Article 63 Byelaws

(1)

The undertaker may, from time to time, make and enforce byelaws regulating the use and operation of the authorised development or the harbour, the maintenance of order on and about the authorised development or the harbour and the conduct of all persons including employees of the undertaker while on and about the authorised development or the harbour.

(2)

Without prejudice to the generality of paragraph (1), byelaws made under this article may provide for—

(a)

regulating the use, operation and superintendence of the harbour and the berths, quays, piers, warehouses, sheds, landing places, equipment, works and conveniences (including moorings) in the harbour;

(b)

regulating the admission to, the movement within, and the departure from, the harbour of vessels, or the removal of vessels;

(c)

regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour;

(d)

regulating the berthing and mooring of vessels within the harbour;

(e)

preventing damage or injury to any goods, vehicles, plant, machinery, property or person within the harbour;

(f)

regulating the conduct of all persons within the harbour not being members of a police force or officers or servants of the Crown whilst in the execution of their duties;

(g)

regulating the placing and maintenance of moorings within the harbour;

(h)

preventing and removing obstructions or impediments within the harbour;

(i)

regulating in the harbour the use of yachts, sailing boats, sailboards, rowing boats, rowing punts, pleasure craft and other small craft;

(j)

regulating or prohibiting the activities in the harbour of divers, surfers, water skiers and other persons engaged in similar recreational pursuits but not so as to prohibit the use for navigation of the vessels referred to in sub-paragraph (i);

(k)

regulating the launching of vessels within the harbour;

(l)

prohibiting persons in or entering the harbour, or any part of the harbour, from smoking in open spaces in the harbour;

(m)

regulating the movement and parking of vehicles within the harbour;

(n)

regulating the exercise of the powers vested in the harbour master;

(o)

safety precautions to be observed by persons within the harbour, whether or not on board vessels;

(p)

the protection and conservation of flora and fauna and other natural features;

(q)

making the carrying out of specified harbour operations, or the conduct of persons in the harbour, subject to the approval (with or without conditions), control or direction of the harbour master, and for authorising the harbour master to take such action as may be reasonably required in default of compliance with any such condition, control or direction;

(r)

regulating the admission and access to the marine works forming part of the authorised development;

(s)

preventing and removing obstructions or impediments within the authorised development;

(t)

preventing damage or injury to any goods, vehicles, plant, machinery, property or persons within the authorised development; and

(u)

preventing nuisances on the authorised development or works.

(3)

Byelaws made under this article may—

(a)

provide for imposing upon persons found guilty on summary conviction of offending against them, or against any condition, requirement or direction imposed, made or given under them, fines not exceeding level 3 on the standard scale;

(b)

only relate to the area of the harbour limits as described in Schedule 20 to this Order and land controlled or used by the harbour authority; and

(c)

make different provision for different parts of the harbour or in relation to different classes of vessels or vehicles.