Article 7 Special directions as to use of the harbour, etc.

(1)

The Harbour Master may give a direction for any of the purposes in sub-paragraphs (a) to (i) applying to a vessel within the harbour limits or for any of the purposes in sub-paragraph (a) applying to persons within the harbour limits or all vessels or vessels of a particular class within the harbour limits—

(a)

requiring compliance with a requirement made in or under—

(i)

a general direction;

(ii)

a provision of the Lymington Harbour Orders 1951 to 2014; or

(iii)

a byelaw or local enactment applying to the harbour or to the Commissioners;

(b)

regulating or requiring the movement, berthing, mooring or unmooring of the vessel;

(c)

requiring the removal from any part of the harbour of the vessel if—

(i)

it is on fire;

(ii)

it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;

(iii)

it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour;

(iv)

its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour; or

(v)

its removal is considered by the Harbour Master to be necessary in order to ensure the safety of persons or the protection of property, flora or fauna or of any part of the harbour referred to in paragraph (3);

(d)

regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;

(e)

specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(f)

regulating the speed of the vessel;

(g)

regulating the use of the motive power of the vessel;

(h)

prohibiting or restricting the use of fires or lights; or

(i)

as to the discharge or use of ballast.

(2)

The Harbour Master may give a direction to a person who is within the harbour limits.

(3)

A direction under this article may be given in the interests of the conservation of any part of the harbour where that part has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.

(4)

A direction under this article may be given in any manner considered by the Harbour Master to be appropriate and must be addressed to the master where the direction is in respect of or applies to a vessel or vessels.

(5)

Where a direction under this article is given to a person or persons the Harbour Master must, whenever possible, specify a particular person or persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question to be readily identified.

(6)

The Harbour Master may revoke or amend a direction given under this article.