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The Saundersfoot Harbour Empowerment Order 2011

W.S.I. 2011/1565 · Made 21 June 2011

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HARBOURS, DOCKS, PIERS AND FERRIES, WALES

Made 21 June 2011

Coming into force 1 July 2011

William Cleevely, Rosemary Hayes, Jim Codd and Phil Baker, being the persons currently carrying on the undertaking of Saundersfoot harbour, have applied for a harbour empowerment order under section 16 of the Harbours Act 1964f1;

No objection to the application has been made pursuant to a notice published pursuant to paragraph 10(1) of Schedule 3 to the Harbours Act 1964;

The Welsh Ministers are satisfied as mentioned in subsection (5) of the said section 16;

The Welsh Ministers, in exercise of the powers conferred and now vested in themf2 by section 16(2) of the Harbours Act 1964 make the following Order:

Annotations to the whole text

Footnotes

f1

1964 c. 40; section 16 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 2.

f2

S.I. 1999 No. 672, as modified by article 4 of and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000 No. 253), and as applied by paragraph 26 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. Part 1: PRELIMINARY
  2. 1Title and commencement
  3. 2Interpretation
  4. 3Incorporation of Clauses Acts
  5. Part 2: THE COMMISSIONERS
  6. 4The Commissioners
  7. 5Constitution of Commissioners
  8. 6Selection of Commissioners
  9. 7Appointments panel
  10. 8Appointment of Commissioners and terms of office
  11. 9Transitional provisions
  12. 10Terms of office of subsequent Commissioners
  13. 11Casual vacancies
  14. 12Declaration to be made by Commissioners
  15. 13Disqualification of Commissioners
  16. 14Indemnity insurance for Commissioners
  17. 15Provisions applying to Commissioners
  18. Part 3: ACQUISITION OF LAND
  19. 16Power to acquire land
  20. 17Application of Part 1 of the Compulsory Purchase Act 1965
  21. 18Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  22. 19Disregard of certain interests and improvements
  23. 20Extinction of private rights of way
  24. 21Time limit for exercise of powers of acquisition
  25. Part 4: MANAGEMENT AND REGULATION OF HARBOUR
  26. 22Harbour limits
  27. 23General powers
  28. 24Power to dredge
  29. 25Moorings
  30. 26Obstruction of moorings
  31. 27Removal of obstructions other than vessels, vehicles and wreck
  32. 28Power to appropriate parts of harbour
  33. 29Life-saving craft and appliances
  34. 30Byelaws as to harbour
  35. 31Removal of vehicles
  36. 32Immobilisation of vehicles illegally parked
  37. Part 5: CHARGES
  38. 33Charges for services or facilities
  39. 34Payment of charges
  40. 35Compounding arrangements and rebates
  41. 36Deposit for charges
  42. 37Liens for charges
  43. 38Master of fishing vessel to report take of fish
  44. 39Harbour master may prevent sailing of vessels
  45. 40Exemptions from dues
  46. Part 6: CONTROL OF WORKS AND DREDGING
  47. 41Restriction of works and dredging
  48. 42Control of certain operations and works of statutory undertakers
  49. 43Licensing of works
  50. 44Licence to dredge
  51. 45Appeals in respect of works or dredging licences
  52. 46Tidal works not to be executed without approval of the Welsh Ministers
  53. 47Lights on tidal works during construction
  54. 48Provision against danger to navigation
  55. 49Abatement of works abandoned or decayed
  56. 50Survey of tidal works
  57. 51Permanent lights on tidal works
  58. Part 7: FINANCE
  59. 52Publication of Commissioners' annual statement of accounts
  60. 53Borrowing powers
  61. 54Temporary borrowing
  62. 55Adjustment of borrowing limits
  63. 56Reserve fund
  64. 57Audit of accounts
  65. Part 8: MISCELLANEOUS
  66. 58Advisory Committee
  67. 59Defence of due diligence
  68. 60Boarding of vessels
  69. 61Obstruction of officers
  70. 62Crown Rights
  71. 63Saving for Trinity House
  72. 64Revocation
  73. 65Costs of Order
  74. Signature
  75. Schedule 1: DECLARATION OF ACCEPTANCE OF OFFICE BY COMMISSIONERS
  76. Part: SAUNDERSFOOT HARBOUR COMMISSIONERS
  77. Saundersfoot Harbour Empowerment Order 2011
  78. Schedule 2: INCIDENTAL PROVISIONS RELATING TO THE COMMISSIONERS
  79. Appointment of chairman and vice chairman of Commissioners
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. Meetings of Commissioners
  89. 9Paragraph 9
  90. Vacation of office by Commissioners
  91. 10Paragraph 10
  92. Reappointment of Commissioners
  93. 11Paragraph 11
  94. Reappointment of chair
  95. 12Paragraph 12
  96. Committees
  97. 13Paragraph 13
  98. Proceedings of Commissioners and committees
  99. 14Paragraph 14
  100. 15Paragraph 15
  101. 16Paragraph 16
  102. 17Paragraph 17
  103. 18Paragraph 18
  104. 19Paragraph 19
  105. Authentication of seal and other documents
  106. 20Paragraph 20
  107. Remuneration of the Commissioners and Chair
  108. 21Paragraph 21
  109. General
  110. 22Paragraph 22
  111. 23Paragraph 23
  112. Schedule 3LAND THAT MAY BE ACQUIRED COMPULSORILY BY THE COMMISSIONERS
  113. Schedule 4PLAN OF LAND THAT MAY BE COMPULSORILY ACQUIRED BY THE COMMISSIONERS
  114. Schedule 5MAP OF THE LIMITS OF SAUNDERSFOOT HARBOUR
  115. Explanatory note