# The Penzance Harbour Revision Order 2009 S.I. 2009/2325 · made 27 August 2009 · revised to 14 July 2023 This Order empowers Cornwall Council as the harbour authority for Penzance Harbour to construct and maintain works and other harbour facilities at the harbour. Made under: Harbours Act 1964 PDFs: Printed copy https://openlegislation.uk/penzance-harbour-revision-order-2009/pdf/uksi_20092325_en.pdf ## Introductory text Harbours, Docks, Piers And Ferries Made 27th August 2009 Coming into force 18th September 2009 On 13 September 2005 Penwith District Council applied for a harbour revision order under section 14 of the Harbours Act 1964; By the Cornwall (Structural Change) Order 2008 Penwith District Council was wound up and dissolved and the functions, property, rights and liabilities were transferred to Cornwall Council on 1st April 2009; The Secretary of State is satisfied as mentioned in section 14(2)(b) of that Act; The Secretary of State for Transport (being the appropriate Minister under section 14 (7) of that Act) in exercise of the powers conferred by that section and now vested in the Secretary of State , makes the following Order:— ## Part 1: PRELIMINARY ## 1 Citation and commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2 Interpretation (1) In this Order, except where the context otherwise requires— “the Act of 1847” means the Harbours Docks and Piers Clauses Act 1847; “the Act of 1883” means the Penzance Corporation Act 1883; “the Act of 1995” means the Merchant Shipping Act 1995; “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). (2) 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. (3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points. (4) 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. ## 3 Incorporation of Harbours, Docks and Piers Clauses Act 1847 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Power to construct works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Power to deviate Subject to the provisions of this Order, in carrying out Work Nos.1 to 4 the Council may deviate laterally from the lines or situations of those works as shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient. ## 6 Subsidiary works (1) 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. (2) 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— (a) works for the accommodation or convenience of vessels (including dolphins and pontoons); and (b) works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines. ## 7 Power to dredge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Obstruction of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9 Works to be deemed part of undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 10 Tidal works not be executed without approval of Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 11 Survey of tidal works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 12 Provision against danger to navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 13 Abatement of works abandoned or decayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 14 Lights on tidal works during construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 15 Permanent lights on tidal works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 16 Period for completion of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 17 Planning, etc. jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 2: HARBOUR REGULATION ## 18 Limits of harbour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 19 Moorings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 20 Parking places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 21 Removal of vehicles etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 22 Byelaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 23 Byelaws as to pleasure boats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 24 Confirmation of byelaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 25 General directions to vessels (1) 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— (a) for designating areas, routes or channels in the harbour and the approaches to it which vessels are to use, or refrain from using, for movement or mooring; (b) for securing that vessels move only at certain times or during certain periods; (c) for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph. (2) Directions given under paragraph (1) may apply— (a) to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and (b) to the whole of the harbour and the approaches to it, or to a part designated, or the designation of which is provided for, in the direction; and (c) at all times or at times designated, or the designation of which is provided for, in the direction, and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c). (3) The Council may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article. ## 26 Publication of general directions (1) 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. (2) 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. ## 27 Special directions to vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 28 Master’s responsibility to be unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 29 Failure to comply with directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 30 Enforcement of directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 31 Exemptions, rebates, etc., in respect of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 3: MISCELLANEOUS AND GENERAL ## 32 Power to lease, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 33 Power to appropriate lands and works for particular uses, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 34 Boarding of vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 35 Power to deal with unserviceable vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 36 Charges for services not otherwise provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 37 Defence of due diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 38 Disapplication of regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 39 Saving for Trinity House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 40 Crown rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature Signed by authority of the Secretary of State for Transport Richard Bennett Head of Ports Division Department for Transport Date 27th August 2009 ## LIMITS OF HARBOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Explanatory note (This note is not part of the Order) This Order empowers Cornwall Council as the harbour authority for Penzance Harbour to construct and maintain works and other harbour facilities at the harbour. The Order also confers further powers on the Council to maintain and regulate their undertaking at Penzance Harbour as a statutory harbour undertaking and defines the limits of jurisdiction of the harbour. --- Source: https://www.legislation.gov.uk/uksi/2009/2325 (the official version) Page: https://openlegislation.uk/penzance-harbour-revision-order-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.