The Swansea Bay Tidal Generating Station Order 2015

Byelaws E+W

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

(2) Without limiting paragraph (1), byelaws made under this article may provide for—

(a) regulating the admission and access to the seawalls forming part of the authorised development, in particular in the vicinity of the Swansea University Bay Campus;

(b) preventing and removing obstructions or impediments within the authorised development;

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

(d) regulating the activities of divers, surfers, water skiers and other persons engaged in recreational pursuits within the authorised development;

(e) prohibiting persons in or entering the authorised development from smoking in open spaces; and

(f) preventing nuisances on the authorised works.

(3) Byelaws made under this article may—

(a) provide for the creation of offences in respect of their breach, or the breach of any condition, requirement or direction imposed, made or given under them, that are triable summarily and whose maximum penalty is a fine not exceeding level 3 on the standard scale;

(b) relate to the whole or to any part of the authorised development; and

(c) make different provision for different parts of the authorised development or in relation to different classes of vehicles.

(4) Byelaws made by the undertaker under this Order come into force only when they have been confirmed by the Welsh Ministers.

(5) Before applying for any byelaws to be confirmed under this article, the undertaker must publish a notice of its intention to apply for the byelaws to be confirmed—

(a) on 1 occasion in the London Gazette; and

(b) on 2 occasions in successive weeks in a local newspaper circulating in the area of the authorised development.

(6) The notice must state—

(a) the place at which and the times during which a copy of the proposed byelaws is to be available for public inspection; and

(b) that persons may make representations about the proposed byelaws to the Welsh Ministers in writing within the period specified in the notice being a period of not less than 28 days after the date of publication of the last notice required by paragraph (5).

(7) For at least 28 days after the publication of the last notice required by paragraph (5), a copy of the proposed byelaws must be available for public inspection without payment at the principal office of the undertaker in the area of the authorised development at all reasonable times.

(8) The undertaker must supply a copy of the proposed byelaws or part of the proposed byelaws to a person who applies for it on payment of a reasonable charge.

(9) During the period specified in the notice in accordance with paragraph (5)(b), any person may make representations about the proposed byelaws to the Welsh Ministers in writing.

(10) The Welsh Ministers may, after the expiry of the period specified in the notice in accordance with paragraph (6)(b), confirm with or without modification or may refuse to confirm any of the proposed byelaws submitted and may fix a date on which any byelaws so confirmed are to come into force, and, if no date is so fixed, the byelaws come into force after the expiry of 28 days after the date on which they were confirmed.

(11) The Welsh Ministers may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as the Welsh Ministers may consider appropriate for the purpose of defraying any administrative expenses incurred by the Welsh Ministers in connection with confirmation, modification or refusal.

(12) A copy of any byelaws confirmed under this article must be printed and must be available for public inspection without payment at the principal office of the undertaker in the area of the authorised development at all reasonable times, and the undertaker must at the request of any person supply that person with a copy of such byelaws on payment of a reasonable charge.

(13) Byelaws under this article may vary or revoke any byelaws in respect of the authorised development made under any other provision at any time.

(14) Byelaws under this article may be varied or revoked by subsequent byelaws under this article.

Commencement Information

I1 Art. 47 in force at 30.6.2015, see art. 1