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The Tobermory Harbour Empowerment Order 2017

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General byelaws

14.—(1) Subject to article 39 (saving for CMAL and the ferry operator), the Company 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, jetties, piers, warehouses, sheds, landing places, equipment, works and conveniences (including moorings) in the harbour;

(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 within the harbour;

(d)regulating the berthing and mooring of vessels within the harbour and the use of tugs within the harbour;

(e)preventing damage or injury to any goods, vehicle, 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 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 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 the use of cruise ships and ferries within the harbour;

(j)regulating in the harbour the use of yachts, sailing boats, sailboards, rowing boats, rowing punts, pleasure craft and other small craft;

(k)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 (j);

(l)regulating the launching of vessels within the harbour;

(m)prohibiting persons in or entering the harbour, or any part of the harbour, from smoking in open spaces in the harbour designated as “no smoking areas” by the Company by way of signage in the interests of health and safety;

(n)regulating the movement and parking of vehicles on private roads within the harbour;

(o)regulating the exercise of the powers vested in the Company;

(p)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 Company to take such action as may be reasonably required in default of compliance with any such condition, control or direction;

(q)regulating the hours during which any gates, entrances or outlets to or from the harbour or any part of the harbour shall be open;

(r)prohibiting or regulating the discharge or deposits of ballast, ashes, refuse, rubbish or other material (including any polluting liquid) into or upon the harbour;

(s)regulating the use of cranes, weighing machines, weights and measures belonging to the Company, and the duties and conduct of weighers and meters employed by the Company;

(t)regulating the holding of regattas and other public events in the harbour;

(u)regulating or preventing the use of fires and lights within the harbour;

(v)the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features; and

(w)the conservation, preservation or redevelopment of any buildings, plant or other artificial features of the harbour of historic or architectural significance.

(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 provisions for different parts of the harbour or in relation to different classes of vessels or vehicles.

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