The Poole Harbour (Works) Revision Order 2015

PART 2 WORKS

Power to construct, etc., works

3.—(1) Subject to the provisions of this Order, the Commissioners may (within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections) construct and maintain the whole or part of the following works on and in the bed and foreshore of the harbour, together with all necessary works and conveniences connected with or incidental to them—

Work No. 1

The construction of vertical steel piled quay walls and concrete capping, with heavy duty port surfacing to a height of 4.5 metres above Chart Datum on or within the area defined by straight lines drawn as follows:

(a) a line between point D7 (North 50 42.441, West 001 59.349) and point D6 (North 50 42.434, West 001 59.302);

(b) a line between point D6 (North 50 42.434, West 001 59.302W) and point D5 (North 50 42.434, West 001 59.142);

(c) a line between point D5 (North 50 42.434, West 001 59.142) and point D9 (North 50 42.457, West 001 59.147); and

(d) a line between point D9 (North 50 42.457, West 001 59.147) and point D8 (North 50 42.457, West 001 59.302).

Work No. 2

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 1 as lies within the limits of deviation as is required for, or in connection with, the authorised works.

Work No. 3

The construction of vertical steel sheet piled quay walls and concrete capping, with heavy duty port surfacing to a height of 4.5 metres above Chart Datum on or within the area defined by straight lines drawn as follows:

(a) a line between point D9 (North 50 42.457, West 001 59.147) and point D4 (North 50 42.503,West 001 59.157);

(b) a line between point D4 (North 50 42.503, West 001 59.157) and point D3 (North 50 42.500, West 001 59.180);

(c) a line between point D3 (North 50 42.500, West 001 59.180) and point D2 (North 50 42.468, West 001 59.214);

(d) a line between point D2 (North 50 42.468, West 001 59.214) and point D1 (North 50 42.467, West 001 59.309); and

(e) a line between point D1 (North 50 42.467, West 001 59.309) and point D8 (North 50 42.457, West 001 59.302).

Work No. 4

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 3 as lies within the limits of deviation as is required for, or in connection with, the authorised works.

Work No. 5

The construction of vertical sheet piled quay walls and concrete capping, with heavy duty port surfacing to a height of 4 metres above Chart Datum on or within the area defined by straight lines drawn as follows:

(a) a line between point A1 (North 50 42.687, West 001 59.290) and point B1 (North 50 42.670, West 001 59.225);

(b) a line between point B1 (North 50 42.670, West 001 59.225) and point C1 (North 50 42.628, West 001 59.186);

(c) a line between point C1 (North 50 42.628, West 001 59.186) and point C2 (North 50 42.524, West 001 59.162);

(d) a line between point C2 (North 50 42.524, West 001 59.162) and point C3 (North 50 42.520, West 001 59.203); and

(e) a line between point C3 (North 50 42.520, West 001 59.203) and point C4 (North 50 42.540, West 001 59.204).

Work No. 6

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 5 as lies within the limits of deviation as is required for, or in connection with, the authorised works.

Work No. 7

The construction of vertical steel sheet piled quay walls and concrete capping, with heavy duty port surfacing to a height of 4 metres above Chart Datum on or within the area defined by a straight line drawn between point C2 (North 50 42.524, West 001 59.162) and point D4 (North 50 42.503, West 001 59.157).

Work No. 8

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 7 as lies within the Port of Poole Marina and the limits of deviation as is required for, or in connection with, the authorised works.

Work No. 9

The construction of vertical steel sheet piled quay walls and concrete capping, with heavy duty port surfacing to a height of 4.5 metres above Chart Datum and tied back to existing port infrastructure on or within the area defined by a straight line drawn between point D6 (North 50 42.434, West 001 59.302) and point E1 (North 50 42.434, West 001 59.601).

Work No. 10

Reclamation of so much of the foreshore and bed of the sea by means of Work No. 9 as lies within the Ro-Ro berths 2 and 3 and the limits of deviation as is required for, or in connection with, the authorised works.

(2) The Commissioners may construct and maintain the authorised works in such stages and along such lines within the areas described and within the limits of deviation, and employing such materials, as the Commissioners may from time to time deem appropriate.

(3) The Commissioners may from time to time within the limits of deviation alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works and may maintain the same as altered, enlarged, replaced, relayed, extended or reconstructed.

(4) The authorised works and the bed, banks and shores of the harbour on which the authorised works are constructed and any land reclaimed shall for all purposes form part of the harbour undertaking of the Commissioners and of the harbour premises and all enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Commissioners or its officers, and all byelaws for the time being in force in relation to the harbour undertaking or the harbour premises, shall so far as relevant, apply to the authorised works and such bed, banks, shores and land and may be enforced by the Commissioners accordingly.

(5) In this article—

(a) a reference to a work identified by number shall be construed as a reference to the work of that number authorised by this Order; and

(b) map reference points specified shall be construed as references to WGS84 coordinates.

(6) In paragraph (5) “WGS84” means the World Geodetic System, revised in 1984 and further revised in 2004.

Power to deviate

4.  Subject to the provisions of this Order, in constructing the authorised works the Commissioners may—

(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation; and

(b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding 1.5 metres upwards or to any extent downwards,

as may be found necessary or convenient.

Subsidiary works

5.—(1) Subject to the provision of this Order, the Commissioners may from time to time, within the limits of deviation, erect, construct, lay down, place, remove, replace, work or use and maintain whether temporarily or permanently all such works, conveniences, appliances and apparatus and take such measures as they from time to time consider fit for the purposes of or in connection with or incidental to the construction, maintenance and use of the authorised works, including, without prejudice to the generality of the foregoing, navigation marks and lights.

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

Period for completion of works

6.—(1) If all the works authorised by article 3 are not completed within 50 years from the coming into force of this Order or such extended time as the Secretary of State may, on application of the Commissioners, allow, then on the expiry of that period, or such extended time (as the case may be), the powers conferred by article 3 for constructing and maintaining such works shall cease to have effect except as to so much of them as is then substantially commenced.

(2) Nothing in paragraph (1) shall affect the carrying out of works under article 5.

Works to be within the Borough of Poole

7.—(1) The area of the works authorised by articles 3 and 5 shall be annexed to and incorporated within the Borough of Poole (to the extent that it is not already within the Borough of Poole) when all those works are completed or substantially completed with the exception (as the case may be) of works for which the powers conferred by article 3 have ceased to have effect jn accordance with article 6(1).

(2) Nothing in this article shall require the performance of any functions under the Ordnance Survey Act 1841(1) until the Commissioners have certified in writing to the Director General of Ordnance Survey that all the works authorised by articles 3 and 5 have been completed with the exception (as the case may be) of works for which the powers conferred by article 3 have ceased to have effect in accordance with article 6(1).

Power to dredge

8.—(1) Subject to the provisions of this Order, the Commissioners may, for the purposes of constructing and maintaining the authorised works and to afford uninterrupted means of access to the authorised works and enabling their use at all states of the tide, from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the harbour within an area not exceeding 40 metres in width adjacent to the authorised works to a depth of not more than 9 metres below Chart Datum (unless the Secretary of State approves otherwise in writing).

(2) The Commissioners may as they think fit use, appropriate or dispose of any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995(2)) from time to time dredged, taken or collected by them in the course of any such operations.

(3) No materials referred to in this article may—

(a) be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or

(b) be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.

Obstruction of works

9.  A person who, without lawful authority—

(a) intentionally or recklessly obstructs any person acting under the authority of the Commissioners in setting out the lines of the authorised works; or

(b) interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Provision against danger to navigation

10.—(1) In case of injury to, or destruction or decay of, the authorised works the Commissioners must—

(a) as soon as reasonably practicable notify Trinity House, the Maritime and Coastguard Agency and the United Kingdom Hydrographic Office; and

(b) lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

(2) If the Commissioners fail to comply with paragraph (1)(a) or (b), they shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Abatement of works abandoned or decayed

11.—(1) Where the authorised works are abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners at their own expense either to repair and restore the relevant part of the authorised works, or to remove the authorised works and restore their site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

(2) Where works, consisting—

(a) partly of authorised works; and

(b) partly of works on or over land above the level of high water,

are abandoned or suffered to fall into decay and the works mentioned in sub-paragraph (b) are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include those works, or any portion thereof, in any notice under paragraph (1).

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Commissioners, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.

Survey of authorised works

12.  The Secretary of State may at any time, if the Secretary of State deems it expedient to do so, order a survey and examination of the authorised works or of the site upon which it is proposed to construct the works and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.

Permanent lights on authorised works

13.—(1) After the completion of the authorised works the Commissioners must at the outer extremity of such work exhibit every night from sunset to sunrise such lights, shapes and signals and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) If the Commissioners fail to comply in any respect with a direction given under paragraph (1), they shall be guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine.

Lights on tidal works during construction, etc.

14.—(1) The Commissioners must at or near any authorised works during the whole time of the construction of any tidal works exhibit every night from sunset to sunrise such lights, shapes and signals and take such other steps for the prevention of danger to navigation as the Secretary of State may from time to time direct.

(2) If the Commissioners fail to comply in any respect with a direction given under paragraph (1), they shall be guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine.

(3) In this article, “tidal works” means so much of the authorised works as are on, under or over tidal waters or tidal land below the level of high water.

Defence of due diligence

15.—(1) In proceedings for an offence under article 10, 13 or 14 it shall be a defence for the Commissioners to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Commissioners shall not, without the leave of the court, be entitled to rely on that defence unless, before the period of 7 clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.

(1)

1841 c. 30.

(2)

1995 c. 21.