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The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Incorporation of Harbours, Docks and Piers Clauses Act 1847

  3. PART 2 ESTUARY REGULATION

    1. 4.General functions of the Natural Resources Body for Wales in relation to the conservancy undertaking

    2. 5.Consultative Committee

    3. 6.Aids to navigation

    4. 7.Removal of obstructions other than vessels and wreck

    5. 8.Moorings

    6. 9.Repair of landing places, etc.

    7. 10.Power to dredge

    8. 11.Power with respect to disposal of wrecks

    9. 12.General byelaws

    10. 13.General directions to vessels

    11. 14.Publication of general directions

    12. 15.Special directions

    13. 16.Failure to comply with directions

    14. 17.Enforcement of special directions

    15. 18.Master’s responsibility in relation to directions

  4. PART 3 CHARGES

    1. 19.Charges for services or facilities

    2. 20.Payment of charges

    3. 21.Compounding arrangements and rebates

    4. 22.Deposit for charges

    5. 23.Liens for charges

    6. 24.Exemptions from dues

    7. 25.Harbour master may prevent sailing of vessels

  5. PART 4 CONTROL OF WORKS AND DREDGING IN ESTUARY

    1. 26.Restriction of works and dredging

    2. 27.Control of certain operations and works of statutory undertakers

    3. 28.Licensing of works

    4. 29.Licence to dredge

    5. 30.Appeals in respect of works or dredging licences

    6. 31.Lights on tidal works during construction

    7. 32.Provision against danger to navigation

    8. 33.Abatement of works abandoned or decayed

    9. 34.Survey of tidal works

    10. 35.Permanent lights on tidal works

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 36.Local inquiries

    2. 37.Defence of due diligence

    3. 38.Boarding of vessels

    4. 39.Obstruction of officers

    5. 40.Crown Rights

    6. 41.Saving for Trinity House

    7. 42.For the protection of the company

    8. 43.For the protection of the Mersey Docks and Harbour Company

    9. 44.Repeals and revocation

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      PURPOSES FOR WHICH BYELAWS MAY BE MADE

      1. 1.The purposes mentioned in article 12(2) for which the conservancy...

      2. 2.In this Schedule— (a) “kite surfers” mean boards with a...

    2. SCHEDULE 2

      REGULATION OF THE ESTUARY

      1. PART 1 PRELIMINARY

        1. Interpretation

          1. 1.In this Schedule— “the Admiralty Charts” means the Admiralty Charts...

        2. Application

          1. 2.The provisions of this Schedule have effect in addition to...

      2. PART 2 NAVIGATION

        1. Vessel movements

          1. 3.The master of a vessel other than a small vessel...

        2. Declaration of particulars of vessel

          1. 4.The master of a vessel, other than a small vessel,...

        3. Vessels to be navigated with care and caution

          1. 5.(1) Subject to sub-paragraph (2), the master of a vessel...

        4. Vessels not to make fast to aids to navigation

          1. 6.(1) Subject to sub-paragraph (2), the master of a vessel...

        5. Notification of accidents and deficiencies, etc.

          1. 7.(1) The master of a vessel which—

        6. Vessels to have competent helmsman

          1. 8.(1) Subject to sub-paragraph (2), the master of a vessel...

        7. Master to remain on bridge

          1. 9.The master of a power-driven vessel under way must either—...

        8. Use of whistles

          1. 10.A person must not use a whistle within the estuary...

        9. Anchorage

          1. 11.(1) Subject to sub-paragraph (3), except with the permission of...

        10. Obstruction of the channels

          1. 12.Except with the permission of the harbour master, a vessel...

        11. Shipkeepers

          1. 13.(1) A vessel that is compelled or allowed to anchor...

      3. PART 3 BERTHING AND MOORING

        1. Provision of proper fenders

          1. 14.(1) The— (a) master, and (b) owner of a vessel...

        2. Vessels to be properly berthed

          1. 15.The master of a vessel must at all times keep...

        3. Vessels adrift

          1. 16.The master of a vessel which parts from its moorings...

        4. Access to and egress from vessels

          1. 17.The master and the owner of a vessel, other than...

        5. Sufficiency of crew

          1. 18.(1) Except with the permission of the harbour master, the...

        6. Vessels to be kept in a movable condition

          1. 19.(1) The master of a vessel, other than a small...

        7. Use of engines while vessel moored or berthed

          1. 20.The master of a vessel which is moored at a...

        8. Vessels not to make fast to unauthorised objects

          1. 21.A person must not make a vessel fast to any—...

        9. Access across decks

          1. 22.The master of a vessel— (a) alongside a quay, or...

        10. Lost anchor, cable or propeller

          1. 23.The master of a vessel which has slipped or parted...

      4. PART 4 GENERAL

        1. Inspecting facilities, etc., to be made available to harbour master

          1. 24.The master of a vessel must, so far as may...

        2. Navigation under influence of drink or drugs prohibited

          1. 25.(1) This paragraph applies to a person who—

        3. Vessels not to be fumigated without permission

          1. 26.The master or owner of a vessel must not cause...

        4. Discharges into estuary prohibited

          1. 27.(1) A person must not discharge any matter or cause...

        5. Fishing

          1. 28.(1) A person fishing in the estuary must comply with...

        6. No dragging or grappling without permission

          1. 29.Without prejudice to paragraph 23 (lost anchor, cable or propeller),...

        7. Vessels to have names marked on them

          1. 30.The owner of a vessel greater than 10 metres in...

        8. Abandonment of vessels prohibited

          1. 31.(1) A person must not abandon a vessel on the...

        9. Water-skiing, aquaplaning and similar activities

          1. 32.(1) A person must not engage or take part in...

        10. Parakiting, parascending and similar activities

          1. 33.A person must not engage or take part in parakiting,...

        11. Diving and underwater swimming

          1. 34.(1) Subject to sub-paragraph (2), a person, other than a...

        12. Regattas, races and similar events

          1. 35.(1) The person responsible for organising any regatta, race, procession,...

        13. Aids to navigation

          1. 36.(1) A person must not— (a) erect,

        14. Assistance to fire and other services

          1. 37.The master of a vessel must give every reasonable facility...

        15. Fire precautions

          1. 38.The master of a vessel must take all reasonable precautions...

        16. Obstruction of officers of the conservancy authority

          1. 39.A person must not intentionally obstruct any officer or employee...

        17. Firearms

          1. 40.(1) Except with the prior consent of the harbour master,...

        18. Silencers

          1. 41.A person, being the master of a vessel propelled by...

        19. Penalties

          1. 42.(1) Any person who contravenes or otherwise fails to comply...

    3. SCHEDULE 3

      PROTECTIVE PROVISIONS FOR THE COMPANY

      1. Limitation on the conservancy authority’s powers

        1. 1.The conservancy authority— (a) must not— (i) erect,

        2. 2.Article 26 (restriction of works and dredging) does not apply...

        3. 3.The conservancy authority must not, without the consent of the...

        4. 4.The company is not required to pay any fee under...

        5. 5.(1) Subject to sub-paragraphs (2) and (3), any difference arising...

  9. Explanatory Note

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