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The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008

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Articles 2 and 4

SCHEDULE 1THE HARBOUR

An area of the sea enclosed on its seaward sides by imaginary straight lines–

(a)from a point at the southeast, seaward corner of the breakwater inshore from Dumbie Point (latitude 54°47'08"north, longitude 04°21'35"west) to a point at latitude 54°47'08" north, longitude 04°20'40"west;

(b)from a point at latitude 54°47'08"north, longitude 04°20'40"west to a point at the south-eastern part of the promontory of Eggerness and Shore Wood at the high water level inshore from Eggerness Point (latitude 54°47'29"north, longitude 04°20'40"west);

and on its landward sides by the level of the high water within the area so enclosed.

Article 28(2)

SCHEDULE 2PURPOSES FOR WHICH BYELAWS MAY BE MADE

(1) Regulating the use, operation and superintendence of the harbour and the docks, berths, wharves, quays, piers, jetties, staiths, warehouses, sheds, landing places, locks, sluices, equipment, works and conveniences (including moorings).

(2) Regulating the admission to, and the movement within, and the departure of vessels from the harbour or the removal of vessels, and for the good order and government of vessels whilst within the harbour.

(3) Regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods, including marine creatures of any type, within the harbour.

(4) Regulating the navigation, berthing and mooring of vessels within the harbour and their speed and manner of navigation, and the use of tugs within the harbour.

(5) Preventing damage or injury to any vessels, goods, vehicles, plant, machinery, property or persons within the harbour;

(6) Regulating the conduct of all persons in the harbour not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties.

(7) Regulating the placing and maintenance of moorings within the harbour.

(8) Preventing and removing obstructions or impediments within the harbour.

(9) Prohibiting or regulating the discharge or deposit of ballast, ashes, refuse, rubbish or other material (including any polluting liquid) into the harbour.

(10) Regulating the use of ferries within the harbour.

(11) Regulating or prohibiting the digging for bait in the harbour where such digging may endanger any structure or cause obstruction or danger to navigation.

(12) Regulating or prohibiting the placing or keeping of structures or apparatus provided in connection with fish farming or the cultivation of shell fish or marine creatures of any kind.

(13) Regulating in the harbour the use of yachts, sailing boats, sailboards, rowing boats, pleasure craft and other small craft.

(14) Regulating or prohibiting the use of personal water craft in the harbour.

(15) Requiring the owners of vessels and personal water craft used or maintained in the harbour to have in force an insurance policy in the terms specified in the byelaw in respect of any liability for the death or of or bodily injury to any person, or any damage to property.

(16) Regulating the holding of regattas and other public events in the harbour.

(17) Regulating or prohibiting the activities in the harbour of divers, surfers, water skiers and other persons engaged in similar recreational pursuits but not so as to prohibit the use for navigation of the vessels referred to in sub-paragraph (13) above.

(18) Regulating the launching of vessels within the harbour.

(19) Prohibiting persons working or employed in or entering the harbour, or any part thereof, from smoking therein.

(20) Regulating or preventing the use of fires and lights within the harbour, and within any vessels within the harbour.

(21) Regulating the movement, speed and parking of vehicles within the harbour.

(22) Regulating the exercise of the powers vested in the harbour master.

(23) Making the carrying out of specified harbour operations, or the conduct of persons in the harbour, subject to the approval (with or without conditions), control or direction of the harbour master, and for authorising him to take such action as may be reasonably required in default of compliance with any such condition, control or direction.

(24) For the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features.

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