The Portland Harbour Revision Order 1997
S.I. 1997/2949 · Made 8 December 1997
HARBOURS, DOCKS, PIERS AND FERRIES
Made 8th December 1997
Coming into force 1st January 1998
Whereas Portland Port Limited (being a person appearing to the Secretary of State to have a substantial interest) have applied for a harbour revision order under section 14 of the Harbours Act 1964f1;
And whereas there were objections made to the application which were not withdrawn, and an inquiry was held in accordance with paragraph 4(3) of Schedule 3 to the said Actf2;
And whereas the Secretary of State has considered the objections made and not withdrawn and the report of the person holding the inquiry;
And whereas the Secretary of State is satisfied as mentioned in subsection (2)(b) of the said section 14;
Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14f3), in exercise of the powers conferred by that section and now vested in himf4, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Annotations to the whole text
Footnotes
- f1
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1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1.
- f2
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Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and 12 and by the Transport and Works Act 1992, Schedule 3, paragraph 10.
- f3
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For the definition of “the Minister” (mentioned in section 14(7)), see section 57(1).
- f4
Contents
- Part I: PRELIMINARY
- 1Citation and Commencement
- 2Interpretation
- 3Incorporation of Harbours, Docks and Piers Clauses Act 1847
- Part II: HARBOUR REGULATION
- 4Transfer of jurisdiction
- 5General functions of Company
- 6Consultative Committee
- 7Aids to navigation
- 8Removal of obstructions other than vessels
- 9As to use of harbour premises
- 10Moorings
- 11Repair of landing places, etc.
- 12Power to grant permits in respect of certain pleasure craft
- 13Power to dredge
- 14Power with respect to disposal of wrecks
- 15General byelaws
- 16General directions to vessels
- 17Publication of general directions
- 18Special directions
- 19Failure to comply with directions
- 20Enforcement of directions
- 21Master’s responsibility in relation to directions
- Part III: CHARGES
- 22Charges for services or facilities
- 23Payment of charges
- 24Compounding arrangements and rebates
- 25Deposit for charges
- 26Liens for charges
- 27Refusal to pay charges for landing place
- 28Exemptions from harbour dues
- 29Recovery of charges
- 30Harbour master may prevent sailing of vessels
- Part IV: Control of Works and Dredging in the Harbour
- 31Restriction of works and dredging
- 32Control of certain operations and works of statutory undertakers
- 33Licensing of works
- 34Licence to dredge
- 35Appeals in respect of works or dredging licence
- 36Tidal works not to be executed without approval of Secretary of State
- 37Lights on tidal works
- 38Provision against danger to navigation
- 39Abatement of works abandoned or decayed
- 40Survey of tidal works
- 41Permanent lights on tidal works
- Part V: MISCELLANEOUS AND GENERAL
- 42Power to mortgage harbour undertaking
- 43Power to grant tenancies and to dispose of land
- 44Subsidiaries
- 45Development, etc., of land
- 46Local inquiries
- 47Defence of due diligence
- 48Power to give directions as to loading or unloading of certain goods
- 49Liability for safety of goods
- 50Boarding of vessels
- 51Power to remove goods
- 52Removal of vehicles and boats
- 53Obstruction of officers
- 54Crown Rights
- 55Saving for Trinity House
- 56Protective provisions
- 57Revocation of Dockyard Port Orders
- 58Amendment of Weymouth and Portland (Pilotage) Harbour Revision Order 1988
- 59Saving for Weymouth and Portland Borough Council
- 60For protection of Environment Agency
- Signature
- Schedule 1: REGULATION OF THE HARBOUR AND THE HARBOUR PREMISES
- Part I:: PRELIMINARY
- Interpretation
- 1Paragraph 1
- Application
- 2Paragraph 2
- Part II:: NAVIGATION
- Vessel movements
- 3Paragraph 3
- Declaration of particulars of vessel
- 4Paragraph 4
- Vessels to be navigated with care and caution
- 5Paragraph 5
- Speed of vessels
- 6Paragraph 6
- Small vessels
- 7Paragraph 7
- Outgoing vessels to have priority
- 8Paragraph 8
- Vessels not to make fast to aids to navigation
- 9Paragraph 9
- Notification of accidents and deficiencies, etc.
- 10Paragraph 10
- Vessels to have competent helmsman
- 11Paragraph 11
- Master to remain on bridge
- 12Paragraph 12
- Prohibition on navigation
- 13Paragraph 13
- Use of whistles
- 14Paragraph 14
- Anchorage
- 15Paragraph 15
- Obstruction of main fairways
- 16Paragraph 16
- Shipkeepers
- 17Paragraph 17
- Part III:: BERTHING AND MOORING
- Provision of proper fenders
- 18Paragraph 18
- Vessels to be properly berthed
- 19Paragraph 19
- Vessels adrift
- 20Paragraph 20
- Access to and egress from vessels
- 21Paragraph 21
- Sufficiency of crew
- 22Paragraph 22
- Vessels to be kept in a movable condition
- 23Paragraph 23
- Use of engines while vessel moored or berthed
- 24Paragraph 24
- Vessels not to make fast to unauthorised objects
- 25Paragraph 25
- Access across decks
- 26Paragraph 26
- Lost anchor, cable or propeller
- 27Paragraph 27
- Part IV:: GOODS AND ROAD TRAFFIC
- Requirements as to handling and movement of goods in the harbour
- 28Paragraph 28
- Precaution against goods, etc., falling into harbour waters or the Company’s premises
- 29Paragraph 29
- Obstruction or interference at harbour premises
- 30Paragraph 30
- Safe driving of vehicles
- 31Paragraph 31
- Speed limit for vehicles
- 32Paragraph 32
- Supervision of vehicles
- 33Paragraph 33
- Loads not to leak, spill or drop
- 34Paragraph 34
- Loads to be secured
- 35Paragraph 35
- Refuelling etc. of vehicles
- 36Paragraph 36
- Driving on weighbridges
- 37Paragraph 37
- Accidents to be reported
- 38Paragraph 38
- Part V:: GENERAL
- Inspection facilities, etc., to be made available to harbour master
- 39Paragraph 39
- Navigation under influence of drink or drugs prohibited
- 40Paragraph 40
- Vessels not to be fumigated without permission
- 41Paragraph 41
- Discharges into harbour prohibited
- 42Paragraph 42
- Fishing
- 43Paragraph 43
- No dragging or grappling without permission
- 44Paragraph 44
- Vessels to have names marked on them
- 45Paragraph 45
- Abandonment of vessels prohibited
- 46Paragraph 46
- Water-skiing, aquaplaning and similar activities
- 47Paragraph 47
- Para-kiting, para-scending and similar activities
- 48Paragraph 48
- Diving and underwater swimming
- 49Paragraph 49
- Regattas, races and similar events
- 50Paragraph 50
- Aids to navigation
- 51Paragraph 51
- Assistance to fire and other services
- 52Paragraph 52
- Fire precautions
- 53Paragraph 53
- Obstruction of officers of the Company
- 54Paragraph 54
- Meetings
- 55Paragraph 55
- Unauthorised trading prohibited
- 56Paragraph 56
- Landing on breakwaters
- 57Paragraph 57
- Firearms
- 58Paragraph 58
- Silencers
- 59Paragraph 59
- Penalties
- 60Paragraph 60
- Schedule 2: PROTECTIVE PROVISIONS
- Part I:: DEFENCE EVALUATION AND RESEARCH AGENCY
- Interpretation
- 1Paragraph 1
- Fishing, anchoring and mooring
- 2Paragraph 2
- Diving and underwater swimming
- 3Paragraph 3
- Part II:: DEFENCE EVALUATION AND RESEARCH AGENCY
- Interpretation
- 4Paragraph 4
- Fishing, anchoring and mooring
- 5Paragraph 5
- Diving and underwater swimming
- 6Paragraph 6
- Part III:: ROYAL NAVAL AIR STATION
- Interpretation
- 7Paragraph 7
- Prohibited area
- 8Paragraph 8
- 9Paragraph 9
- Restricted area
- 10Paragraph 10
- 11Paragraph 11
- Part IV:: GENERAL PROVISIONS
- Marking prohibited, restricted and constrained areas
- 12Paragraph 12
- Enforcement
- 13Paragraph 13
- Consents and directions
- 14Paragraph 14
- Penalties
- 15Paragraph 15
- Cessation
- 16Paragraph 16
- Explanatory note