The Penzance Harbour Revision Order 2009

In this Order, except where the context otherwise requires—

• “the Act of 1847” means the Harbours Docks and Piers Clauses Act 1847^f1;

• “the Act of 1883” means the Penzance Corporation Act 1883^f2;

• “the Act of 1995” means the Merchant Shipping Act 1995^f3;

• “the Council” means Cornwall Council;

• “deposited plans” and “deposited sections” mean respectively plans and sections which have been deposited in connection with this Order, two copies of which have been deposited at the offices of the Department for Transport and one copy of which has been deposited at the offices of the Council;

• “harbour” means Penzance Harbour the limits of which are defined in article 18 (Limits of harbour) and the harbour premises;

• “harbour master” means any person appointed as such pursuant to section 51 of the Act of 1847;

• “harbour premises” means the quays, berths, landing places, and all other works, land and buildings for the time being vested in or occupied or administered by the Council as part of the undertaking;

• “hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

• “land” includes land covered by water, any interest in land and any servitude or right in, to or over land;

• “level of high water” means the level of mean high-water springs;

• “the limits of deviation” means the limits of deviation shown on the deposited plans;

• “master” in relation to a vessel means any person for the time being having or taking the command, charge or management of the vessel;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “undertaking” means the harbour undertaking for the time being of the Council;

• “vessel” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and

• “works” means the works authorised by this Order, or as the case may require, any part of those works and includes any work constructed pursuant to article 4 (Power to construct works).

All areas, directions, distances, lengths, widths and other measurements as stated in any description of works, powers or lands other than article 5 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and other measurement.

Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.

Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.

The Council may from time to time within the limits of deviation provide and operate such harbour facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking, and for this purpose the Council may construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.

Without prejudice to paragraph (1), the Council may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including—

The Council may, after consultation with the Chamber of Shipping in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches to it and, without prejudice to the generality of what is stated above, for any of the following purposes—

Directions given under paragraph (1) may apply—

The Council may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.

Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Council as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies of it may be inspected and bought, and the price of such copies.

In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Council consider appropriate.