The Dee Estuary Conservancy Harbour Revision Order 2023

Article 12(1) and (2)

SCHEDULE 1 PURPOSES FOR WHICH BYELAWS MAY BE MADE

1.  The purposes mentioned in article 12(2) for which the conservancy authority may make byelaws include any of the following—

(a) regulating the use of any works and facilities provided by the authority;

(b) preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the estuary and to any aids to navigation which are used in connection with the estuary;

(c) regulating the conduct of all persons in the estuary, not being—

(i) members of a police force;

(ii) officers or servants of the Crown; or

(iii) members of a fire brigade,

whilst in the exercise of their duties as such;

(d) regulating the placing, maintenance and use of moorings within the estuary;

(e) preventing and removing obstructions or impediments within the estuary;

(f) regulating or prohibiting the use in the estuary, or on board any vessel in the estuary, of—

(i) fires,

(ii) lights, including false lights,

(iii) tobacco or any other substance, equipment, tools or appliances which the authority considers involve a risk of fire, explosion or chemical reaction;

(g) requiring the use of silencers or other similar apparatus, and the control of noise generally on vessels in the estuary;

(h) regulating the admission to, the movement within, and the departure of vessels from the estuary, or the removal of vessels, and for the good order and government generally of vessels while within the estuary;

(i) regulating the navigation, berthing and mooring of vessels within the estuary and their speed and manner of navigation;

(j) preventing damage or injury to any vessels, goods, vehicles, plant, machinery, property or persons within the estuary;

(k) prescribing the lights and signals to be exhibited or made—

(i) by vessels or other devices used for marking obstructions within the estuary; or

(ii) at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the estuary;

(l) prohibiting or regulating the discharge into the estuary of any material or substance;

(m) regulating or prohibiting fishing for marine creatures of any type and by whatever means from—

(i) any pier, jetty, wharf, breakwater or other installation or structure of any kind within the estuary,

(ii) any vessel within the estuary, or

(iii) the foreshore,

where, in the opinion of the authority, such fishing may interfere with the safety of navigation in the estuary;

(n) regulating or prohibiting bathing, and for securing the protection of bathers, within the channels of the estuary;

(o) regulating or prohibiting the use of vehicles on the foreshore within the estuary;

(p) regulating the berthing, mooring and anchoring of vessels in any part of the estuary;

(q) regulating the use within the estuary of yachts, sailing boats, sailboards, rowing boats, kite surfers, pleasure craft, windsurfers, personal watercraft and other small craft;

(r) regulating the holding of regattas and other public events in the estuary;

(s) regulating or prohibiting the activities within the estuary of divers, surfers, underwater swimmers, water-skiers and other persons engaged in similar pursuits;

(t) preventing the disposal of any waste matter except at places or in a manner prescribed by the authority;

(u) regulating the conveyance, landing, laying down, discharge or removal of goods, gear, equipment, timber, logs, floats, or rafts of timber or other items within the estuary;

(v) regulating the exercise of the powers vested in the harbour master;

(w) making the carrying out of specified estuary operations, or the conduct of persons in the estuary, subject to the approval with or without conditions, control or direction of the harbour master, and for authorising the harbour master to take such action as may be reasonably required in default of compliance with any such approval, condition, control or direction;

(x) for the conservation of the natural beauty of all or any part of the estuary or of any of the fauna, flora or geological or physiographical features in the estuary and all other natural features; and

(y) for the purposes specified in section 83 (byelaws) of the 1847 Act.

2.  In this Schedule—

(a) “kite surfers” mean boards with a kite or kites designed to be operated by a person or persons standing upright on them;

(b) “personal watercraft” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either—

(i) by means of a handlebar-operated linkage system (with or without a rudder at the stern); or

(ii) by the person or persons riding the craft using their body weight for the purpose; or

(iii) by a combination of the methods referred to in sub-paragraphs (i) and (ii);

(c) “signals” includes sound signals; and

(d) “windsurfers” mean boards with a sail or sails designed to be operated by a person or persons standing upright on them.