The Weymouth Harbour Revision Order 2021

• (c) at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the harbour;

13

prohibiting or regulating the discharge into the harbour of any material or substance;

14

regulating or prohibiting fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, breakwater or other installation or structure of any kind within the harbour, from any vessel within the harbour or from the foreshore where such fishing interferes with the operation of the port or the safety of navigation in the harbour;

15

regulating or prohibiting bathing within the harbour;

16

regulating or prohibiting the use by vehicles of the foreshore within the harbour premises;

17

regulating the berthing, mooring and anchoring of vessels in any part of the harbour and regulating the careening and beaching of vessels within the harbour;

18

regulating the use within the harbour of yachts, sailing boats, rowing boats, pleasure craft, windsurfers, kitesurfers, jet bikes, jet kayaks, flyboards, other personal watercraft and other small craft;

19

regulating or prohibiting the activities within the harbour of divers, surfers, underwater swimmers, water-skiers and other persons engaged in similar recreational pursuits (including those engaged on a commercial basis);

20

regulating the conveyance to and the laying down at or on the harbour premises of all goods intended for shipment;

21

regulating the control of animals within the harbour;

22

preventing the disposal of any waste matter except at places or in a manner prescribed by the Council;

23

regulating the conveyance, landing, laying down, discharge and removal of goods, gear, equipment, timber, logs, floats, or rafts of timber and other items within the harbour or the harbour premises;

24

regulating the exercise of the powers vested in the harbour master; and

25

for the purposes specified in section 83 of the Act of 1847 (Byelaws may be made for all or any of the purposes herein named).

SCHEDULE 2 — REVOCATION/REPEAL

SCHEDULE 3 — ACTS AND ORDERS

• The Weymouth Harbour and Melcombe Regis Markets and Piers Act 1854

• The Weymouth and Melcombe Regis Markets and Pier (Amendment) Act 1859

• Weymouth and Melcombe Regis Bridge Act 1879

• Weymouth and Melcombe Regis Corporation Act 1887

• Weymouth and Melcombe Regis Corporation Act 1914

• Weymouth and Melcombe Regis Harbour Order 1925

• Weymouth and Melcombe Regis Harbour Order 1930

• Weymouth and Portland Harbour Revision Order 1996

Signed

Signed by authority of the Marine Management Organisation

Tom McCormack — Chief Executive Officer — An employee of the Marine Management Organisation — 14th January 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, made on the application of Weymouth and Portland Borough Council (now Dorset Council) modernises and consolidates the statutory harbour powers applying in relation to Weymouth Harbour and provides for:

• (1) The Jurisdiction (article 4) and General functions (article 5) of the Council as the statutory harbour authority for Weymouth Harbour and clarity on the limits of the harbour (article 6) including plans of the harbour limits and the harbour premises which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH and the principal office of the Dorset Council County Hall, Colliton Park, Dorchester, Dorset, DT1 1XJ.

• (2) Powers to vest in the Council relating to finances including application (article 7), reserve fund (article 8) and borrowing powers (article 9).

• (3) A modern suite of charging powers (article 10 – 19) including exemptions from harbour dues (article 17) and prevention of sailing of vessels (article 19).

• (4) Powers of general and special direction on the Council and the harbour master (defined in article 2) for the regulation and management of the harbour (articles 20 to 27). A register of all in force general directions which may be inspected during working hours at the harbour office of the Council (article 23). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 25). A defence of due diligence is available to a person charged under article 25 (article 25(2)).

• (5) The establishment of an advisory body consisting of harbour stakeholders with which the Council are required to consult on material matters (article 28).

• (6) Powers relating to development of land (article 29), power to grant tenancies and dispose of land (article 30), power to appropriate lands and works for particular uses, etc. (article 31), other commercial activities (article 32), power to delegate functions (article 33).

• (7) Powers relating to moorings (article 34), bunkering (article 35), aids to navigation (article 36), power to dredge (article 37), repairing of landing places (article 38).

• (8) Powers relating to disposal of wrecks (article 39), unserviceable vessels (article 40), removal of obstructions other than vessels (article 41) and notices (article 43).

• (9) Savings for Trinity House (article 42), the Crown (article 44) and existing byelaws etc. (article 45).

• (10) To facilitate that above, the Order repeals and revokes the Acts and Orders set out in Schedule 2 to the Order and amends the Acts of 1854, 1879, 1887, 1914 and Orders of 1930 and 1988 as set out in article 46.

An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.

Footnotes

[^f00001]: 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 1(1) and 14 and section 40 and Schedule 12 (Part II), by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1, by S.I. 2006/1177, regulation 2 and the Schedule (Part I), by the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 8 and 9, by S.I. 2009/1941, article 2(1) and Schedule 1, paragraph 12 and by the Criminal Justice Act 1982 (c. 48), sections 37 and 46. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c. 56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c. 23), section 315 and Schedule 21, paragraphs 1 and 3(2).

[^f00002]: S.I. 2018/648.

[^f00003]: S.I. 2010/674.

[^f00004]: Section 42A was inserted, in relation to England and Wales, by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

[^f00005]: For the definition of “the Minister”, see section 57(1) of the Harbours Act 1964 (c. 40).

[^f00006]: The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009 (c. 23).

[^f00007]: 1847 c. 27.

[^f00008]: 17 Victoria 1 c. xxxv.

[^f00009]: 42 & 43 Victoria 1 c. xii.

[^f00010]: 50 & 51 Victoria 1 c. cliii.

[^f00011]: 4 & 5 Geo. 5 c. clxxiv.

[^f00012]: 20 & 21 Geo. 5. c. cxlii Schedule 3.

[^f00013]: 1964 c. 40.

[^f00014]: S.I. 1988/1707.

[^f00015]: S.I. 1996/15.

[^f00016]: 2003 c.21. Section 32(1) was amended by S.I. 2011/1210, Schedule 1 paragraph 9(a).

[^f00017]: The Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH.

[^f00018]: Dorset Council, County Hall, Colliton Park, Dorchester, Dorset, DT1 1XJ.

[^f00019]: 1990 c. 8.

[^f00020]: 1949 c. 74: section 1 was amended by the Local Government Act 1972 (c. 70), Schedule 30.

[^f00021]: 1995 c.21.

[^f00022]: Available online at https://www.weymouth-harbour.co.uk/ or for inspection at Weymouth Harbour Office, 13 Custom Quay House, Weymouth, Dorset, DT4 8BG.

[^f00023]: Weymouth Harbour Office, 13 Custom Quay House, Weymouth, Dorset, DT4 8BG.

[^f00025]: 1972 c.70.

[^f00026]: 1966 c.28; section 37(3) was repealed by the Transport and Works Act 1992 (c.42), Schedule 4 (Part II).

[^f00027]: 1964 c.40.

[^f00028]: 1978 c.30.