The National Trust for Scotland (Canna) Harbour Revision Order 1999
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It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The National Trust for Scotland (Canna) Harbour Revision Order 1999, ISBN 0 11 059234 4, £3.00 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. HARBOURS, DOCKS, PIERS AND FERRIES The National Trust for Scotland (Canna) Harbour Revision Order 1999
ARRANGEMENT OF ARTICLES
PART 1 PRELIMINARY
PART II WORKS
PART III HARBOUR REGULATION
PART IV CHARGES
PART V MISCELLANEOUS
Whereas the National Trust for Scotland have applied in writing for a harbour revision order under section 14 of the Harbours Act 1964[1]; And whereas it appears to the Scottish Ministers[2] in pursuance of paragraph A2 of Schedule 3 to the said Act[3], that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC[4] on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment; And whereas the Scottish Ministers have directed the applicant to supply them with the information referred to in Annex III to the Directive in accordance with that paragraph; And whereas the Scottish Ministers have complied with the requirements of paragraph 3A of Schedule 3 to the said Act[5]; Now, therefore, the Scottish Ministers, in
exercise of the powers conferred on them by section 14 of the said Act[6]
and of all other powers enabling them in that behalf and being satisfied
that the making of this order is desirable in the interests of securing
the improvement, maintenance or management of the harbour in an efficient
and economical manner, hereby make the following Order:
PART I PRELIMINARY Citation and commencement
Interpretation
(3) Any reference in this Order 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.
PART II WORKS Power to carry out works
Work No 2: Dredging of an area of seabed
35 metres wide commencing from the termination of Work No 1 and extending
26 metres in a south easterly direction to terminate at a point NG 127804
805052.
Power to deviate
Subsidiary works
(2) The works shall be deemed for all purposes to be within the island of Canna, Highland. Obstructing works
Works to be deemed part of harbour undertaking
Tidal works not to be executed without approval of the Scottish Ministers
(2) If a tidal work is demolished, constructed,
renewed, reconstructed or altered in contravention of this article or of
any condition or restriction imposed under this article-
(b) if it appears to the Scottish Ministers urgently necessary to
do so, they may themselves remove the tidal work or part of it and restore
the site to its former condition,
Survey of tidal works
Provision against danger to navigation
(2) If the Trust fails to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. Abatement of works abandoned or decayed
(2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Scottish Ministers may include that part of the work or any portion thereof, in any notice under this article. (3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Trust they have failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing shall be recoverable from the Trust as a debt. Lights on tidal works during construction
(2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. Permanent lights on works
(2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. Period for completion of works
PART III HARBOUR REGULATION Harbour jurisdiction
(2) The harbour limits shall comprise the harbour premises, together with all waters below the level of high water forming the Sound of Canna commencing on the western boundary from the north end of the footbridge linking Canna with Sanday at a point NG 126670 804971, thence in a south easterly direction for a distance of 33 metres to a point NG 126692 804947, and on the eastern boundary from the east shore of Rubha Carr Innis at a point NG 127973 805061, thence in a southerly direction for a distance of 473 metres to a point NG 127976 804588, on the level of high water. (3) In the event of any discrepancy between the harbour limits as described in paragraph (2) above and the limits shown on the harbour limits plan, the limits as described in the said paragraph (2) shall be deemed to be correct and shall prevail. (4) For and incidental to their functions under this Order, the Trust may employ and appoint a harbourmaster. Moorings
(2) The Trust may from time to time grant a licence to any person to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour. (3) Any person who, without reasonable excuse, shall place, lay down, maintain, renew or use a mooring, buoy or similar apparatus for vessels within the harbour except under and in accordance with the terms and conditions of a licence granted under this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) Any licence granted under paragraph (2) above shall be valid only for a period of three years commencing with the date on which it takes effect. (5) The Trust may charge a reasonable fee for the grant of a licence under this article. Power to dredge
(2) Subject to the provisions of Article 31 (Crown Rights) below, any materials (other than any wreck within the meaning of Part IX of the Merchant Shipping Act 1995[10] taken up or collected in the course of such operations shall be the property of the Trust and may be used, sold, removed deposited or otherwise disposed of as the Trust may think fit. (3) Subject to the provisions of this Order no materials so dredged shall be deposited below the level of mean high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Scottish Ministers. General byelaws
(2) Without prejudice to the generality of paragraph
(1) above, byelaws made under this article may provide for-
(b) 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; (c) regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods, including marine creatures of any type, within the harbour; (d) regulating the navigation, berthing and mooring of vessels within the harbour area and their speed and the use of tugs within the harbour; (e) preventing damage or injury to any vessels, goods, vehicle, plant machinery, property or persons within the harbour; (f) regulating the conduct of all persons within the harbour not being members of a police force or officers or servants of the Crown or officers of the Scottish Ministers including the holder of any office in the Scottish Administration or any member of staff of the Scottish Administration as defined in the Scotland Act 1998[11] whilst in the execution of their duties; (g) regulating the placing and maintenance of moorings within the harbour; (h) preventing and removing obstructions or impediments within the harbour; (i) prohibiting or regulating the discharge or deposit of ballast, ashes, refuse, rubbish or other material (including any polluting liquid) in or into the harbour; (j) regulating the use of ferries within the harbour; (k) regulating in the harbour the use of yachts, sailing boats, sailboards, rowing boats, rowing punts, pleasure craft and other small craft; (l) regulating the holding of regattas and other public events in the harbour; (m) regulating or prohibiting the activities in the harbour area of divers, surfers, water skiers, jet 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 paragraph (k) above; (n) regulating the launching of vessels within the harbour area; (o) prohibiting persons working or employed in or entering the harbour, or any part thereof, from smoking therein; (p) regulating the use of fires and lights within the harbour, and within any vessel within the harbour; (q) regulating the movement, speed and parking of vehicles within the harbour; (r) regulating the exercise of the powers vested in the harbourmaster; (s) 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 harbourmaster, and for authorising
him to take such action as may be reasonably required in default of compliance
with any such condition, control or direction.
(b) relate to the whole of the harbour or to any part thereof; (c) make different provisions for different parts of the harbour
or in relation to different classes of vessels.
Confirmation of byelaws
(2) Where the Scottish Ministers propose to exercise the power of modification conferred on them by subsection (10) of section 202 of the said Act of 1973 and it appears to them that any modification which they propose to make is substantial, they shall inform the Trust and require them to take any steps they consider necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as they think reasonable for consideration of, and comment upon, the proposed modification by the Trust and by other persons who have been informed of it. Power to detain vessels, etc., in certain circumstances
Power to give directions
(b) for regulating the loading, discharging, storing and safeguarding of a vessel's cargo, fuel, water or stores and the embarking or disembarking of passengers or its taking in or delivering ballast at harbour premises; (c) for regulating the manner in which any vessel entering a harbour area shall be dismantled, as well for the safety of that vessel as for preventing the injury to other vessels and to harbour premises, and the moorings therein; (d) for removing unserviceable vessels and other obstructions from the harbour and keeping the same clear; (e) for regulating the quantity of ballast or dead weight in the hold which each vessel in or at harbour premises shall have during the delivery of its cargo or after having discharged the same; (f) for regulating the use of the motive power of a vessel whilst within a harbour area; (g) for prohibiting or restricting the use of fires or lights at harbour premises; (h) for requiring the removal from the harbour or any part of it
of a vessel if-
(ii) it is in such condition as to be liable to become immobilised or waterlogged, or to sink; or (iii) its removal is necessary to enable maintenance or repair work to be carried out to harbour premises or to premises adjacent thereto; (iv) its removal is considered by the harbourmaster to be necessary to avoid danger to life (including wildlife) or to property; or (v) its removal is considered by the harbourmaster to be necessary
to avoid danger to flora or fauna or to the geological or physiographical
features of the harbour.
(3) Any special directions given under this article may be given by the harbourmaster orally or otherwise communicated to the master of the vessel on any occasion when it is not reasonably practicable for a written notice to be served on the master; and any general directions shall be communicated in the manner which is appropriate to the emergency. Failure to comply with directions
(2) Without prejudice to any other defence it shall be a defence to a charge made pursuant to paragraph (1) above that the master had reasonable ground for believing that to comply with the direction in question would have endangered life or imperilled the safety of any vessel or its cargo, or that for any other reason such compliance was impractical. Enforcement of directions
(2) If there is no master on board a vessel to
attend to a direction, the harbourmaster may proceed as if the direction
had been given and not complied with:
(b) in relation to a lighter unless it is obstructing or interfering
with navigation.
PART IV CHARGES Liability for charges
(b) goods, shall be payable by the owner, consignee or shipper thereof.
Exemptions, rebates, etc., in respect of charges
(2) Nothing in section 30 of the Harbours Act 1964 shall require the Trust to include, in the list of ship, passenger and goods dues kept at the harbour office as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in that list. Security for charges
Liens for charges
(2) A wharfinger or carrier who is not himself liable for the payment of charges may pay or by agreement with the Trust give security for charges on goods in his custody, and in that event he shall have a like lien on the goods for the amount of those charges as he would have in respect of his charges for safe custody or carriage of the goods, as the case may be. Refusal to pay charges for landing places
Exemptions from charges
(ii) in the service of the Commissioners of Customs and Excise and not carrying goods for reward; or (iii) in the service of the Commissioners of Northern Lighthouses and not carrying goods for reward; or (iv) belonging to or used by the lifeboat service whilst employed
in or in connection with the functions of that service;
(c) goods or stores belonging to the Secretary of State for Defence.
(3) This Order shall not extend to subject any
person to liability for charges in respect of a vessel which-
(b) is forced by stress of weather to make use of a harbour area
but without breaking bulk.
30. - (1) Charges shall be payable subject to such terms and conditions as the Trust may from time to time specify in their published list of charges. (2) Without prejudice to the generality of paragraph
(1) above the terms and conditions may prescribe the time when a charge
falls due for payment and may require such information to be given to the
Trust by the owner or master of a vessel or a person using a service or
facility of the Trust as the Trust may require in connection with the assessment
or collection of a charge.
PART V MISCELLANEOUS Crown rights
(b) belonging to a government department or held in trust for Her
Majesty for the purposes of a government department, without the consent
in writing of that government department.
Repeal and revocation
SARAH BOYACK
St Andrew's House Edinburgh
(This note is not part of the Order)
This Order empowers the National Trust for Scotland to construct and maintain a slipway and other harbour facilities at Canna. The Order also confers further powers on the National Trust for Scotland to maintain and operate their undertaking at the harbour as a statutory harbour undertaking and defines the limits of jurisdiction of the Trust. The Order repeals Schedule 1 to the Pier and Harbour Orders Confirmation (No. 2) Act 1892 and revokes the Canna Pier Order 1892.
Notes: [1] 1964 c.40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14 and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraphs 1 and 10.back [2] The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [3] Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraph 4(2) to (7) and (12) and by the Transport and Works Act 1992, Schedule 3, paragraph 10. Paragraph A2 was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946).back [4] O.J. No. L175, 5.7.85, p.40.back [5] Paragraph 3A was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946).back [6] Section 14(7) contains a definition of "the appropriate Minister" relevant to the exercise of the powers under which this Order is made.back [7] 1998 c.46.back [8] 1935 c.ii.back [9] 1968 c.59.back [10] 1995 c.21.back [11] 1998 c.46.back [12] Confirmed by the Pier and Harbour Orders Confirmation (No.2) Act 1892 (1892 c.lxvii).back [13] 1973 c.65.back [14] 1892 c.lxviiback
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