The Penzance Harbour Revision Order 2009

Moorings E+W+S

19.—(1) The Council may provide, place, lay down, maintain, renew, use or remove such moorings, buoys and similar apparatus for vessels—

(a) on land owned or leased by the Council or in which they hold an appropriate interest; or

(b) with the consent in writing of the owner and the lessee of the land, on any other land in the harbour.

(2) The Council may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Council such charges as the Council may from time to time prescribe.

(3) The Council may compound with any other person with respect to the payment of the charges prescribed under paragraph (2).

(4) The Council may give notice in writing to the person having the control of any vessel using any mooring in the harbour at the date this Order comes into force requiring him within 28 days to remove the mooring so as to enable the Council to provide, place or lay down moorings in accordance with paragraph (1).

(5) If any person fails to comply with a notice given by the Council under this paragraph, the Council may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.

(6) The Council may from time to time grant a licence to any person to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.

(7) Nothing in any such licence shall entitle a person to place, lay down, maintain, renew and use and have any mooring on land not owned or leased by him or by the Council or in which he has no appropriate interest.

(8) Any licence granted under paragraph (6) shall be valid only for a period of one year commencing with the date on which it takes effect.

(9) The Council may charge a reasonable fee for the grant of a licence under this article.

(10) Sections 43 to 46 of the Act of 1847 shall apply in relation to fees charged under this article.

(11) Any person who—

(a) intentionally obstructs any person acting under the authority of the Council in setting out moorings; or

(b) intentionally and without lawful authority pulls up or removes any mooring in the harbour or any part of it; or

(c) without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Council; or

(d) places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(12) If any person places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article, the Council may remove the mooring in question and recover from that person the expenses incurred in doing so.

(13) In this article—

“mooring” includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels;

“vessel” includes houseboat.

Commencement Information

I1 Art. 19 in force at 18.9.2009, see art. 1