http://www.legislation.gov.uk/id/uksi/2023/675

http://www.legislation.gov.uk/uksi/2023/675/schedule/3/made

The Cornwall Harbours Harbour Revision Order 2023

King's Printer of Acts of Parliament

2024-05-21

HARBOURS, DOCKS, PIERS AND FERRIES

This Order, made on the application of Cornwall Council relates to the ports and harbours of Bude, Newquay, Penryn, Penzance, Prince of Wales Pier (in Falmouth), St Ives and Truro. It modernises and consolidates the statutory harbour powers applying in relation to all seven harbours, so that they will all be governed by Cornwall Council under the Order. The Order provides for:The jurisdiction (article 4 and Schedule 1) and general functions (article 5) of the Council as the statutory harbour authority for the harbours including plans of the harbours (including the harbour premises) which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH and the principal office of the Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. The plans are also available electronically on the Council’s harbours website at www.cornwallharbours.co.uk.Establishing the constitution and governance arrangements of the Cornwall Harbours Board (articles 6 to 12 and Schedule 2).The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 13).Powers to vest in the Council relating to application of finances (article 14), establishment of the Port of Truro Reserve Fund, Port of Penryn Reserve Fund and a General Reserve Fund (articles 15 to 17), as well as borrowing powers (article 18).Powers relating to works including a power to dredge, moorings, aids to navigation, repair of landing places, works and dredging licensing and penalties for obstruction of works (articles 19 to 26 and 50 to 53).Modernised powers of management and control of the harbours to vest in the Council including provisions relating to parking places (article 27), removal of vehicles and vessels (article 28), and byelaws (articles 29 to 30 and Schedule 3).Powers of general direction for the Council and special direction for the harbour master (defined in article 2) for the regulation and management of the harbour (articles 31 to 36). A register of all in force general directions may be inspected during office hours at the relevant harbour office of the Council (article 31). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 35). A defence of due diligence is available to a person charged under article 35 (article 35(2)).A modern suite of charging powers (articles 39 to 49) including exemptions from harbour dues (article 47) and prevention of sailing of vessels (article 49).Powers relating to development of land (article 54), power to grant tenancies and dispose of land (article 55), power to appropriate lands and works for particular uses, etc. (article 56), other commercial activities (article 57), and power to delegate functions (article 58).Powers relating to bunkering (article 59), disposal of wrecks (article 60), unserviceable vessels (article 61), removal of obstructions other than vessels (article 62), boarding of vessels or vehicles (article 63) and notices (article 64).Saving for Trinity House (article 65) and Crown Rights (article 66).To facilitate the above, the Order repeals and revokes the Acts and Orders set out in Schedule 4 and amends the St Ives (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1500), the Penzance and Newlyn (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1495) and the Stratton and Bude Improvement Act 1901 (1 Edw. 7. Ch. cclvii) (articles 67 and 68).Article 2(1) and Schedule 5 make clear that the “undertaking” means the undertaking for the time being of the Council relating to any or all of the harbours as authorised by this Order and the Acts and Orders listed in Schedule 5 (to the extent that those Acts and Orders relate to the harbours or any one of them).An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

SCHEDULES

SCHEDULE 3PURPOSES FOR WHICH BYELAWS MAY BE MADE

Article 29

1

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.

2

Regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbours.

3

Preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property, or persons within the harbours and to any aids to navigation used in connection with the harbours.

4

Regulating, preventing or licencing the conduct of all persons in vessels or otherwise in the harbours not being—

a

members of a police force;

b

officers or servants of the Crown;

c

members of a fire brigade;

whilst in the exercise of their duties as such.

5

Regulating the placing, laying down, maintenance, removal and use of moorings within the harbours.

6

Preventing or removing obstructions (including vessels and vehicles) or impediments within the harbours.

7

Regulating the launching and recovery of vessels in the harbours.

8

Regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbours.

9

Regulating or prohibiting the use in the harbours or onboard any vessel in the harbours of fires, lights, or any other equipment, tools or appliances which the Council considers involves a risk of fire, explosion or chemical reaction and for the prevention of smoking.

10

Regulating the removal of rubbish (including ballast, earth or clay or other refuse) and sewerage for vessels in the harbours.

11

The prevention of the disposal of such rubbish and sewerage from vessels, in the harbours.

12

Prohibiting the use of or regulating the use, movement, speed, placing, loading, unloading, driving and parking of vehicles in the harbours and the removal of vehicles from the harbours (including by the Council).

13

Requiring the use of effectual silencers or other similar apparatus and the control of noise generally on vessels in the harbours.

14

Regulating vessels in the harbours and their entry into and departures from the harbours and, without limiting the scope of this paragraph, for prescribing rules for regulating the speed and manner of navigation or movement and the lights and signals exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbours.

15

Regulating the embarkation of persons on to, or their disembarkation from, vessels within the harbours.

16

Regulating the holding of regattas and other public events in the harbours.

17

Prescribing the lights and signals to be exhibited or made—

a

by vessels aground in the harbours;

b

by vessels or other devices used for marking obstructions within the harbours.

18

Assisting the navigation of vessels within the harbours, at the entrance to any dock or at any wharf, pier or other work.

19

Preventing nuisances in the harbours.

20

Prohibiting or regulating the discharge by land or sea of any material, substance or thing within the harbours or the approaches to them.

21

Regulating or prohibiting fishing for marine creatures of any type and by whatever means from any pier, jetty, breakwater, wharf, or other installation or structure of any kind within the harbours, from any vessel within the harbours or from the foreshore where such fishing interferes with the operation of the harbours or the safety of navigation in the harbours.

22

Regulating or prohibiting aquaplaning, water skiing or diving or other similar activities in the harbours.

23

Regulating or prohibiting bathing, and for securing the protection of bathers, within the harbours.

24

Regulating or prohibiting the use of vehicles on the foreshore within the harbours.

25

Regulating the use of ferries within the harbours and the conduct of boatmen, ferry men, and others plying for hire in the harbours and of persons resorting to any works constructed or operated by the Council.

26

Regulating the exercise of powers vested in the harbour master.

27

Regulating vessels, vehicles and persons embarking or disembarking vessels, frequenting or employed in the harbours.

28

The purposes specified in section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named).