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The National Trust for Scotland (Canna) Harbour Revision Order 1999

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Power to give directions

21.—(1) The harbourmaster may give special directions to the master of a vessel for any of the following purposes–

(a)for regulating the time at which and the manner in which any vessel shall enter into, leave or lie in the harbour and its berthing, mooring or unmooring whilst therein;

(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–

(i)it is on fire; or

(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.

(2) In an emergency, the harbourmaster may give general directions applicable to all vessels or to a particular class of vessels for any of the purposes mentioned in paragraph (1) above.

(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.

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