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PART 3DUTIES AND POWERS OF CMAL

Limits of harbour

16.—(1) The limits of the harbour within which CMAL is to exercise jurisdiction as the harbour authority and within which the powers of the Harbour Master are exercisable are—

(a)the seaward limits, being the area of East Loch Tarbert shown on the harbour limits plans—

(i)bounded by a red line following the level of mean high water or, where applicable, the seaward boundary of the harbour land referred to in paragraph (b), and

(ii)enclosed by a straight red line commencing at a point 1 at 57° 53.68’N, 06° 46.15’W and extending from there in a south-westerly direction to a point 2 at 57° 53.14’N, 06° 47.02’W, and

(b)the harbour land being the land (together with existing or future works) now vested in or administered by CMAL as part of the harbour and being the area shown hatched black on the harbour limits plans.

(2) Section 5 (Harbour limits at East Loch Tarbert) of the 1984 Order is revoked.

(3) The harbour land referred to in paragraph (1)(b) shall be deemed to be operational land within the meaning and for the purposes of the Town and Country Planning (Scotland) Act 1997(1).

(4) The limits within which the provisions of the 1873 Order and, so far as relating to East Loch Tarbert, the 1984 Order are to apply shall comprise the limits of the harbour defined in paragraph (1); and accordingly any reference to the harbour limits contained in the 1873 Order or the 1984 Order (as so relating) or in any byelaws, order or regulations made under them shall be construed as a reference to those limits.

(5) In paragraph (1), any reference to co-ordinates is a reference to World Geodetic System 1984 datum.

(1)

1997 c.8; “operational land” is defined in section 215 to which there are amendments not relevant to this Order, which section is subject to section 216.