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The Watchet Harbour Revision Order 2000

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PART IPRELIMINARY

Citation and commencement

1.  This Order may be cited as the Watchet Harbour Revision Order 2000, and shall come into force on 18th July 2000.

Interpretation

2.—(1) In this Order:—

“the Act of 1847” means the Harbours, Docks and Piers Clauses Act 1847(1);

“authorised works” means the works authorised by this Order, or any part of such works;

“the Council” means the West Somerset District Council;

“the deposited plans” and “the deposited sections” mean respectively the plans and sections (numbered Sheets 1 to 7) prepared in duplicate, signed by the Head of Ports Division of the Department of the Environment, Transport and the Regions and marked “Plans and sections Watchet Harbour Revision Order 2000” one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the principal office of the Council at Council Offices, Williton, Taunton, Somerset, TA4 4QA;

“the Environmental Statement” means the document entitled “West Somerset District Council: Watchet Harbour Revision Order Environmental Statement ” dated April 1999 which was supplied to the Secretary of State in pursuance of paragraph A2 of Schedule 3 to the Harbours Act 1964 and made available for inspection in accordance with paragraph 3 of that Schedule;

“the existing enactments” means the Watchet Harbour Act 1860(2) (as applied to the Council by the Watchet Harbour Order 1902(3)), the said Order of 1902, the Watchet Urban District Council Act 1934(4) and the Watchet Harbour Revision Order 1970(5);

“the harbour” means the harbour of Watchet in the county of Somerset and all places within the harbour limits laid down in the Watchet Harbour Act 1860;

“the harbour master” means the harbour master of the Council and includes his authorised deputies and assistants and any person authorised by the Council to act in that capacity;

“the harbour undertaking” means the harbour undertaking transferred to the Council by the Watchet Harbour Order 1902 as extended by that Order, the Watchet Urban District Council Act 1934 and the Watchet Harbour Revision Order 1970;

“the level of high water” means the level of mean high-water springs;

“the limits of deviation” means the limits of deviation shown on the deposited plan;

“marina” means a facility for yachts and other vessels used wholly or mainly for recreational purposes;

“the marina basin” means the area bounded by works Nos. 1A, 1B and 2, the East Quay, the Eastern Pier and the Esplanade to be used as a marina;

“statutory undertaker” means—

(a)

any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990(6);

(b)

any other person who has a duty or power under the Land Drainage Act 1991(7);

(c)

a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949(8); and

(d)

any operator of a telecommunications code system.

“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, and anything constructed or used to carry persons or goods by water.

(2) This Order is to be read as if the words “or thereabouts” were inserted after each measurement mentioned in article 3 (Power to construct, etc., works) of this Order.

(3) In this Order—

(a)any reference to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order; and

(b)map reference points specified in this Order are Ordnance Survey National Grid reference points.

(2)

23 & 24 Vict. c.cli.

(3)

See 2 Edw.7.c. cxcv.

(4)

24 & 25 Geo.5.c. xxxii.

(8)

1949 c. 74: Section 1 was amended by the Local Government Act 1972 (c. 20), Schedule 30.

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