Folkestone Harbour Act 1992

All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Act shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

Reference points specified in this Act shall be construed as references to Ordnance Survey National Grid reference points.

Any reference in this Act to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Act.

Subject to the provisions of this Act, the Company may, in the county of Kent, in the district of Shepway, in the lines or situations shown on the deposited plan and within the limits of deviation and according to the levels shown on the deposited sections, make and maintain the following works in the harbour with all necessary works and conveniences connected therewith:—

• Work No. 1 Infilling and reclamation of part of the harbour to a maximum area of 1·70 hectares, commencing at a point at TR2324035891 64 metres north of the gate house and extending in a generally north-easterly direction for a distance of 100 metres to a point at TR2331735955, thence in a generally easterly direction for a distance of 82 metres to a point at TR2339535977, thence in a generally south-easterly direction for a distance of 44 metres to a point at TR2343335956, thence in a generally southerly direction for a distance of 47 metres to a point at TR2344635911 and there terminating.

• Work No. 2 A wharf of solid construction on the seaward side of The Stade, commencing at a point at TR2331236036 16 metres south-west of the south-western corner of the fish market and extending in a generally east-north-easterly direction for a distance of 183 metres to a point at TR2348236103 and there terminating.

• Work No. 3 A boat repair area of solid construction and of irregular shape adjoining Work No. 2, commencing at a point at TR2350836117 30 metres east-north-east of the termination of Work No. 2 and extending in a generally southerly direction for a distance of 33 metres to a point at TR2351236085 and there terminating.

• Work No. 4 A slipway of solid construction adjoining Work No. 3, commencing at a point at TR2352736086 15 metres east of the termination of Work No. 3 and extending in a generally southerly direction for a distance of 66 metres to a point at TR2351436022 and there terminating.

• Work No. 5 A solid face wall of steel and concrete construction on the western side of the existing east pier, commencing at a point at TR2353936145 43 metres north-east of the commencement of Work No. 3 and extending in a generally southerly direction for a distance of 190 metres to a point at TR2350535960 thence in a generally easterly direction for a distance of 8 metres to a point at TR2351335958 and there terminating.

• Work No. 6 A solid face wall of steel and concrete construction on the northern side of the south wall of the harbour, incorporating openings in the said south wall, commencing at a point at TR2327335848 54 metres south-east of the commencement of Work No. 1 and extending in a generally easterly direction for a distance of 64 metres to a point at TR2333435862, thence in a generally northerly direction for a distance of 3 metres to a point at TR2333335865, thence in a generally easterly direction for a distance of 206 metres to a point at TR2353035922, thence through a curve to a southerly direction for a distance of 14 metres to a point at TR2353735913 and there terminating.

• Work No. 7 A lifting bridge connecting Work No. 1 with the south wall of the harbour, commencing at a point at TR2342135906 24 metres west of the termination of Work No. 1 and extending in a southerly direction for a distance of 16 metres to a point at TR2342635891 and there terminating.

The Company may, within the limits of deviation, alter, replace or relay the works.

The Company may, from time to time, deepen, widen, dredge, scour, cleanse, alter and improve the foreshore and bed of the harbour and the approaches thereto and blast any rock therein and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the M6Merchant Shipping Act 1894) from time to time dredged by them:

Provided that no materials so dredged (other than those dredged for the purpose of constructing the works) shall be deposited below the level of high water except in such position as the Secretary of State may approve and subject to such conditions or restrictions as he may impose.

The Company may provide, place, lay down, maintain and use moorings in the harbour and may make them available to any person on such terms and conditions as it thinks fit.

A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

The Company shall at or near a tidal work during the whole time of the construction, alteration, replacement or re-laying thereof, exhibit every night from sunset to sunrise such lights and take such other steps for the prevention of danger to navigation as the Secretary of State may from time to time direct.

If the Company fails to comply with any requirement of a direction given under this section it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

If the Company fails to notify Trinity House as required by this section or to comply with any requirement of a direction given under this section it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this section.

If, on the expiration of 30 days from the date when a notice under this section is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Company.

After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

If the Company fails to comply in any respect with a direction given under this section it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Except as provided in paragraphs (3) and (4) below, the Company shall not commence Work No. 1 until a lock at the entrance of the harbour has been constructed and brought into operation:

Paragraph (2) above shall not apply to so much of Work No. 1 as is constructed within the area shown hatched red on the signed plan:

Provided that the Company shall not cause or permit any building within that area to be occupied until a lock at the entrance of the harbour has been constructed and brought into operation:

Section 10 (Abatement of works abandoned or decayed) of this Actshall apply in relation to the Company as if references in that section to the Secretary of State included references to the Council:

Provided that the Company shall not be obliged by virtue of this paragraph to do anything which is or would be inconsistent with any requirement imposed by the Secretary of State under that section:

In exercising the powers mentioned in paragraph (9) above the Company shall use all reasonable endeavours to ensure compliance with the provisions relating to underwater blasting (and any related provisions concerning handling and storage) contained in the British Standard Code of Practice for the safe use of explosivesin the construction industry (BS5607:1988) or in any Code superseding the same:

Any difference arising between the Company and the Council under this section (otherwise than a difference as to the meaning or construction of this section) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Royal Institution of Chartered Surveyors.

The Company shall be responsible for moving any mooring sinkers or, as the case may be, laying temporary mooring sinkers, in connection with the discharge of its duties under paragraph (2) above:

Without prejudice to paragraph (1) above, the licences which the Company is required to offer to grant to members of the Club under sub-paragraph (b) thereof shall be for moorings for such sizes of vessel as the Club may reasonably request, having regard to the fact that the Club represents the interests of the owners of yachts and the owners of motor boats:

The Company shall re-locate the existing ladder on the west face of the harbour (or provide a substitute therefor) so as to ensure that there is access by ladder to the harbour at all times during and after construction of the works:

The Company shall use its reasonable endeavours to ensure that the temporary slipway becomes operational as soon as practicable after the existing slipway has been removed:

Subject to paragraph (10) below, upon the completion of Work No. 4 the Company shall make it available for use by the public on such terms and conditions (including the payment of reasonable charges) as the Company thinks fit for the purpose of launching and recovering vessels and the Company shall provide reasonable facilities adjacent to Work No. 4 for the scrubbing, anti-fouling and maintenance of vessels belonging to members of the Association or of the Club by such members or their appointees (on such terms and conditions as aforesaid save that the use for such activities shall not be the subject of a separate charge):

The Company shall not levy a separate charge for the use of Work No. 4 for the launching and retrieving of vessels by any member of the Association or of the Club who has for the time being an annual mooring licence issued by the Company, and any charge for the use of that work by such a person shall be incorporated in the charge made for the use of his mooring:

Subject to paragraph (12) below, paragraphs (2) to (4) of section 18 (For protection of Shepway District Council) shall (with the exception of the proviso to the said paragraph (4)) apply in relation to the Association and the Club as they apply in relation to the District Council of Shepway (hereinafter referred to as “the Council”):

Without prejudice to paragraphs (11) and (12) above, in the event of the Company exercising its powers under subsection (2) of section 6 (Powers as to dredging and moorings) of this Act in order to construct pontoon moorings, the Company shall take all such steps as may be reasonably necessary in order to ensure that those moorings are not subjected to such turbulence as would be likely to cause injury to any person using such a mooring or damage to any vessel at such a mooring:

Notwithstanding anything contained in this Act the Company shall not have power to charge more than a reasonable fee for the use of any mooring provided under subsection (2) of the said section 6:

The Company shall ensure that the person in charge of any vessel having a mooring in the harbour which is accessible from the sea only by passing under a bridge constructed by the Company in pursuance of this Act shall be entitled (except in an emergency) to call for that bridge to be raised on demand in order to enable that vessel to pass thereunder in either direction:

Provided that if there is more than one such bridge the Company shall determine which bridge is to be so raised and shall be entitled to complete the operating sequence of any lock which may be constructed at the entrance to the harbour before attending to raise such bridge:

In the event of the Company exercising its powers under subsection (2) of the said section 6 in order to construct pontoonmoorings, the Company shall use its reasonable endeavours to ensure that certain of those moorings are available on a temporary basis for yachts visiting the harbour from elsewhere and that such facilities for visiting yachts are reasonably adequate to meet the anticipated demand from time to time arising; and, without prejudice to the generality of the foregoing, the Company may provide such facilities by reserving rights to make use of moorings held under annual licence which are temporarily unoccupied by the licence-holders:

Any difference arising between the Company, the Association, the RYA or the Club under this section (otherwise than a difference as to the meaning or construction of this section or the reasonableness of charges made by the Company) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of any party (after notice in writing to the others) by the President of the Royal Institution of Chartered Surveyors.

The Company shall, before commencing the construction of the specified works, furnish to the railways board such proper and sufficient plans thereof as may reasonably be required for the reasonable approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:

Provided that, if within 56 days after such plans have been furnished to the railways board the engineer has not notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted:

If within 56 days after such plans have been furnished to the railways board the railways board give notice to the Company that the railways board desire themselves to construct any part of the specified works, which the engineer is satisfied will or may affect the stability of railway property and the safe operation of the railways of the railways board, then, if the Company desires such part of the specified works to be constructed, the railways board shall construct it with all reasonable dispatch on behalf of, and to the reasonable satisfaction of, the Company in accordance with the plans approved or deemed to be approved or settled as aforesaid:

Upon signifying his approval or disapproval of the plans the engineer may specify any protective works, whether temporary or permanent, which the engineer is satisfied should be carried out before the commencement of the construction of the specified works to ensure the stability of railway property or the continuation of safe and effective operation of the railways of the railways board including any relocation of works, apparatus and equipment necessitated by the specified works, and such protective works as may be reasonably necessary for those purposes shall be constructed by the railways board with all reasonable dispatch or, if the railways board so desire, such protective works shall be carried out by the Company at its own expense and the Company shall not commence the construction of the specified works until the engineer has notified the Company that the protective works have been satisfactorily completed:

The Company shall give to the engineer not less than 28 days' notice of its intention to commence the construction of any of the specified works and also, except in emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with railway property:

The construction of the specified works and of any protective works carried out by the Company by virtue of the provisions of paragraph (4) above shall, when commenced, be carried out with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given), and to the reasonable satisfaction, of the engineer, and in such manner as to cause as little damage as may be to railway property and as little interference as may be with the conduct of traffic on the railways of the railways board and the use by passengers of railway property and, if any damage to railway property or any such interference is caused by the carrying out of the specified works, the Company shall, notwithstanding any such approval as aforesaid make good such damage and shall pay to the railways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage or interference:

Provided that nothing in this paragraph shall impose any liability on the Company with respect to any damage, cost, expense or loss which is attributable to the wrongful act, neglect or default of the railways board or their servants or agents:

The Company shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:

During the construction of any works by the railways board under this section the railways board shall at all times afford reasonable facilities to the Company and its agents for access to those works, and shall supply the Company with such information as it may reasonably require with regard to such works or the method of construction thereof:

If any alterations or additions either permanent or temporary, to railway property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, directly as a result of the construction of the specified works, such alterations and additions may be carried out by the railways board and if the railways board give to the Company reasonable notice of their intention to carry out such alterations or additions, the Company shall pay to the railways board the reasonable cost thereof including, in respect of permanent alterations and additions, a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the railways board in maintaining, working and, when necessary, renewing any such alterations or additions:

Provided that, if the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the Company to the railways board under this section:

Any difference arising between the Company and the railways board under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.

Without prejudice to the generality of paragraph (2) above, the requirements which the Authority may impose under that paragraph include conditions requiring the Company at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work:

Any specified work, and all protective works required by the Authority under paragraph (2) above, shall be constructed to the reasonable satisfaction of the Authority and the Authority shall be entitled by its officer to watch and inspect the construction of such works:

If by reason of the construction of any specified work the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the Company to the reasonable satisfaction of the Authority and, if the Company fails to do so, the Authority may make good the same and recover from the Company the expense reasonably incurred by it in so doing:

The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the Company from any liability under the provisions of this section:

Any difference arising betweeen the Company and the Authority under this section (other than a difference as to the meaning or construction thereof) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers.

A consent under subsection (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.