The Great Yarmouth Third River Crossing Development Consent Order 2020

Byelaws

51.—(1) The undertaker may make, amend, revoke and enforce byelaws regulating the use and operation of the new bridge, the maintenance of order and the conduct of persons in the new bridge area, the mooring of vessels to the new bridge and vessel waiting facilities, and the passage of vessels past the new bridge.

(2) Without limiting the scope of paragraph (1), byelaws under this article may make provision—

(a) preventing interference with, or obstruction of, the operation of the new bridge, the new bridge control tower, the new bridge plant room, the vessel waiting facilities or other facilities, machinery, apparatus, tools or other things provided in connection with the operation of the new bridge;

(b) preventing interference with, or obstruction of, the new bridge infrastructure;

(c) preventing trespass in the new bridge area;

(d) preventing nuisances in the new bridge area;

(e) requiring any person in charge of a motor vehicle which is at rest by reason of breakdown or accident in a prescribed place on the new bridge or the new bridge approaches to take prescribed steps for reporting that fact and the position and circumstances in which the vehicle is at rest;

(f) prohibiting any person, other than an authorised person—

(i) from carrying out, or attempting to carry out a repair, adjustment or refuelling of such a vehicle to which sub-paragraph (e) applies except with permission expressly given by an authorised person; and

(ii) from moving, or attempting to move, such a vehicle from the position in which it is at rest unless so directed by an authorised person;

(g) prohibiting a person from obstructing any action taken by an authorised person under the powers conferred by articles 46 (removal of vehicles) and 47 (removal of falling loads and objects);

(h) ensuring the safety of vehicles passing over the new bridge; and

(i) placing controls on the mooring and passage of vessels.

(3) The undertaker must obtain the agreement of the GYPA, such agreement not to be unreasonably withheld, before making byelaws under paragraph (1)(1) the purpose of which is to control the navigation or mooring of vessels.

(4) The byelaws contained in Schedule 11 (the Great Yarmouth Third River Crossing Byelaws 2020)—

(a) are to be treated for all purposes as byelaws made by the undertaker under paragraph (1) save that, for the purposes of paragraph (7) and the provisions of the Local Government Act 1972(1), mentioned in that paragraph, they are to be treated as having been confirmed by the Secretary of State on the date this Order comes into force;

(b) take effect upon commencement of construction of the new bridge; and

(c) continue to have effect until such time as they are amended or revoked by further byelaws made under paragraph (1).

(5) From the date that this Order comes into force, the Great Yarmouth Port Authority Navigation (Haven) Byelaws 1997(2) are amended as follows—

(a) in Byelaw 3 (interpretation) insert the following definitions in the appropriate places alphabetically—

““the new bridge” means the bridge comprised in Work No. 8B together with the vessel impact protection systems and supporting works comprised in Work Nos. 6A and 6B, as set out in Schedule 1 (authorised development) to the Order”;

““the new bridge control tower” means Work No. 7A as set out in Schedule 1 to the Order”;

““the new bridge infrastructure” means the vessel waiting facilities together with all infrastructure which is required for or facilitates the construction, maintenance inspection or operation of the new bridge including (without limitation) cables, pipes and other apparatus relating to the provision of drainage, electricity, water, and other services, fenders and other protective or ancillary works relating to the new bridge, tools and any emergency, safety or communications apparatus”;

““new bridge undertaker” means Norfolk County Council or a person to whom the benefit of the relevant provisions of the Order has been transferred under article 8 (consent to transfer benefit of the Order) of the Order”;

““the Order” means the Great Yarmouth Third River Crossing Development Consent Order 2020”;

““the vessel waiting facilities” means the vessel waiting facilities comprised in Work No. 6A as set out in Schedule 1 to the Order”; and

(b) after Part V (Haven Bridge) insert—

“PART VA NEW BRIDGE CONTROLS ON VESSELS

Mooring of vessels

44A.   A master of a vessel must not moor the vessel to any part of the new bridge or the new bridge infrastructure without the prior consent of the harbour master and the new bridge undertaker.

Observation of signals and communications

44B.   A master of a vessel must observe and comply with all river traffic control signal lights exhibited from the new bridge and follow any instructions issued by the harbour master.

44C.   A master of a vessel approaching or departing the new bridge must make every reasonable effort to maintain continuous contact with the harbour master.

44D.   A master of a vessel awaiting passage under the new bridge must—

(a) give transiting vessels sufficient room to manoeuvre; and

(b) ensure that that the vessel does not advance beyond the outer edge of the vessel impact protection systems comprised in the new bridge until allowed to proceed by the harbour master.

Passage of vessels under the new bridge

44E.   A master of a vessel must not direct the vessel to pass under the new bridge without prior consent from the harbour master.

44F.— (1) A master of a vessel must ensure that the vessel does not exceed a speed over the ground of seven knots when approaching and passing under the new bridge.

(2) This byelaw does not apply to any vessel when it is being used for a rescue operation, fire-fighting or for police or port operations.

Collision with the new bridge

44G.   A master of a vessel which has been involved in a collision with the new bridge or any element of the new bridge infrastructure must, as soon as reasonably practicable, report the occurrence to the new bridge undertaker and the harbour master and as soon as reasonably practicable thereafter provide the new bridge undertaker and the harbour master with details of the collision in writing.”.

(6) The GYPA must not—

(a) amend or revoke the byelaws inserted into the Great Yarmouth Port Authority Navigation (Haven) Byelaws 1997 by paragraph (5); or

(b) make byelaws which affect the new bridge, the new bridge infrastructure, or the passage of vessels within the limits of dredging,

without first obtaining the consent of the undertaker, such consent not to be unreasonably withheld.

(7) Subject to paragraph (8), the provisions of subsections 236(3) to (8) and (11) (procedure, etc., for byelaws) and section 238 (evidence of byelaws) of the Local Government Act 1972(3) apply in relation to byelaws made by the undertaker under paragraph (1) and for that purpose references in those provisions of the Local Government Act 1972 to “the authority” are to be read as references to the undertaker.

(8) Subject to paragraph (3), the undertaker may make, amend and revoke byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016(4) as if those regulations applied to the making and revoking of byelaws under this article (and accordingly section 236 of the Local Government Act 1972 did not apply).

(9) Byelaws made under this article are enforceable as follows—

(a) in the case of byelaws made under paragraph (1), by an authorised person; or

(b) in the case of vessel byelaws, by an authorised person or the GYPA.

(10) A person who contravenes a byelaw made under paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) Where damage to the new bridge or new bridge infrastructure is attributable to a person in charge of a vessel being in breach of a byelaw made under paragraph (1) or a vessel byelaw, the undertaker may recover from that person all expenses reasonably incurred in repairing the damage as a debt.

(12) The undertaker must provide to the harbour master all information reasonably requested by the harbour master where the harbour master reasonably suspects that a breach of the byelaws made under paragraph (1) or the vessel byelaws has been committed by a person in charge of a vessel.

(13) The undertaker must comply with a request made by the harbour master under paragraph (12) within 10 days of the date the request was made.

(14) In this article “breakdown” in relation to a motor vehicle, includes mechanical defect, lack of fuel, oil, water or power required for the vehicle, and any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories, drive it under its own power away from the new bridge.

(15) In this article and in article 52 (fixed penalty notices) “vessel byelaws” means—

(a) the byelaws inserted into the Great Yarmouth Port Authority Navigation (Haven) Byelaws 1997 by paragraph (5), as from time to time amended or revoked by the GYPA in accordance with paragraph (6); and

(b) the byelaws made by the GYPA in accordance with paragraph (6) which affect the new bridge, the new bridge infrastructure, or the passage of vessels within the areas shown hatched yellow and blue on the limits of dredging plan.

(1)

1972 c. 70.

(2)

Made by the Great Yarmouth Port Authority in exercise of powers conferred by section 83 of the Harbours, Docks and Pier Clauses Act 1847 and other enabling powers.

(3)

1972 c. 70. There are amendments to subsections 236(3) to (8) and (11) and section 238 but none are relevant to this Order.

(4)

S.I. 2016/165.