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Whereas the East Devon District Council as harbour authority has applied for a harbour revision order under section 14 of the Harbours Act 1964[1]; And whereas objections duly made to the application have been withdrawn; And whereas the Minister of Agriculture, Fisheries and Food is satisfied as mentioned in sub-section (2)(b) of the said section 14; Now, therefore, the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred by the said section 14, and of all other powers enabling him in that behalf, hereby makes the following Order:- Citation and commencement 1. - (1) This Order may be cited as the Axmouth Harbour Revision Order 1998 and shall come into force on 18th September 1998. (2) The Axmouth Harbour Act 1830[2] and this Order may be cited together as the Axmouth Harbour Act and Order 1830 and 1998. Interpretation 2. In this Order expressions to which meanings are assigned by the Harbours Act 1964 have the same respective meanings; and "the Authority" means East Devon District Council. Extension of seaward limit of jurisdiction 3. The Axmouth seaward area (within which the Authority has jurisdiction in accordance with the Axmouth Harbour Act 1830) is hereby extended to include the area described in the Schedule to this Order. Byelaws 4. - (1) The Authority may from time to time make such byelaws as it thinks fit for all or any of the following purposes:-
(b) for regulating the use of any works and facilities provided by the Authority; (c) for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour; (d) for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown or of a fire authority whilst in the exercise of their duties as such; (e) for regulating the placing, maintenance and use of moorings; (f) for preventing and removing obstructions or impediments within the harbour; (g) for regulating the launching of vessels within the harbour; (h) for regulating or preventing the use in the harbour or on board any vessel therein of fires, naked lights, flares or any flammable matter, equipment, tools or appliances which the Authority consider involve a risk of fire; (i) for prohibiting persons smoking in the harbour; (j) for prohibiting and regulating the use, movement, speed and parking of vehicles within the harbour; (k) for requiring the use of effectual silencers and for the control of noise generally on vessels in the harbour; (l) for regulating vessels in the harbour and their entry into and departure from it and, without prejudice to the generality of the foregoing, for prescribing rules for regulating speed, requiring safe navigation and regulating the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour; (m) for regulating the loading and unloading of cargoes within the harbour and the embarkation of persons into, or their disembarkation from, vessels within the harbour; (n) for prescribing the lights and signals to be exhibited or made-
(ii) by vessels used for marking obstructions within the harbour; and (iii) at the entrance at any wharf, pier or other work for assisting the navigation of vessels within the harbour;
(o) for preventing or regulating the discharge into the harbour of any material or substance;
(2) In this article "signals" includes sound signals.
(b) may otherwise make different provision for different circumstances.
(4) Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972[3] (which relate to the procedure for making, and evidence of byelaws) shall apply to any byelaws made by the Authority in relation to the harbour but, subject to paragraph (5) below, the Minister is specified as confirming authority and may confirm the byelaws with such modifications as he thinks fit.
(b) belonging to a government department, or held in trust for Her Majesty for the purpose of a government department, without the consent in writing of that 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.
The area which lies between two lines drawn parallel to, and at a distance of 80 metres from, either side of an imaginary line drawn along the western side of Axmouth Harbour Pier and extending for a distance of 180 metres from the end thereof to the extent that such area does not already fall within the limits of Axmouth Harbour. (This note is not part of the Order) This Order-
(b) enables the East Devon District Council to apply for byelaws regulating the use of the Axmouth Harbour for navigation by vessels and for other recreational pursuits.
Notes: [1] 1964 c. 40; section 14 and Schedules 2 and 3 were amended by the Docks and Harbours Act 1966 (c. 28) section 36, the Transport Act 1981 (c. 56), sections 15, 18 and 40, Schedule 5 paragraph 14, Schedule 6, paragraphs 2 to 4, 12 and 14 and Schedule 12, the Criminal Justice Act 1982 (c. 48) sections 37 and 46, and the Transport and Works Act 1992 (c. 42), sections 63 and 68, Schedule 3 paragraphs 1, 9 and 10 and Schedule 4; see section 14(7) for the definition of "the appropriate Minister".back
ISBN 0 11 079729 9
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