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Article 3 Power to construct, etc., works

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this Order, the Company may (within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections) construct and maintain the whole or part of the following work on and in the bed and foreshore of the harbour, together with all necessary works and conveniences connected with or incidental to them—

Work No. 1

New berthing faces generally to the north and east of New Quay and Coaling Pier Island by the construction of concrete blockwork quay walls and/or piled and suspended deck sections and/or rock armoured rubble mound retaining embankments on or within the area defined by lines drawn as follows—

(a)

a line commencing at point North 50° 34.230’, West 2° 26.408’ and extending in an easterly direction for 710 metres to point North 50° 34.352’, West 2° 25.838’(the “main berthing face”); and

(b)

a second line commencing at the easternmost point of the said main berthing face and running perpendicular to it in a generally south-southeasterly direction to a point of intersection with an in-line extension of the face of Outer Coaling Pier and then in a generally westerly direction to the easternmost point of Outer Coaling Pier; and

(c)

a third line commencing at westernmost point of the said main berthing face and running perpendicular to that line for 30 metres in a generally north-northwesterly direction and then turning at an angle perpendicular to the shoreward arm of Queen’s Pier for 30 metres to a point on the western face of Queen’s Pier and then turning to run along such western face to the most westerly point on New Quay.

Work No. 2

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 1 as lies within the limits of deviation and is required for, or in connection with, the authorised works.

Work No. 3

Two floating linkspans, with appropriate lengths of bridge and bankseat arrangements, guide piles and other securing and adjustment devices, commencing on the new northern and eastern faces of the berthing faces adjacent to the shoreward arm of Queen’s Pier comprised within Work No. 1 each having an overall width of 30 metres.

Work No. 4

A mooring dolphin lying 70 metres to the east of the eastern face of Work No. 1, with bearing piles, mooring structures and reinforced concrete heads, connected to Works No. 1 by a steel access walkway.

Work No. 5

New berthing faces generally to the east of New Quay and Coaling Pier Island by the construction of concrete blockwork quay walls and/or piled and suspended deck sections and/or rock armoured rubble mound retaining embankments on or within the area defined by a line commencing on the most easterly point on the copeline at Boat Lift Jetty and proceeding in a generally easterly direction for approximately 350 metres to point North 50° 34.147’, West 2° 25.940’ then turning in a generally southerly direction terminating at the most easterly point on Admiral’s Steps.

Work No. 6

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 5 as lies within the limits of deviation and is required for, or in connection with, the authorised works.

Work No. 7

New berthing faces and retaining structures to the south and west of Queen’s Pier by the construction of concrete blockwork quay walls including piled and suspended deck sections and rock armoured rubble mound retaining embankments on or within the area defined by a line commencing at the southernmost point of the western face of Queen’s Pier and proceeding for 24 metres as an inline extension of the said western face then turning in a line perpendicular to the line of Queen’s Pier for 30 metres then turning again to run parallel to Queen’s Pier for 94 metres and then turning at an angle of 11 degrees to run in a generally southerly direction to terminate on the northern kerbline of Castletown Road.

Work No. 8

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 7 as lies within the limits of deviation and is required for, or in connection with, the authorised works.

Work No. 9

A floating linkspan, with appropriate length of bridge and bankseat arrangements, guide piles and other securing and adjustment devices, commencing on the eastern face of Work No. 7 and having an overall width of 30 metres.

Work No. 10

Within the controlled area, two lines of mooring dolphins up to 70 metres apart and each extending up to 250 metres in length, with bearing piles, mooring structures and reinforced concrete heads, connected for all or part of their lengths by steel access walkways and the permanent mooring at those dolphins of a floating dry-dock.

Work No. 11

A reinforced concrete or steel pontoon providing access to and from Work No. 10 to and from any other part of the harbour premises as the Company shall consider appropriate with single tubular steel mooring piles, access ramps and retractable/lifting plates.

(2)

The Company may construct and maintain the authorised works comprised in Works Nos. 1, 2, 5, 6, 7, 8, 10 and 11 in such stages and along such lines within the areas described and within the limits of deviation as the Company may from time to time deem appropriate.

(3)

The Company may construct, maintain, remove and re-lay the authorised works comprised in Works Nos. 10 and 11 in such locations within the controlled area and within the limits of deviation as the Company may from time to time deem appropriate.

(4)

The Company may from time to time within the limits of deviation alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works and may maintain the same as altered, enlarged, replaced, relayed, extended or reconstructed.

(5)

Not withstanding anything in any other enactment, the Company may, for the purpose of constructing the authorised works, dismantle, remove, deal with and dispose of the whole or any part or parts of the existing Castletown slipway that is currently used for shiprepair and related operations (but, for the avoidance of doubt, excluding the public slipway at Castletown) by Manor Marine, the trading name of MPI Services (UK) Limited, a company incorporated under the Companies Acts 1948 to 1967 (registration number 2590501) and whose registered office is at Unity Chambers, 34 High Street East, Dorchester, DT1 1HA, and the Company may similarly use the guide dolphins located east of Castletown Pier, Deep Water Berth, Inner Coaling Pier catwalk and dolphin, ML Jetty, Camber Jetty and Loading Jetty shown on the deposited plans; and any other structures lying within the limits of deviation and any public rights over the same shall be extinguished.

(6)

The authorised works and the bed, banks and shores of the harbour on which the authorised works are constructed and any lands reclaimed shall for all purposes form part of the harbour undertaking of the Company and of the harbour premises and all enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Company or its officers, and all byelaws for the time being in force in relation to the harbour undertaking or the harbour premises, shall, so far as relevant, apply to the authorised works and such bed, banks, shores and lands and may be enforced by the Company accordingly.