The Penzance Harbour Revision Order 2009

Byelaws E+W+S

22.—(1) The Council may make byelaws for the good rule and government of the harbour and, without prejudice to the generality, for all or any of the following purposes—

(a) for regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities provided by the Council;

(b) regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour;

(c) for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;

(d) for regulating, preventing or licensing the conduct of all persons in vessels or otherwise in the harbour, not being members of a police force or officers or servants of the Crown or members of a fire and rescue authority acting in pursuance of the Fire and Rescue Services Act 2004(1) whilst in the exercise of their duties as such;

(e) for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specifications of moorings in the harbour;

(f) for preventing or removing obstructions or impediments within the harbour;

(g) for regulating the launching of vessels within the harbour;

(h) for regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbour;

(i) for regulating or preventing the use in the harbour or on board any vessel in the harbour of fires, lights or any other equipment, tools or appliances which the Council consider involves a risk of fire and for the prevention of smoking;

(j) for regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse) and sewage from vessels in the harbour;

(k) for the prevention of the disposal of such rubbish and sewage from vessels, in the harbour;

(l) for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;

(m) for requiring the use of effectual silencers and the general control of noise on vessels in the harbour;

(n) for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;

(o) for regulating the embarkation of persons into, or their disembarkation from, vessels within the harbour;

(p) for regulating the holding of regattas and other public events in the harbour;

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

(i) by vessels aground within the harbour;

(ii) by devices used for marking obstructions within the harbour;

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

(r) for the prevention of nuisances in the harbour;

(s) for preventing or regulating the discharge by land or sea of any material or thing within the harbour or the approaches to it;

(t) for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;

(u) for regulating or preventing aquaplaning, jet skiing, water skiing or diving or other recreational activities in the harbour;

(v) for regulating or preventing bathing, and for securing the protection of bathers, within the harbour;

(w) for regulating or preventing the use by vehicles of the foreshore within the harbour;

(x) for regulating the use of ferries within the harbour and the conduct of boatmen, ferrymen and others plying for hire in the harbour and of persons resorting to any works constructed or operated by the Council; and

(y) for regulating the exercise of the powers vested in the harbour master.

(2) In this article “signals” includes sound signals.

(3) Byelaws made under this article, section 83 of the Act of 1847 and section 42 of the Act of 1883 may—

(a) provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given under such byelaws, fines not exceeding level 3 on the standard scale;

(b) relate to the whole of the harbour or to any part of it;

(c) make different provisions for different parts of the harbour or in relation to different classes of vessels or vehicles.

(4) In proceedings for an offence against byelaws made by the Council under this article, section 83 of the Act of 1847 or section 42 of the Act of 1883, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.

(5) The powers of this article are in addition to the powers conferred by section 83 of the Act of 1847 and section 42 of the Act of 1883.

Commencement Information

I1 Art. 22 in force at 18.9.2009, see art. 1

(1)

2004 c. 21.