Article 11 General Functions of the Council

(1)

The Council may, subject to the provisions of this Order, take all such steps from time to time as it may consider necessary or desirable for the maintenance, operation, management and improvement of the harbour, the harbour premises and the facilities (including recreational facilities) afforded to it or in connection with, and for the conservation of, the harbour’s flora, fauna and geological and physiographical features of special interest.

(2)

For those purposes and without prejudice to the generality of the foregoing, the Council may—

(a)

improve, maintain, regulate, manage, dredge, mark and light the harbour and the harbour premises and provide harbour facilities;

(b)

subject to obtaining the necessary rights in or over land—

(i)

execute and place in and over the harbour and the harbour premises such structures, works and equipment as are required; and

(ii)

operate, maintain, renew, alter, extend, demolish and reconstruct structures, works and equipment in the harbour and the harbour premises (including those executed or placed pursuant to paragraph (i) above);

(c)

do all other things which in its opinion are expedient to facilitate the operation, management, improvement or development of the harbour undertaking.

(3)

The Council shall, from time to time, formulate and publish a management plan^f1 in relation to their maintenance, conservation, operation, management and improvement of the harbour undertaking.

(4)

In the exercise of the powers of sub-paragraph (2)(b) above, the Council must not—

(a)

interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker, or

(b)

do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus, without the consent of the statutory undertaker concerned.

Annotations

Footnotes

f1: The management plan is available on www.iow.gov.uk and a hard copy may be inspected during normal office hours at the Council’s main office at County Hall, High Street, Newport, Isle of Wight PO30 1UD.