69.—(1) The undertaker may from time to time make byelaws for the efficient management and regulation of the harbour.
(2) Without prejudice to the generality of paragraph (1), byelaws made under this article may provide for—
(a)regulating the use, operation and superintendence of the harbour and the berths, quays, piers, warehouses, sheds, landing places, equipment, works and conveniences (including moorings) in the harbour;
(b)regulating the admission to, the movement within, and the departure from, the harbour of vessels, or the removal of vessels;
(c)regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour;
(d)regulating the berthing and mooring of vessels within the harbour;
(e)preventing damage or injury to any goods, vehicles, plant, machinery, property or person 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 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)regulating in the harbour the use of yachts, sailing boats, sailboards, rowing boats, rowing punts, pleasure craft and other small craft;
(j)regulating or prohibiting the activities in the harbour of divers, surfers, water 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 sub-paragraph (i);
(k)regulating the launching of vessels within the harbour;
(l)prohibiting persons in or entering the harbour, or any part of the harbour, from smoking in open spaces in the harbour;
(m)regulating the movement and parking of vehicles within the harbour;
(n)regulating the exercise of the powers vested in the harbour master;
(o)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 harbour master, and for authorising the harbour master to take such action as may be reasonably required in default of compliance with any such condition, control or direction.
(3) Byelaws made under this article may—
(a)provide for imposing upon persons found guilty on summary conviction of offending against them, or against any condition, requirement or direction imposed, made or given under them, fines not exceeding level 3 on the standard scale;
(b)relate to the whole of the harbour or to any part of the harbour;
(c)make different provision for different parts of the harbour or in relation to different classes of vessels or vehicles.
(4) Before making any byelaw to regulate vessels using the harbour, the undertaker shall first obtain approval from the Secretary of State for Defence.
70.—(1) Byelaws made by the undertaker under this Order shall not come into operation until they have been confirmed by the Secretary of State.
(2) At least one month before an application for confirmation of byelaws is made by the undertaker to the Secretary of State, notice of the intention to apply for confirmation and of the place at which and times during which a copy of the byelaws shall be open to inspection shall be published as follows—
(a)once in the London Gazette; and
(b)once in each of two successive weeks in a local newspaper circulating in the district of West Somerset.
(3) Not later than the first date on which the notice under paragraph (2) is published, the undertaker shall send a copy of the notice to the Chief Executive Officer of West Somerset District Council, to the Harbour Master for the Port of Bridgwater and to the Secretary of State.
(4) During a period of at least one month before application is made for confirmation of the byelaws, a copy of the byelaws shall be kept by the undertaker at the office of the harbour master and shall at reasonable hours be open to public inspection without payment.
(5) The undertaker shall supply a copy of the byelaws or of part of the byelaws to a person who applies for it on payment of a reasonable charge.
(6) During the period of one month after completion of the publication of any notice required by paragraph (2), any person may make in writing to the Secretary of State any objection to or representation respecting the byelaws to which the notice relates.
(7) Subject to paragraph (8), the Secretary of State may confirm the byelaws in the form submitted to the Secretary of State with such modifications as the Secretary of State thinks fit or may refuse to confirm them.
(8) Where the Secretary of State proposes to make a modification that appears to the Secretary of State to be substantial the Secretary of State shall inform the undertaker and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification, and the Secretary of State shall not confirm the byelaws until such period has elapsed as the Secretary of State thinks reasonable for consideration of, and comment upon, the proposed modification by the undertaker and by other persons who have been informed of it.
(9) A copy of the byelaws when confirmed shall be printed and deposited by the undertaker at the office of the harbour master and shall at all reasonable hours be open to public inspection without payment, and a copy of the byelaws shall on application be furnished to any person on payment of such reasonable sum as the undertaker may determine.
71.—(1) Subject to paragraph (4), the undertaker may give directions, or revoke or amend directions that it has previously given, for the purpose of—
(a)designating areas, routes or channels in the harbour and the approaches to the harbour which vessels are to use, or refrain from using, for movement or mooring;
(b)requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master to identify the vessel, its cargo and its likely time of arrival at and departure from the harbour.
(2) Directions given under paragraph (1) may apply—
(a)to all vessels or to a class of vessels designated in the direction;
(b)to the whole of the harbour and the approaches and channels leading to the harbour, or to a part designated in the direction; and
(c)at all times or at times designated in the direction,
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).
(3) Any direction given by the undertaker under this article shall not apply in relation to any part of the Port of Bridgwater.
(4) Before giving a direction, or revoking or amending a direction previously given, under paragraph (1), the undertaker shall consult the Secretary of State for Defence, Bridgwater Harbour Authority, the Royal Yachting Association and the Chamber of Shipping (that is, the trade association for the United Kingdom shipping industry incorporated under that name as a company limited by guarantee).
72.—(1) Notice of the giving of a general direction or of any amendment or revocation of a general direction shall, except in case of emergency, be published by the undertaker as soon as practicable once in Lloyd’s List newspaper or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies of the direction or the amended direction (as the case may be) may be inspected and bought, and the price of the direction or amended direction (as the case may be).
(2) In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the undertaker considers appropriate.
73.—(1) The harbour master may give a special direction under this article—
(a)requiring any vessel anywhere within the harbour or the approaches to the harbour to comply with a requirement made in or under a general direction;
(b)regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour;
(c)for securing that vessels move only at certain times or during certain periods;
(d)prohibiting the mooring of vessels in any particular part or parts of the harbour;
(e)regulating or requiring the movement, mooring or unmooring of a vessel; and
(f)regulating the manner in which within the harbour a vessel takes in or discharges (from ship to shore or shore to ship) personnel, cargo, fuel, water, ship’s stores or ballast in the harbour.
(2) A special direction may be given in any manner considered by the harbour master to be appropriate.
(3) Any special direction given by the harbour master under this article shall not apply in relation to any part of the Port of Bridgwater.
(4) The harbour master may revoke or amend a special direction.
74. The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to that vessel, persons on board, its cargo or any other person or property.
75. The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
76.—(1) Without prejudice to any other remedy available to the undertaker, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2) If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but the harbour master shall not do so unless, after reasonable inquiry has been made, the master of the vessel cannot be found.
(3) Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the undertaker from the owner of the vessel as if they were a charge of the undertaker in respect of the vessel.
77.—(1) The undertaker may levy charges for any services performed by it in the exercise and performance of its statutory powers and duties at the harbour.
(2) The undertaker may confer total or partial exemption from, allow rebates to or make compositions with any person with respect to, charges and may vary or extinguish any such exemption, rebate or composition.
(3) In this article “charges” means any charges other than ship, passenger and goods dues.