The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

• (b) by trawl, nets or dredges within 100 metres of the line of any cable or pipe laid down in the estuary.

• (3) A person must not cast or place any drift, trawl or other net in such a position as to be likely to become an obstruction or danger to any property, including in particular any vessel or mooring.

• (4) All surface set nets and such other apparatus and equipment which could impede surface navigation in the estuary must be attended at all times.

• (5) All markers used to indicate the position of fishing equipment must be clearly marked with either the owner’s name or boat registration number.

29

Without prejudice to paragraph 23 (lost anchor, cable or propeller), a person must not—

• (a) drag, dredge or grapple for any material or article, or

• (b) remove any material or article from the bed of the estuary,

without the written consent of the harbour master, save for the purpose of immediately recovering any article dropped overboard from a vessel.

30

The owner of a vessel greater than 10 metres in length which is not registered as a ship under Part II of the 1995 Act and marked accordingly must ensure that the vessel is marked conspicuously with its name or other means of identification and harbour of origin (if any).

31

• (1) A person must not abandon a vessel on the banks or shore of the estuary.

• (2) For the purposes of sub-paragraph (1), a person who leaves a vessel on the banks or shore of the estuary in such circumstances or for such period that the person may reasonably be assumed to have abandoned it, is deemed to have abandoned it there unless the contrary intention is shown.

32

• (1) A person must not engage or take part in water-skiing, aquaplaning or any similar activity in the main channels.

• (2) Without prejudice to sub-paragraph (1), a person must not engage or take part within the estuary in water-skiing, aquaplaning or any similar activity except—

• (a) with the written permission of the harbour master given either specifically or generally,

• (b) only in such areas as may be designated by the conservancy authority, and

• (c) in accordance with such reasonable terms and conditions as the harbour master may specify.

• (3) A master of a vessel, whilst using the vessel for the purpose of towing a water-skier or a person aquaplaning, must have on board at least one other person capable of taking charge of the vessel and of giving such assistance as may be reasonably required during the towing and in the recovery of the water-skier or person aquaplaning and must carry—

• (a) for each person on board or being towed a life jacket or a personal buoyancy aid,

• (b) two hand-held distress signals and a fire extinguisher, and

• (c) for each person water-skiing or aquaplaning, a rescue quoit with line or other sufficient hand-thrown rescue device.

33

A person must not engage or take part in parakiting, parascending or any similar activity in any part of the estuary except—

• (a) with the written permission of the harbour master given either specifically or generally,

• (b) only in such areas as may be designated by the conservancy authority, and

• (c) in accordance with such reasonable terms and conditions as the harbour master may specify.

34

• (1) Subject to sub-paragraph (2), a person, other than a duly authorised employee, contractor or agent of the conservancy authority, must not swim underwater or dive in the channels without the written permission of the harbour master.

• (2) Sub-paragraph (1) does not apply to persons swimming underwater or diving for the purposes of undertaking repairs to recreational vessels or clearing obstructions to recreational vessels and their anchors.

• (3) Subject to sub-paragraph (4), the conservancy authority may only give permission to dive and swim underwater under sub-paragraph (1) to a person who is—

• (a) a member of a club or association which is either—

• (i) a registered branch of the British Sub-Aqua Club,

• (ii) a registered club of the Sub-Aqua Association,

• (iii) a Professional Association of Diving Instructors registered diving school, or

• (b) a member of any other recognised and competent organisation.

• (4) Permission for the purposes of sub-paragraph (1) may be given by the conservancy authority to a club or association mentioned in sub-paragraph (3) for the benefit of those of its members specified in the permission.

• (5) Any permission granted under sub-paragraph (1) may be given subject to such reasonable terms and conditions, including as to the payment of charges, as the harbour master may consider appropriate.

• (6) Any person diving or swimming underwater in the channels must comply with—

• (a) any terms and conditions that are imposed on that person, and

• (b) any directions given to that person,

by the harbour master.

35

• (1) The person responsible for organising any regatta, race, procession, pageant or any other similar event, or any part of any such event in which a number of vessels is expected to participate or to assemble within the estuary, must—

• (a) supply to the harbour master such information with regard to the event as the harbour master may reasonably require,

• (b) seek the prior consent of the harbour master to the holding of the event or the part of such event within the estuary, which consent must not be unreasonably withheld.

• (2) A person must not organise or conduct any of the events referred to in sub-paragraph (1) except—

• (a) on such courses,

• (b) at such times, and

• (c) in accordance with such other conditions,

as the harbour master may reasonably specify for the purposes of this paragraph.

36

• (1) A person must not—

• (a) erect,

• (b) exhibit,

• (c) alter,

• (d) tamper with, or

• (e) remove,

any of the items mentioned in sub-paragraph (2) without the written permission of the conservancy authority.

• (2) The items referred to in sub-paragraph (1) include any—

• (a) light,

• (b) fog signal,

• (c) buoy,

• (d) beacon,

• (e) mark,

• (f) radar reflector, or

• (g) other object,

within or adjoining the estuary which is used as an aid to navigation in the estuary.

37

The master of a vessel must give every reasonable facility and assistance to the fire, police, ambulance and other emergency services for dealing with, alleviating or preventing any emergency.

38

The master of a vessel must take all reasonable precautions for the prevention of accidental fire or accidents by fire.

39

A person must not intentionally obstruct any officer or employee of the conservancy authority in the execution of that officer’s or employee’s duties.

40

• (1) Except with the prior consent of the harbour master, a firearm or air-gun must not be discharged from any vessel within the estuary otherwise than by—

• (a) a member of a police force, or

• (b) a member of Her Majesty’s naval or military forces,

properly authorised to do so in the course of that member’s duty.

• (2) A ship’s gun on board any vessel lying within the estuary must not be loaded, except in so far as may be necessary from time to time for training personnel in the loading and unloading of the gun or for testing its mechanism.

• (3) The gun mentioned in sub-paragraph (2) must not be discharged except as a signal of distress.

41

A person, being the master of a vessel propelled by an internal combustion engine, must not use that vessel in the estuary unless the engine is fitted with apparatus suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of the exhaust gases from the engine.

42

• (1) Any person who contravenes or otherwise fails to comply with any of the provisions of this Schedule, or any condition, requirement or prohibition imposed by the conservancy authority or the harbour master in the exercise of the powers conferred upon the authority or harbour master by this Schedule, is guilty of an offence and liable on summary conviction—

• (a) to a fine not exceeding level 4 on the standard scale in the case of an offence under paragraph 26 (vessels not to be fumigated without permission);

• (b) to a fine not exceeding level 3 on the standard scale in any other case.

• (2) Where the commission by any person of an offence under this Schedule is due to the act or default of some other person, that other person is guilty of an offence.

• (3) The other person referred to in sub-paragraph (2) may be charged with, and convicted of, the offence by virtue of this paragraph, whether or not proceedings for the offence are taken against any other person.

• (4) In any proceedings for an offence under this Schedule, it is a defence for the person charged to prove—

• (a) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or

• (b) that the person had a reasonable excuse for the act or failure to act alleged to constitute the offence.

• (5) If, in any case, the defence provided by sub-paragraph (4)(a) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without leave of the court, entitled to rely on that defence unless that person satisfies the condition set out in sub-paragraph (6).

• (6) The condition referred to in sub-paragraph (5) is that within a period ending seven clear days before the hearing, the person must serve on the conservancy authority a notice in writing giving such information identifying, or assisting in the identification of, the other person as is in the possession of the person charged.

SCHEDULE 3 — PROTECTIVE PROVISIONS FOR THE COMPANY

Limitation on the conservancy authority’s powers

1

The conservancy authority—

• (a) must not—

• (i) erect,

• (ii) place,

• (iii) alter,

• (iv) discontinue, or

• (v) remove,

aids to navigation within the port under article 6 (aids to navigation),

• (b) must not—

• (i) provide,

• (ii) place,

• (iii) lay down,

• (iv) maintain,

• (v) renew,

• (vi) use,

• (vii) have, or

• (viii) remove,

moorings, buoys or similar apparatus within the port under article 8 (moorings),

• (c) must not—

• (i) deepen,

• (ii) dredge,

• (iii) scour,

• (iv) cleanse,

• (v) alter, or

• (vi) improve,

the bed, shores or channels within the port under article 10 (power to dredge), and

• (d) must not—

• (i) blast rock, or

• (ii) use, appropriate or dispose of material,

within the port under article 10 (power to dredge),

without the consent of the company, which consent is not to be unreasonably withheld.

2

Article 26 (restriction of works and dredging) does not apply to the company—

• (a) with respect to the—

• (i) construction,

• (ii) alteration,

• (iii) renewal, or

• (iv) extension,

of works in the port, or

• (b) with respect to the dredging of waters within the port.

3

The conservancy authority must not, without the consent of the company—

• (a) grant a licence, under article 8 (moorings), for the—

• (i) placing,

• (ii) laying down,

• (iii) maintenance,

• (iv) renewal, use, or

• (v) having,

of any mooring within the port,

• (b) grant a works licence for the—

• (i) construction,

• (ii) alteration,

• (iii) renewal, or

• (iv) extension,

of works within the port,

• (c) grant a dredging licence for the—

• (i) deepening of,

• (ii) widening of,

• (iii) dredging of,

• (iv) taking up or collection of material from,

• (v) the bed or foreshore within the port, or

• (d) dispose of any materials within the port under article 29 (licence to dredge).

4

The company is not required to pay any fee under article 8 (moorings) for the—

• (a) placing,

• (b) laying down,

• (c) maintenance, renewal,

• (d) use, or

• (e) having,

of any mooring within the port.

5

• (1) Subject to sub-paragraphs (2) and (3), any difference arising between the conservancy authority and the company in respect of the matters set out in this Schedule must be determined by an arbitrator to be agreed upon between the parties.

• (2) If the parties cannot agree on an arbitrator, the arbitrator is to be appointed by the President of the Institution of Civil Engineers on the application of either party.

• (3) The party making an application under sub-paragraph (2) must give notice in writing to the other party prior to making the application.

Signed

Signed by authority of the Secretary of State for Transport

Victoria Race — Deputy Director, Maritime Strategy and Programmes — Department for Transport — 21st June 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order revokes and replaces the Dee Estuary Conservancy Harbour Revision Order 2023 (S.I. 2023/470) which did not include a coming into force date.

This Order, made on the application of the Natural Resources Body for Wales (“the conservancy authority”), amends and modernises its powers of management and regulation as conservancy, harbour and local lighthouse authority for the estuary of the river Dee and provides for—

• (1) The jurisdiction and general functions and powers of the conservancy authority (article 4).

• (2) The establishment of a consultative committee, with whom the conservancy authority must consult on all matters substantially affecting the conservancy, maintenance, protection, regulation, operation, management and improvement of the estuary and its navigation (article 5).

• (3) Powers relating to aids to navigation (article 6) and the removal of obstructions to the use of the estuary (article 7).

• (4) Powers relating to moorings (article 8), the repair of landing places (article 9), dredging (article 10) and the disposal of wrecks (article 11).

• (5) Powers to make byelaws (article 12(1) to (9) and Schedule 1), to regulate the use of the Dee estuary (article 12(10) and Schedule 2) and to give general directions (article 13) and special directions (article 15).

• (6) A modern suite of charging powers (articles 19 to 25) including exemptions from harbour dues (article 24) and the prevention of sailing of vessels (article 25).

• (7) The restriction of works and dredging in the estuary without a licence from the conservancy authority (article 26) and the control of certain works by statutory undertakers within the estuary (article 27).

• (8) Powers to grant licences for works (article 28) and for dredging (article 29) within the estuary.

• (9) The lighting of any tidal works during construction (article 31) and upon completion of those works (article 35).

• (10) Powers to enter and inspect vessels within the estuary (article 38) and creates an offence of obstructing officers of the conservancy authority (article 39).

• (11) Savings for the Crown (article 40), Trinity House (article 41) and the Mersey Docks and Harbour Company (article 43).

• (12) The protection of Mostyn Docks Limited as statutory harbour authority for the Port of Mostyn (article 42 and Schedule 3).

• (13) The repeal of certain provisions of the Dee Conservancy Act 1889.

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

This Order is published on the UK legislation website www.legislation.gov.uk.

Footnotes

[^f00001]: The functions of conservancy authority and harbour authority were conferred on the Dee Conservancy Board by sections 35 and 36 of the Dee Conservancy Act 1889 (c. clvi) and subsequently transferred to the River Dee Catchment Board. That Board was, by virtue of the Rivers Dee and Clwyd Catchment Area Order 1946 (S.I. 1946/1036) combined with the River Clwyd Catchment Board to form the Rivers Dee and Clwyd Catchment Board; this was replaced by the Dee and Clwyd River Board by virtue of the Dee and Clwyd River Board Constitution Order 1950 (S.I 1950/1085) and, in turn, by the Dee and Clwyd River Authority by virtue of the Dee and Clwyd River Authority Constitution Order 1964 (S.I. 1964/1015). Section 2 of the Water Act 1973 (c. 37) transferred the functions of the said River Authority to the Welsh National Water Development Authority and section 142 of the Water Act 1989 (c. 15) transferred that Authority’s functions of a conservancy authority to the National Rivers Authority. Those functions were subsequently transferred to the Environment Agency by virtue of section 2(1)(a)(vi) of the Environment Act 1995 (c. 25). In relation to the functions of local lighthouse authority for the Dee Estuary, section 193(2) of the Merchant Shipping Act 1995 (c. 21) had the effect of conferring those functions on the National Rivers Authority as the then statutory harbour authority before they were vested in the Environment Agency, as mentioned above. The Natural Resources Body for Wales, whose head office address is located at Cambria House, 29 Newport Road, Cardiff CF24 0TP (www.naturalresources.wales), was established by the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W.230)) and the above-mentioned functions of the Environment Agency were transferred to that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W.90)). Mostyn Docks Limited is, however, the harbour authority for that part of the river Dee Estuary described in the Mostyn Docks Orders 1988 to 2016 (see the Mostyn Docks Harbour Revision Order 2016 (S.I.2016/75)).

[^f00002]: 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4(1) and (8), 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).

[^f00003]: Schedule 3, paragraph 18(1) was amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 21, paragraph 5(1) and (2).

[^f00004]: For the definition of “the minister” as mentioned in section 14(7), see section 57(1) of the 1964 Act (c. 40).

[^f00005]: S.I. 1981/238, 1997/2971, 2001/2568, 2002/2626 and 2008/1034.

[^f00006]: 1847 c. 27.

[^f00007]: 1889 c. clvi.

[^f00008]: 1995 c. 21.

[^f00009]: S.I. 1988/1677.

[^f00010]: S.I. 2016/75; see article 3.

[^f00011]: 1990 c. 8.

[^f00012]: 1949 c. 74; section 1 was amended by the Local Government Act 1972 (c. 20), Schedule 30.

[^f00013]: 2003 c. 21; the term “electronic communications code” is defined in section 151.

[^f00014]: The Corporation of Trinity House, Tower Hill, London EC3N 4DH.

[^f00015]: Natural England, whose head office address is at Foss House, Kings Pool, 1-2 Peasholme Green, York YO1 7PX.

[^f00016]: Royal Yachting Association, registered in England and Wales with company number 00878357 and whose registered office address is RYA House, Ensign Way, Hamble SO31 4YA.

[^f00017]: The Maritime and Coastguard Agency, whose head office address is at Spring Place, 105 Commercial Road, Southampton SO15 1EG.

[^f00018]: Available at https://naturalresources.wales/about-us/what-we-do/how-we-regulate-you/information-for-mariners-on-the-dee-estuary/?lang=en.

[^f00019]: 1971 c. lvii.

[^f00020]: The Mersey Docks and Harbour Company Limited, registered in England and Wales with company number 07438262 and whose registered office address is Maritime Centre, Port of Liverpool, Liverpool, Merseyside L21 1LA.

[^f00021]: 1972 c. 70.

[^f00022]: 1972 c. 70; subsection (2) has been amended by the Statute Law (Repeals) Act 1989 (c. 43), section 1(1) and Schedule 1, Part IV; subsection (3) by the Criminal Justice Act 1982 (c. 48), sections 38 and 46; and subsection (4) by the Housing and Planning Act 1986 (c. 63), section 49(2) and Schedule 12, Part III. Article 2 of and Schedule 1 to, The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) transferred the functions of the Secretary of State under section 250 of the Local Government Act 1972, in so far as exercisable in relation to Wales, to the National Assembly for Wales. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00023]: S.I. 2023/470.

[^f00024]: Admiralty charts for the River Dee, its estuary and approaches can be bought from an Admiralty Chart Agent, details of these suppliers can be obtained at https://www.admiralty.co.uk.

[^f00025]: S.I. 1996/75, regulation 1 was amended by the Merchant Shipping (High Speed Craft) Regulations 2004 (S.I. 2004/302), Schedule 1, paragraph 16; regulation 6 was amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), Schedule 4(1), paragraph 53.

[^f00026]: 2003 c. 20.

[^f00027]: 1971 c. 60.