The Weymouth Harbour Revision Order 2021

PART 2JURISDICTION, HARBOUR LIMITS AND GENERAL FUNCTIONS

Jurisdiction

4.—(1) The Council shall exercise jurisdiction as a harbour authority within the meaning of section 57 (interpretation) of the Act of 1964, and the powers of the harbour master shall be exercisable within the harbour.

(2) For and incidental to the performance of its functions under this Order, the Council may employ and appoint harbour masters.

(3) The Council shall, within the harbour, be a local lighthouse authority within the meaning of sections 193 (general and local lighthouse authorities) and 201 (powers of harbour authorities) of the Merchant Shipping Act 1995(1).

General functions

5.—(1) The Council may, subject to the provisions of this Order, take all such steps from time to time as it considers necessary or desirable for the maintenance, operation, management and improvement of the harbour and the harbour facilities afforded therein or in connection therewith, and for the conservation of the harbour’s flora, fauna and geological and physiographical features of special interest.

(2) For those purposes and without prejudice to paragraph (1) the Council may—

(a)improve, maintain, regulate, manage, mark and light the harbour and provide harbour facilities therein;

(b)subject to obtaining the necessary rights in or over land—

(i)execute and place in and over the harbour such structures, works and equipment as are required; and

(ii)operate, maintain, renew, alter, extend, demolish and reconstruct structures, harbour facilities, works and equipment in the harbour (including those executed or placed pursuant to sub-paragraph (i) above); and

(c)do all other things which in its opinion are expedient to facilitate the operation, improvement or development of the harbour undertaking.

(3) The Council shall, from time to time, formulate, publish(2) and review a business plan (“Harbour Business Plan”) in relation to its maintenance, conservation, operation, management and improvement of the harbour undertaking, which it shall have regard to when performing its functions.

(4) In the exercise of the powers of sub-paragraph (2)(b) above, the Council must not—

(a)interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b)do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus, without the consent of the statutory undertaker concerned.

(5) This article is without prejudice to the powers of the Council under or by virtue of any other enactment.

Harbour Limits

6.—(1) The limits of the harbour within which the Council shall exercise jurisdiction as a harbour authority and the powers of the harbour master may be exercised shall comprise—

(a)the area below the level of high water included within a line drawn from a point on the shoreline at Nothe Fort (position 50̊ 36.42’N, 02̊ 26.6’W) in a 090.0 degrees (true) direction to the north-east corner of the dockyard port of Portland (position 50̊ 36.42’N, 02̊ 23.88’W) and thence in a 343.5 degrees (true) direction for 1.675 nautical miles to the shoreline (position 50̊ 38.01’N, 02̊ 24.60’W)’; and then following the level of high water around the coast of Weymouth Bay and up the River Wey as far as Westham Embankment (position 50̊ 36.71’N, 02̊ 27.39’W) (beneath Westham Bridge) (but not including Westham Bridge) and then in a straight line across Westham Embankment to the opposite bank of the River Wey (position 50̊ 36.71’N, 02̊ 27.49’W) and then following the level of high water down the River Wey and around the coast to a point on the shoreline at Nothe Fort (position 50̊ 36.42’N, 02̊ 26.6’W); such area shown shaded blue on the harbour limits plan; and

(b)the extent of those parts of the harbour premises not within sub-paragraph (a).

(2) In the event of any discrepancy between the descriptions of the boundaries of the harbour referred to in this article and the boundaries shown on the harbour limits plan or the harbour premises plan the descriptions in question shall prevail over said plans.

(3) In the event of the harbour premises being amended from those set out on the harbour premises plan annexed to this order, the Council shall prepare an updated plan for illustrative purposes only, to be made available at the harbour office of the Council(3) and on the harbour website(4) within the period of 30 days beginning with the day on which the changes are made.