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Colchester Borough Council Act 2001

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Navigational aids, etc.

4(1)Upon becoming a local lighthouse authority as mentioned in clause 2(2) of this Agreement there shall be transferred to the Commissioners from the Council without charge the ownership of all navigational aids in the River Colne (between the imaginary lines) in respect of which the Council had statutory responsibility immediately before the date of such transfer.

(2)The Council shall maintain at its own expense as agent for the Commissioners the navigational aid mentioned in paragraph (3) below to such standard as is reasonably required by the Commissioners for so long as that aid is required in connection with the Commissioners' functions as a local lighthouse authority.

(3)The aid referred to in paragraph (2) above is the light at Bateman’s Tower (51°48.3'N, 1°00.73'E).

(4)The Commissioners shall maintain to the reasonable satisfaction of the Council and in the positions reasonably required by the Council the buoys mentioned in paragraph (5) below if and to the extent that those buoys are required in connection with the discharge of any obligation or function of the Council in respect of fisheries and subject to the responsibilities of the Commissioners as local lighthouse authority in consequence of the Act.

(5)The buoys referred to in paragraph (4) above are—

NameShapeCharacteristic
Fishery Buoy No. 1SphereUnlit
Fishery Buoy No. 2SphereUnlit
Fishery Buoy No. 3SphereUnlit

(6)For the period of 20 years from the appointed day the Commissioners shall, if and to the extent that they are so required by the Environment Agency, maintain to the reasonable satisfaction of that Agency the buoys mentioned in paragraph (7) below in the positions reasonably required by that Agency:

Provided that this obligation shall not require the Commissioners to carry out any activity in relation to those buoys which was carried out by the Environment Agency prior to the date on which the Commissioners became a local lighthouse authority in consequence of the Act.

(7)The buoys referred to in paragraph (6) above are—

NumberNameShapeCharacteristic
38Colne BarrierCanFl.R. 3 sec.
31Colne BarrierConeFl.G. 3 sec.
33Colne BarrierConeFl.G. 3 sec.
40Colne BarrierCanFl.R. 3 sec.

(8)Prior to the transfer mentioned in paragraph (1) above and subject to the approval of Trinity House under section 199 of the Merchant Shipping Act 1995 the Council shall replace each of the aids mentioned in Annex A to this Agreement with an aid manufactured in glass reinforced plastic but otherwise having the same shape and characteristic as the aid which it replaces; and such replacement shall be to the reasonable satisfaction of the Commissioners.

(9)Prior to the transfer mentioned in paragraph (1) above and subject to the approval of Trinity House under section 199 of the Merchant Shipping Act 1995 the Council shall:—

(a)replace the unlighted buoy mentioned in Annex B to this Agreement with a lighted green conical buoy, to the reasonable satisfaction of the Commissioners;

(b)replace the unlighted buoy mentioned in Annex C to this Agreement with a lighted red can buoy, to the reasonable satisfaction of the Commissioners;

(c)discontinue and remove the aids mentioned in Annex D to this Agreement; and

(d)move the No. 13 buoy station to the westernmost point of the bank on the Brightlingsea side of the River.

(10)The Council shall transfer to the Commissioners the benefit of any manufacturers' guarantees and warranties relating to any replacement aids.

(11)The Council shall maintain to a reasonable standard each of the aids mentioned in paragraph (1) above (including those replaced in accordance with paragraphs (8) and (9) above) until they are transferred to the Commissioners in accordance with paragraph (1) above.

(12)In consideration of the Commissoners agreeing to assume the functions of a local lighthouse authority as mentioned in clause 2(2) of this Agreement and of maintaining the buoys mentioned in paragraphs (5) and (7) above the Council shall pay to the Commissioners annually the sum calculated in accordance with the provisions of clause 6 of this Agreement.

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