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The Portland Harbour Revision Order 1997

S.I. 1997/2949 · Made 8 December 1997

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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And whereas there were objections made to the application which were not withdrawn, and an inquiry was held in accordance with paragraph 4(3) of Schedule 3 to the said Actf2;

And whereas the Secretary of State has considered the objections made and not withdrawn and the report of the person holding the inquiry;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

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

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

For the definition of “the Minister” (mentioned in section 14(7)), see section 57(1).

f4

S.I. 1981/238.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and Commencement
  3. 2Interpretation
  4. 3Incorporation of Harbours, Docks and Piers Clauses Act 1847
  5. Part II: HARBOUR REGULATION
  6. 4Transfer of jurisdiction
  7. 5General functions of Company
  8. 6Consultative Committee
  9. 7Aids to navigation
  10. 8Removal of obstructions other than vessels
  11. 9As to use of harbour premises
  12. 10Moorings
  13. 11Repair of landing places, etc.
  14. 12Power to grant permits in respect of certain pleasure craft
  15. 13Power to dredge
  16. 14Power with respect to disposal of wrecks
  17. 15General byelaws
  18. 16General directions to vessels
  19. 17Publication of general directions
  20. 18Special directions
  21. 19Failure to comply with directions
  22. 20Enforcement of directions
  23. 21Master’s responsibility in relation to directions
  24. Part III: CHARGES
  25. 22Charges for services or facilities
  26. 23Payment of charges
  27. 24Compounding arrangements and rebates
  28. 25Deposit for charges
  29. 26Liens for charges
  30. 27Refusal to pay charges for landing place
  31. 28Exemptions from harbour dues
  32. 29Recovery of charges
  33. 30Harbour master may prevent sailing of vessels
  34. Part IV: Control of Works and Dredging in the Harbour
  35. 31Restriction of works and dredging
  36. 32Control of certain operations and works of statutory undertakers
  37. 33Licensing of works
  38. 34Licence to dredge
  39. 35Appeals in respect of works or dredging licence
  40. 36Tidal works not to be executed without approval of Secretary of State
  41. 37Lights on tidal works
  42. 38Provision against danger to navigation
  43. 39Abatement of works abandoned or decayed
  44. 40Survey of tidal works
  45. 41Permanent lights on tidal works
  46. Part V: MISCELLANEOUS AND GENERAL
  47. 42Power to mortgage harbour undertaking
  48. 43Power to grant tenancies and to dispose of land
  49. 44Subsidiaries
  50. 45Development, etc., of land
  51. 46Local inquiries
  52. 47Defence of due diligence
  53. 48Power to give directions as to loading or unloading of certain goods
  54. 49Liability for safety of goods
  55. 50Boarding of vessels
  56. 51Power to remove goods
  57. 52Removal of vehicles and boats
  58. 53Obstruction of officers
  59. 54Crown Rights
  60. 55Saving for Trinity House
  61. 56Protective provisions
  62. 57Revocation of Dockyard Port Orders
  63. 58Amendment of Weymouth and Portland (Pilotage) Harbour Revision Order 1988
  64. 59Saving for Weymouth and Portland Borough Council
  65. 60For protection of Environment Agency
  66. Signature
  67. Schedule 1: REGULATION OF THE HARBOUR AND THE HARBOUR PREMISES
  68. Part I:: PRELIMINARY
  69. Interpretation
  70. 1Paragraph 1
  71. Application
  72. 2Paragraph 2
  73. Part II:: NAVIGATION
  74. Vessel movements
  75. 3Paragraph 3
  76. Declaration of particulars of vessel
  77. 4Paragraph 4
  78. Vessels to be navigated with care and caution
  79. 5Paragraph 5
  80. Speed of vessels
  81. 6Paragraph 6
  82. Small vessels
  83. 7Paragraph 7
  84. Outgoing vessels to have priority
  85. 8Paragraph 8
  86. Vessels not to make fast to aids to navigation
  87. 9Paragraph 9
  88. Notification of accidents and deficiencies, etc.
  89. 10Paragraph 10
  90. Vessels to have competent helmsman
  91. 11Paragraph 11
  92. Master to remain on bridge
  93. 12Paragraph 12
  94. Prohibition on navigation
  95. 13Paragraph 13
  96. Use of whistles
  97. 14Paragraph 14
  98. Anchorage
  99. 15Paragraph 15
  100. Obstruction of main fairways
  101. 16Paragraph 16
  102. Shipkeepers
  103. 17Paragraph 17
  104. Part III:: BERTHING AND MOORING
  105. Provision of proper fenders
  106. 18Paragraph 18
  107. Vessels to be properly berthed
  108. 19Paragraph 19
  109. Vessels adrift
  110. 20Paragraph 20
  111. Access to and egress from vessels
  112. 21Paragraph 21
  113. Sufficiency of crew
  114. 22Paragraph 22
  115. Vessels to be kept in a movable condition
  116. 23Paragraph 23
  117. Use of engines while vessel moored or berthed
  118. 24Paragraph 24
  119. Vessels not to make fast to unauthorised objects
  120. 25Paragraph 25
  121. Access across decks
  122. 26Paragraph 26
  123. Lost anchor, cable or propeller
  124. 27Paragraph 27
  125. Part IV:: GOODS AND ROAD TRAFFIC
  126. Requirements as to handling and movement of goods in the harbour
  127. 28Paragraph 28
  128. Precaution against goods, etc., falling into harbour waters or the Company’s premises
  129. 29Paragraph 29
  130. Obstruction or interference at harbour premises
  131. 30Paragraph 30
  132. Safe driving of vehicles
  133. 31Paragraph 31
  134. Speed limit for vehicles
  135. 32Paragraph 32
  136. Supervision of vehicles
  137. 33Paragraph 33
  138. Loads not to leak, spill or drop
  139. 34Paragraph 34
  140. Loads to be secured
  141. 35Paragraph 35
  142. Refuelling etc. of vehicles
  143. 36Paragraph 36
  144. Driving on weighbridges
  145. 37Paragraph 37
  146. Accidents to be reported
  147. 38Paragraph 38
  148. Part V:: GENERAL
  149. Inspection facilities, etc., to be made available to harbour master
  150. 39Paragraph 39
  151. Navigation under influence of drink or drugs prohibited
  152. 40Paragraph 40
  153. Vessels not to be fumigated without permission
  154. 41Paragraph 41
  155. Discharges into harbour prohibited
  156. 42Paragraph 42
  157. Fishing
  158. 43Paragraph 43
  159. No dragging or grappling without permission
  160. 44Paragraph 44
  161. Vessels to have names marked on them
  162. 45Paragraph 45
  163. Abandonment of vessels prohibited
  164. 46Paragraph 46
  165. Water-skiing, aquaplaning and similar activities
  166. 47Paragraph 47
  167. Para-kiting, para-scending and similar activities
  168. 48Paragraph 48
  169. Diving and underwater swimming
  170. 49Paragraph 49
  171. Regattas, races and similar events
  172. 50Paragraph 50
  173. Aids to navigation
  174. 51Paragraph 51
  175. Assistance to fire and other services
  176. 52Paragraph 52
  177. Fire precautions
  178. 53Paragraph 53
  179. Obstruction of officers of the Company
  180. 54Paragraph 54
  181. Meetings
  182. 55Paragraph 55
  183. Unauthorised trading prohibited
  184. 56Paragraph 56
  185. Landing on breakwaters
  186. 57Paragraph 57
  187. Firearms
  188. 58Paragraph 58
  189. Silencers
  190. 59Paragraph 59
  191. Penalties
  192. 60Paragraph 60
  193. Schedule 2: PROTECTIVE PROVISIONS
  194. Part I:: DEFENCE EVALUATION AND RESEARCH AGENCY
  195. Interpretation
  196. 1Paragraph 1
  197. Fishing, anchoring and mooring
  198. 2Paragraph 2
  199. Diving and underwater swimming
  200. 3Paragraph 3
  201. Part II:: DEFENCE EVALUATION AND RESEARCH AGENCY
  202. Interpretation
  203. 4Paragraph 4
  204. Fishing, anchoring and mooring
  205. 5Paragraph 5
  206. Diving and underwater swimming
  207. 6Paragraph 6
  208. Part III:: ROYAL NAVAL AIR STATION
  209. Interpretation
  210. 7Paragraph 7
  211. Prohibited area
  212. 8Paragraph 8
  213. 9Paragraph 9
  214. Restricted area
  215. 10Paragraph 10
  216. 11Paragraph 11
  217. Part IV:: GENERAL PROVISIONS
  218. Marking prohibited, restricted and constrained areas
  219. 12Paragraph 12
  220. Enforcement
  221. 13Paragraph 13
  222. Consents and directions
  223. 14Paragraph 14
  224. Penalties
  225. 15Paragraph 15
  226. Cessation
  227. 16Paragraph 16
  228. Explanatory note