Article 6 Special directions as to use of harbour, etc.

(1)

The harbourmaster may give directions under this article in respect of a vessel or (in the case of sub-paragraph (a)) a person anywhere in the harbour for any of the following purposes—

(a)

requiring persons to comply with a requirement made in or under–

(i)

a general direction;

(ii)

any provision of this Order; or

(iii)

any other enactment of local application applicable to the harbour or to the Commissioners;

(b)

regulating or requiring the movement, berthing, mooring or unmooring of the vessel;

(c)

requiring the removal from any part of the harbour of the vessel if—

(i)

it is on fire;

(ii)

it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;

(iii)

it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour; or

(iv)

its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour;

(d)

requiring the removal of the vessel to outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life or to property, or to any part of the harbour referred to in paragraph (3);

(e)

regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;

(f)

specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(g)

for limiting the speed of the vessel;

(h)

as to the use of the motive power of the vessel;

(i)

prohibiting or restricting the use of fires, lights or barbecues;

(j)

as to the discharge or use of ballast.

(2)

A special direction relating to a vessel shall specify a particular person or particular persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question readily to be identified.

(3)

A special direction may be given for the conservation of any part of the harbour which has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.

(4)

In an emergency the harbourmaster may give special directions applicable to all vessels or all vessels within a specified class of vessel for any of the purposes mentioned in paragraph (1).

(5)

A special direction may be given in any manner considered by the harbourmaster to be appropriate.

(6)

The harbourmaster may revoke or amend a special direction.