The Clydeport Operations Limited (Greenock Ocean Terminal Cruise Berth) Harbour Revision Order 2018

PART 2 S THE WORKS

Power to construct S

3.—(1) Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and sections and within the limits of deviation shown on them and according to the levels shown, construct, operate and maintain in the port the following works along with all necessary works and conveniences connected with them—

• Work No. 1 — Dredging works in front of the existing quay wall to provide the required water depth of up to 11 metres below Chart Datum, as shown hatched black on Drawing No. 185055/SK03 of the deposited plans and sections.

• Work No. 2A — The construction of mono piles set into the river bed, commencing at a point at NS27932, 76894 proceeding in a south-easterly direction, terminating at a point at NS28039, 76725 as shown coloured red on Drawing No. 185055/SK04 of the deposited plans and sections.

• Work No. 2B — The construction of a floating pontoon connected to mono piles, commencing at a point at NS27929, 76891, proceeding in a south-easterly direction, terminating at a point at NS28035, 76725 as shown coloured green on Drawing No. 185055/SK05 of the deposited plans and sections.

• Work No. 3 — The construction of a means of access for pedestrian and vehicular use, as shown coloured orange on Drawing No. 185005/SK06 of the deposited plans and sections, commencing at a point at NS27944, 76770 and terminating at a point at NS27986, 76797 so as to connect the new floating pontoon at Work No. 2B with Greenock Ocean Terminal quayside.

• Work No. 4 — The construction of a means of access for pedestrian use, as shown coloured pink on Drawing No. 185005/SK07 of the deposited plans and sections, commencing at a point at NS27965, 76736 and terminating at a point at NS28007, 76763 so as to connect the new floating pontoon at Work No. 2B with Greenock Ocean Terminal quayside.

(2) The Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works authorised by paragraph (1) and may maintain the same as reconstructed, extended, enlarged, replaced, or re-laid.

Commencement Information

I1 Art. 3 in force at 30.11.2018, see art. 1

Power to deviate S

4.  Subject to the provisions of this Order, in carrying out the works authorised by article 3 (power to construct works) the Company—

(a) may deviate laterally from the lines or situations of those works as shown on the deposited plans and sections to any extent not exceeding the limits of deviation;

(b) may deviate vertically from the levels of the works as shown to any extent not exceeding 12 metres upwards above Chart Datum; and

(c) may deviate vertically in a downwards direction from the levels of the works as shown to such extent downwards as may be found necessary or convenient.

Commencement Information

I2 Art. 4 in force at 30.11.2018, see art. 1

Subsidiary works S

5.—(1) The Company may from time to time within the limits of deviation construct, maintain and operate, whether temporarily or permanently, such other works as may be necessary or convenient for the purposes of the works, or in connection with or in consequence of the construction, operation and maintenance or use of the works including—

(a) works for the accommodation or convenience of vessels or for the loading and unloading of goods and the embarking and loading of passengers;

(b) works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations, electrical lines and telecommunications apparatus;

(c) works to remove, demolish or decommission the works as the Company deems appropriate;

(d) carrying out and maintaining works for the benefit or protection of persons or premises affected by any of the works; and

(e) landscaping and constructing such other works as the Company may deem necessary or desirable to mitigate any adverse effects of the construction, maintenance or operation of the works.

(2) In the course of erecting, constructing, laying down, placing, removing and replacing the works the Company may carry out construction activity including the temporary placing of plant and equipment within the tidal waters adjoining the limits of deviation.

Commencement Information

I3 Art. 5 in force at 30.11.2018, see art. 1

Power to dredge S

6.—(1) Without affecting any other powers which may be exercisable by the Company within the port the Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels from time to time deepen, dredge, scour, blast rock, cleanse, alter and improve so much of the bed, shores and channels of the sea as lie within the limits of the port and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995(1), from time to time dredged by them.

(2) No such materials shall be laid down or deposited—

(a) in contravention of the provisions of any enactment as respects the disposal of waste; or

(b) in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Ministers.

Commencement Information

I4 Art. 6 in force at 30.11.2018, see art. 1

Obstruction of works S

7.  Any person who intentionally—

(a) obstructs any person acting under the authority of the Company in constructing, using or maintaining the works; or

(b) interferes with, moves or removes any plant or equipment used in the construction, maintenance or use of the works,

will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and shall in addition be liable to repay to the Company as a debt any expenses incurred by it in making good any damage resulting from such obstruction, moving or removal.

Commencement Information

I5 Art. 7 in force at 30.11.2018, see art. 1

Works to be deemed part of undertaking S

8.  The works are deemed for all purposes to be part of the undertaking and all byelaws, directions, rules and regulations of the Company for the time being in force relating to the undertaking apply to the works and may be enforced by the Company accordingly.

Commencement Information

I6 Art. 8 in force at 30.11.2018, see art. 1

Survey of tidal works S

9.  The Ministers may at any time if they deem it necessary or expedient order a survey and examination of a tidal work or a site upon which it is proposed to construct such a work and any expense incurred by them in such a survey and examination will be recoverable from the Company.

Commencement Information

I7 Art. 9 in force at 30.11.2018, see art. 1

Provision against danger to navigation S

10.—(1) In the case of injury to, or destruction or decay of, a tidal work or any part thereof, the Company must as soon as reasonably practicable notify the Commissioners of Northern Lighthouses and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses may from time to time direct.

(2) If the Company fails to comply in any respect with the provisions of this article, the Company will be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Commencement Information

I8 Art. 10 in force at 30.11.2018, see art. 1

Abatement of works abandoned or decayed S

11.—(1) Where a tidal work is abandoned or suffered to fall into decay the Ministers may by notice in writing require the Company at the Company’s own expense either to repair and restore the work, or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Ministers think appropriate.

(2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Ministers may include that part of the work, or any portion of it, in any notice under this article.

(3) If, on the expiry of one month from the date when a notice under this article is served upon the Company, it fails to comply with the requirements of the notice, the Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing will be recoverable from the Company.

Commencement Information

I9 Art. 11 in force at 30.11.2018, see art. 1

Lights on tidal works during construction S

12.—(1) During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Company must at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses may from time to time direct.

(2) If the Company fails to comply in any respect with a direction given under this article the Company will be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Commencement Information

I10 Art. 12 in force at 30.11.2018, see art. 1

Permanent lights on tidal works S

13.—(1) After completion of a tidal work the Company must at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses may from time to time direct.

(2) If the Company fails to comply in any respect with a direction given under this article the Company will be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Commencement Information

I11 Art. 13 in force at 30.11.2018, see art. 1

Period for completion of works S

14.—(1) If all the works are not completed within 10 years from the coming into force of this Order or such extended time as the Ministers may, on the application of the Company, allow by consent in writing, the powers by this Order granted to the Company for constructing and maintaining the works will cease to have effect except as to so much of them as is then substantially commenced.

(2) As soon as reasonably practicable after any consent is given under paragraph (1), the Company must arrange for a notice to be published in the Edinburgh Gazette and in a local newspaper circulating in the area where the port is situated and the notice must contain a summary of the effect of that consent.

(3) During the period of one month beginning with the date on which any notice is published in a local newspaper under paragraph (2), the Company must keep a copy of the consent referred to in that notice open to public inspection at their principal office at all reasonable hours, without payment.

(4) Paragraph (1) does not apply to any works carried out under article 3(2) or article 5 (subsidiary works).

(5) The works shall be deemed to have been substantially commenced for the purposes of paragraph (1) where so much of Work No. 1 has been carried out as is necessary to enable other works to be constructed, maintained and managed as a port for the efficient and economic transport of goods or passengers by sea.

Commencement Information

I12 Art. 14 in force at 30.11.2018, see art. 1

(1)

1995 c.21; see section 255(1).