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The Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order, made on the application of Cornwall Council relates to the harbours of Portscatho, Portreath and Portwrinkle and makes the Council the statutory harbour authority in respect of each of them.

The Order provides for:

(1) The Council to become the statutory harbour authority for the harbours and to have jurisdiction over the harbours (including the harbour premises) as set out in article 4 (harbours jurisdiction) and the Schedule (limits of the harbours). The harbour limits plans may 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 Cornwall Council. The plans are also available electronically on the Council’s harbours website www.cornwallharbours.co.uk.

(2) The amendment of article 2 and Schedule 1 of the Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675) to apply its provisions to the harbours, so that the harbours will all be governed under the provisions of the Cornwall Harbours Harbour Revision Order 2023 (article 5).

(3) The amendment of article 50 (power to dredge) of the Cornwall Harbours Harbour Revision Order 2023 so that the dredging exemption in section 75 of the Marine and Coastal Access Act 2009 does not apply to the Portreath, Portscatho and Portwrinkle harbours (article 5).

(4) The amendment of Schedule 5 (Acts and Orders) of the Cornwall Harbours Harbour Revision Order 2023 to insert a reference to this Order (article 5).

(5) Crown Rights (article 6) and Saving for Trinity House (article 7).

A full impact assessment has not been prepared for this instrument as no, or no significant, impact is predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum together with a copy of the harbour limits plans is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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