The Dee Estuary Conservancy Harbour Revision Order 2023

Special directions

15.—(1) The harbour master may give a direction under this article in respect of a vessel anywhere in the estuary for any of the following purposes—

(a) requiring persons to comply with a requirement made in or under a general direction;

(b) regulating or requiring the movement, anchorage, berthing, mooring or unmooring of the vessel;

(c) specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(d) prohibiting or restricting the use of fires or lights, including false lights;

(e) specifying requirements as to the use of ballast;

(f) requiring the removal of the vessel from any part of the estuary for one or more of the following reasons—

(i) the vessel is on fire;

(ii) the vessel is in such condition as to be liable to become immobilised, waterlogged, or to sink;

(iii) the vessel is making an unlawful use of the estuary or interfering with the reasonable use or enjoyment of it by other vessels or persons, or the dispatch of business in it;

(iv) the vessel’s removal is necessary to enable maintenance or repair work to be carried out in the estuary;

(v) the vessel’s removal is considered by the harbour master to be necessary in order to avoid danger to life (including wildlife) or to property; or

(vi) the vessel’s removal is considered by the harbour master to be necessary to avoid danger to flora or fauna or to geological or physiographical features of the harbour.

(2) In deciding whether to give a direction under this article in any particular case, the harbour master must have regard to all the circumstances of that case and, in particular, to the safety of any person or vessel, whether in or outside the harbour, and including the vessel which would be the subject of the direction.

(3) In an emergency the harbour master may give a special direction applicable to all vessels or to a particular class of vessel for any of the purposes mentioned in paragraph (1).

(4) A special direction may be given orally or in writing or in any manner considered by the harbour master to be appropriate.

(5) The harbour master may revoke or amend a special direction.