Colchester Borough Council Act 2001

3 Closure of harbour facilities and termination of status as harbour authority

(1) Subject to the provisions of this section, on and from the appointed day no person shall use, or permit to be used, land abutting the River between the Haven Bridge, Colchester and an imaginary line drawn across the River at Ballast Quay, Fingringhoe—

(a) for the loading or unloading of cargoes for commercial purposes; or

(b) the embarking or disembarking of passengers,

on or from any vessel in the River.

(2) On and from the appointed day the Council shall cease to be under any obligation which is inconsistent with subsection (1) above and to which the Council was subject in whatever capacity.

(3) On and from the appointed day the Council shall cease to be a harbour authority for the harbour.

(4) After the appointed day the Council—

(a) may dismantle, demolish and remove any property owned by the Council as former harbour authority;

(b) may sell or otherwise realise any such property; and

(c) may appropriate any such property or the proceeds of sale or realisation thereof for the purposes of any of its functions.

(5) After the appointed day the Council may dispose of or appropriate, for any of the purposes for which it is authorised by any enactment to acquire land by agreement, all or any part of the land owned by it as former harbour authority.

(6) Nothing in the preceding provisions of this section shall—

(a) affect the status of the Council as owner of the bed of the River;

(b) affect the exercise of any functions of a water undertaker within the meaning of the Water Industry Act 1991 (c. 56);

(c) prevent the landing of fish from any fishing vessel;

(d) affect the operation of the seasonal ferry between Wivenhoe, Rowhedge and Fingringhoe;

(e) prevent the use of Ballast Quay, Fingringhoe for the shipment by river of minerals extracted from workings adjacent to that quay;

(f) prevent the use of land for the embarking or disembarking of any person on or from any pleasure craft or sailing barge or any vessel in the service of the Council, a government department or statutory undertaker; or

(g) affect the operation of the harbour undertaking of the Commissioners.

(7) If any of the rights of the Council as owner of the bed of the River have been extinguished by any enactment repealed by this Act, those rights shall revive on the appointed day.