- Statutory Instrument 1998 No. 683
The Porthmadog Harbour Revision Order 1998
© Crown Copyright 1998
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| Made | 9th March 1998 | ||
| Coming into force | 1st April 1998 |
| 1. | Citation. |
| 2. | Interpretation. |
| 3. | Incorporation of enactments. |
| 4. | Repeals. |
| 5. | General powers of Council in respect of harbour. |
| 6. | Porthmadog Harbour Consultative Committee. |
| 7. | Harbourmaster's powers. |
| 8. | Power to dredge. |
| 9. | Council may provide dredgers, tugs, etc. |
| 10. | Power to provide boating facilities. |
| 11. | Powers as to moorings, etc. |
| 12. | Powers with respect to disposal of wrecks. |
| 13. | Power to deal with unserviceable vessels. |
| 14. | Power to remove goods. |
| 15. | Power to provide parking places. |
| 16. | Removal of vehicles, etc. |
| 17. | Provision against danger to navigation. |
| 18. | Abatement of works abandoned or decayed. |
| 19. | Survey of tidal works. |
| 20. | Permanent lights on tidal works. |
| 21. | Charges on certain floating articles. |
| 22. | Charges for services or facilities. |
| 23. | Payment of charges. |
| 24. | Deposit for charges. |
| 25. | Recovery of charges. |
| 26. | Payment of charges on warehoused goods. |
| 27. | Exemption of lifeboat crew from charges. |
| 28. | Officers exempt from charges. |
| 29. | General byelaws. |
| 30. | Byelaws as to lights, signals, etc. |
| 31. | Confirmation of byelaws and fines thereunder. |
| 32. | Crown rights. |
| 33. | Saving for the Trinity House. |
| 34. | For protection of Dwr Cymru Cyfyngedig. |
| 35. | For protection of Environment Agency. |
| SCHEDULE |
| EXPLANATORY NOTE | |||
Whereas Cyngor Dosbarth Dwyfor was immediately before 1st April 1996 the authority engaged in improving, maintaining and managing the harbour of Porthmadog[1] and, as such authority, had applied for a harbour revision order under section 14 of the Harbours Act 1964[2];
And whereas objections to the application made pursuant to paragraph 3(a) of Schedule 3 to the said Act[3] have been withdrawn;
And whereas the Secretary of State for the Environment, Transport and the Regions is satisfied as mentioned in subsection (2)(b) of the said section 14:
Now, therefore, the Secretary of State for the Environment, Transport and the Regions (being the appropriate Minister under subsection (7) of the said section 14[4]), in exercise of the powers conferred by that section and now vested in him[5], and of all other powers enabling him in that behalf, hereby makes the following Order: -
Citation
1. This Order may be cited as the Porthmadog Harbour Revision Order 1998 and shall come into force on 1st April 1998.
Interpretation
2. In this Order -
-
"the Act of 1847" means the Harbours, Docks and Piers Clauses Act 1847[6];
-
"charges" means the charges, rates, tolls or dues which the Council are for the time being authorised to demand, take and recover in relation to the undertaking;
-
"the Council" means Gwynedd Council;
-
"the deposited plan" means the plan signed in triplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions marked "Plan referred to in the Porthmadog Harbour Revision Order 1998," one copy of which has been deposited and is available for inspection at the harbour offices, Porthmadog, and the other two at the Department of the Environment, Transport and the Regions;
-
"the existing works" means the works comprised in the harbour as existing under the repealed enactments at the commencement of this Order;
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"the harbour" means the area the limits of which are delineated in red on the deposited plan and the harbour estate so far as it is not within that area;
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"the harbour estate" means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences, and the lands, buildings and property, which are for the time being vested in or occupied by the Council for the purposes of the harbour;
-
"the harbourmaster" means the person appointed by the Council to be the harbourmaster in relation to the harbour and includes the authorised deputies and assistants of the person so appointed and any person authorised by the Council to act as harbourmaster;
-
"hovercraft" has the same meaning as in the Hovercraft Act 1968[7];
-
"hydrofoil vessel" means a vessel, however propelled, designed to be supported on foils;
-
"the level of high water" means the level of mean high water springs;
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"passenger boat" means a vessel licensed by the Council for the carriage of not more than 12 passengers;
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"personal watercraft" means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either -
-
(a) by means of a handlebar-operated linkage system (with or without a rudder at the sterm);
(b) by the person or persons riding the craft using his or their body weight for the purpose; or
(c) by a combination of the methods referred to in (a) and (b) above;
-
"the repealed enactments" means the enactments specified in Part I of the Schedule to this Order;
-
"tidal work" means so much of any work vested in the Council and existing at the commencement of this Order as is on, under or over tidal lands below the level of high water;
-
"the Trinity House" means the Corporation of Trinity House of Deptford Strond;
-
"the undertaking" means the undertaking for the time being of the Council in connection with the harbour;
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"vessel" means every description of vessel, however propelled or moved, and includes any thing constructed or used to carry persons or goods by water, a seaplane on or in the water, a hovercraft and a hydrofoil vessel.
Incorporation of enactments
3.
- (1) The Act of 1847 (except sections 6 to 22, 24 to 27, 42, 43, 48 to 50, 79, 80, 84 to 90, and 95 to 102) is, so far as applicable to the purposes of and not inconsistent with the provisions of this Order, hereby incorporated with this Order.
(2) The Act of 1847 as so incorporated shall have effect subject to the following modifications -
-
(a) the expression "the special Act" means this Order, the expression "the undertakers" means the Council and the expression "the harbour, dock or pier" means the harbour;
(b) sections 52 and 53 shall have effect in accordance with the provisions of Article 7 of this Order;
(c) at the end of section 69 there shall be added the words "Provided that such sum shall not exceed one hundred pounds in total".
Repeals
4.
- (1) The enactments specified in Part I of the Schedule to this Order are hereby repealed.
(2) Notwithstanding the repeal of enactments by this Order -
-
(a) the Council may continue and maintain the existing works;
(b) the transitional provisions and savings in Part II of the Schedule to this Order shall have effect.
General powers of Council in respect of harbour
5. - (1) The Council may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary or desirable for the improvement, maintenance and management of the harbour and the facilities afforded therein or in connection therewith.
(2) For those purposes, and without prejudice to the generality of the foregoing, the Council may -
-
(a) improve, maintain, regulate and manage the harbour and, subject to the provisions of this Order, provide port facilities therein;
(b) alter, remove and reconstruct structures and works in the harbour; and
(c) do all other things which in their opinion are expedient to facilitate the efficient and proper carrying on of the undertaking or development of the harbour.
Porthmadog Harbour Consultative Committee
6.
- (1) There shall be constituted a body to be known as the Porthmadog Harbour Consultative Committee, (in this article referred to as "the Committee"), which shall not be a committee of the Council.
(2) Subject to the provisions of paragraphs (3) and (5) of this article, the Committee shall consist of fifteen members of whom -
-
(a) one shall be the chairman and one shall be the vice-chairman of the Culture and Leisure Committee of the Council or other such committee of the Council as may from time to time be appointed by the Council to administer the harbour;
(b) four shall be the members of the Council elected to represent wards or electoral divisions in the community of Porthmadog:
Provided that, if any such member of the Council is a member of the Committee by reason of being the chairman or vice-chairman of a committee referred to in sub-paragraph (a) above, the Council shall appoint another member of the Council to the Committee;
(c) two shall be appointed by the Council from among the other members of the Council, of whom one shall be a member elected to represent an electoral division in the area of the district of Meirionydd as it existed before 1st April 1996;
(d) one shall be appointed by the Porthmadog Town Council from among the members of that Council;
(e) one shall be appointed by the Porthmadog Harbour Users' Association;
(f) one, to represent commercial interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
(g) one, to represent industrial interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
(h) one, to represent leisure interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate;
(i) one, to represent fishing interests in the harbour, shall be appointed by the Council after consultation with such persons (if any) appearing to the Council to be representative of the said interests as the Council consider appropriate; and
(j) one, to represent the interests of the several owners of the freehold and leasehold interests of lands within the harbour (other than the Council), shall be appointed by the Council after consultation with those owners.
(3) If it appears to the Council in the case of the appointment referred to in sub-paragraph (e) of paragraph (2) above that the body by whom the appointment is to be made has refused or failed to appoint a member within two months after being requested by the Council to do so, or if the said body has ceased to have an identifiable existence, the appointment in question shall be made by the Council to be representative of the interests represented or formerly represented by the said body as the Council consider appropriate.
(4) The Council may from time to time co-opt additional members to the Committee (but so that such additional members shall not at any time exceed three in number) who in their opinion have special knowledge or experience that would be of value to the Committee, and such members will be eligible to serve during the period specified by the Council at the time of their co-option.
(5) It shall be the function of the Committee to consider and advise the Council upon such matters relating to the management, control and development of the harbour as may from time to time be referred to them by the Council for consideration.
(6) It shall be the duty of the Council, in so far as it is reasonably practicable to do so, to consult the Committee on all matters which, in the opinion of the Council, substantially affect the management, control and development of the harbour; and the Council shall take into consideration any advice relating thereto that may be given by the Committee, but the Council shall not be bound to act in accordance with such advice.
(7) The first meeting of the Committee shall be held as soon as reasonably practicable after the coming into operation of this Order and on such day and at such time and place as may be appointed by the Council, who shall make arrangements for notice of the meeting to be sent by post to each member of the Committee not less than 14 days before the day so appointed.
(8) The Committee shall annually elect a Chairman and Vice-Chairman from among those of their number who are members of the Council.
(9) The Committee shall meet at least twice a year, and all meetings shall be convened by the Council.
(10) The Council shall determine the Committee's quorum and procedure.
(11) The Council shall arrange and ensure that minutes are kept of the proceedings of every meeting of the Committee.
(12) The Council shall upon request make available to the Committee such documents and information pertaining to their duties and powers in relation to the harbour as the Committee may, in the opinion of the Council, reasonably require for the proper discharge of their functions.
(13) The Council shall provide the Committee with such services and accommodation as appear to the Council to be appropriate.
Harbourmaster's powers
7.
- (1) In addition to the powers conferred on him by section 52 of the Act of 1847 as incorporated with this Order the harbourmaster may -
-
(a) give directions prohibiting the mooring of vessels in any particular part or parts of the harbour; and
(b) notwithstanding the provisions of section 33 of the said Act, impose terms and conditions upon which a passenger boat, hovercraft or hydrofoil vessel may enter the harbour.
(2) The said section 52 as incorporated with this Order shall not be construed so as to require the harbourmaster in an emergency to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section; but in pursuance of that section for all or any of the purposes thereof, the harbourmaster may in an emergency give general directions applicable to all vessels or to particular classes of vessels.
(3) Section 53 of the Act of 1847 as incorporated with this Order shall not be construed so as to require the harbourmaster to serve a notice in writing of his direction upon the master of a vessel, and such directions may be given orally or otherwise communicated to the master on any occasion when it is not reasonably practicable for a written notice to be served on the master.
Notes:
[1] The functions of Cyngor Dosbarth Dwyfor (as harbour authority for the harbour of Porthmadog) were on 1st April 1996 transferred to the Caernarfonshire and Merionethshire County Council by the Local Government (Wales) Act 1994 (c.19). On 2nd April 1996 the name of the council was, with the consent of the Secretary of State for Wales, changed to Gwynedd Council under section 74 of the Local Government Act 1972 (c.70) as amended by the Local Government (Wales) Act 1994, Schedule 15, paragraph 20(6).back
[2] 1964 c.40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1.back
[3] 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
[4] For the definition of "the Minister" (mentioned in section 14(7)), see section 57(1).back
[5] S.I. 1981/238 and S.I. 1997/2971.back
