel within that class is an exempt vessel.

(5)

The Commissioners may revoke a direction given under paragraph (1).

(6)

In paragraph (3) “LOA” means length overall and in paragraph (4) “exempt vessel” means a vessel which has been in the harbour on one or more occasions prior to the 1st January 2013.