Statutory Instrument 1997 No. 1472

The Lerwick Harbour Revision Order 1997

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Lerwick Harbour Revision Order 1997 , ISBN 0 11 063756 9. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

    (2) All distances and lengths stated in any plan or description of the works, powers or lands shall be construed as if the words "or thereby" were inserted after each such distance and length.

Power to construct works
     3.  - (1) Subject to the provisions of this Order, the Trustees may in the Shetland Islands Area in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections, construct and maintain the works hereinafter described together with all necessary and proper works and conveniences connected therewith or incidental thereto, that is to say: - 

Work No. 1 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at Point A on the plan of Work No. 1 at the corner of the south and east faces of the existing sea wall proceeding in an easterly direction a distance of six metres to point B on the plan, thence proceeding in a northerly direction a distance of three hundred and eighty one metres to point C on the plan, thence proceeding in a northeasterly direction a distance of two hundred and seventeen metres to point D on the plan, thence proceeding in a northwesterly direction six metres terminating at point E on the plan at the corner of the southeast and northeast faces of the existing sea wall.

Work No. 2 An embankment formed of stone rubble and commencing at a point at the southeast corner of Work No. 1 (point B on the plan of Works Nos 1, 2 and 3), thence proceeding in a southerly direction for a distance of one hundred and fifty metres terminating at Point F on the plan where it meets the level of high water.

Work No. 3 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at a point on the southeast corner of Work No. 1 (point B on the plan of Works Nos. 1, 2 and 3), thence proceeding in a southerly direction a distance of one hundred and fifty metres and terminating at a point where it meets with the level of high water (Point F on the plan of Works Nos. 1, 2 and 3).

Work No. 4 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at a point on the existing quay eighty metres northwesterly in a straight line from the east corner of Gremista Pier (Point A on the plan of Work No. 4), proceeding in a northeasterly direction for a distance of eighteen metres to a point B on the plan, thence proceeding in a northwesterly direction for a distance of seventy metres to point C on the plan, thence in a northeasterly direction for a distance of eighteen metres to point D on the plan on an existing stone revetment.

    (2) The Trustees may within the limits of deviation reconstruct, renew, enlarge and alter temporarily or permanently the works.

Power to reclaim Lands
     4.  - (1) The Trustees may - 

(a) by means of Works Nos. 1 and 4 authorised by this Order reclaim so much of the bed of the sea lying between the said Works Nos. 1 and 4 and the existing sea walls shown on the deposited plans as areas of land to be reclaimed;

(b) by Work No. 2 reclaim so much of the foreshore and bed of the sea lying to the west of and enclosed by Work No. 2 and shown on the deposited plans as the area of land to be reclaimed; and

(c) reclaim such of the foreshore and bed of the sea as may remain unreclaimed lying between Work No. 2 and Work No. 3.

    (2) In connection with the provisions of the foregoing paragraph the Trustees may carry out works including granular infilling for the purpose of levelling up and surfacing the lands reclaimed under the provisions of this section and may demolish or incorporate and surface over all existing quays within the area to be reclaimed.

Incorporation of provisions of the Order of 1971
     5.  - (1) Subject to paragraph (2) below the following provisions of the Lerwick Harbour Order 1971[6] are incorporated with and form part of this Order: - 

Section 4 (Subsidiary works);

Section 6 (Fine for obstructing works);

Section 7 (Tidal works not to be executed without approval of Secretary of State);

Section 8 (Survey of tidal works);

Section 9 (Provision against danger to navigation);

Section 10 (Abatement of works abandoned or destroyed);

Section 11 (Lights on tidal works during construction);

Section 12 (Permanent lights on tidal works).

    (2) For the purposes of this Order the said Order of 1971 shall have effect subject to the modification that - 

(a) in subsection (1) of section 6, after the words "five pounds" there are substituted the words "Level 3 on the standard scale";

(b) in subsections (1) and (2) of sections -  - 


(i) after the word "constructed" there is inserted the word "reconstructed"; and

(ii) the word "enlarged" is omitted;



(c) in subsection (1) of section 11 - 



(i) after the word "construction" there is added the word "reconstruction"; and

(ii) the word "enlargement" is omitted;



(d) in subsection (2) of section 9, subsection (2) of section 11 and subsection (2) of section 12, for the words "one hundred pounds" there are substituted the words "the statutory maximum and on conviction on indictment to a fine".

Power to deviate
     6.  - Subject to the provisions of this Order, in the construction of the works the Trustees may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the level of the works shown on the deposited sections to any extent not exceeding 2 metres upward or downward.

Crown Rights
     7.  - (1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Trustees or any licensee of the Trustees to take, use, enter upon or in any manner interfere with any land or interest in land, or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) - 

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

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



Signed by authority of the Secretary of State for Transport


S K Reeves
Head of Ports Division Department of Transport

4th June 1997

[2] Paragraph A2 was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946), regulation 2. Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and 12 and by the Transport and Works Act 1992, Schedule 3, paragraph 10. back

[3] OJ No. L175, 5.7.85, p.40. back

[4] For the definition of "the Minister" (mentioned in section 14(7)), see section 57(1). back

[5] S.I. 1981/238. back

[6] Confirmed by 1971 c.xxxix. back