The Tobermory Harbour Empowerment Order 2017

Saving for CMAL and the ferry operator

39.—(1) Where any exercise by the Company of its powers under article 4 (power to maintain etc. the existing works), article 5 (power to dredge), article 14 (general byelaws) or article 16 (general directions to vessels) is likely to impact materially on the regular operations of CMAL or the ferry operator within the harbour limits in connection with the operation of the relevant ferry services, the Company shall, prior to exercising such powers, consult with CMAL and the ferry operator and shall have due regard to any representations made by CMAL and/or the ferry operator.

(2) Except in the case of an emergency, special directions issued under article 18 (special directions to vessels) shall not apply to any ferry operated by the ferry operator in connection with the relevant ferry services.

(3) No ship, passenger or goods dues shall be levied by the Company in respect of any vessel, or any passengers or goods, on any vessel, which enters the harbour to take access to, and egress from, the ferry pier and slipway but the Company shall be entitled to levy ships, passengers and goods dues in respect of any vessel that (except in the case of emergency)—

(a) anchors or moors in the harbour (other than at the ferry pier and slipway); or

(b) otherwise uses any of the harbour premises,

prior to, or after, any use of the ferry pier and slipway.

(4) This article shall have no effect—

(a) during any period in which the Company is the leaseholder of the ferry pier and slipway; and, otherwise,

(b) following the date upon which the Company becomes the heritable proprietor of the ferry pier and slipway.