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Broads Authority Act 2009

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6Special directions to vessels

(1)Subject to subsection (3) the navigation officer may give directions under this section (“special directions”) for any of the following purposes—

(a)for requiring a person to comply with a requirement in relation to a vessel made in or under a general direction;

(b)for regulating the time at which and the manner in which any vessel may enter, leave or lie or navigate within the navigation area;

(c)for regulating or requiring the movement, berthing, mooring or unmooring of any vessel in the navigation area;

(d)for regulating the position, or placing, of any vessel while it is in the navigation area;

(e)for regulating the position in which any vessel may, while in the navigation area, take in or discharge cargo or ballast or take in or land passengers;

(f)for regulating the manner in which any vessel entering the navigation area may be dismantled, either for the safety of the vessel or for preventing injury to other vessels or property or to any part of the navigation area;

(g)for requiring the removal from any part of the navigation area of any vessel if—

(i)it is on fire; or

(ii)it is unserviceable; or

(iii)it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property or to cause pollution; or

(iv)it is making an unlawful use of, or causing an obstruction to, the navigation area, or interfering with the reasonable use or enjoyment of the navigation area by other vessels or persons exercising a public right of navigation therein; or

(v)its removal is necessary to enable maintenance or repair work to be carried out in the navigation area, or to premises adjacent thereto;

(h)for requiring the removal outside the navigation area of any vessel, if such removal is considered by the navigation officer to be necessary in order to avoid danger to life or to property, or to any part of the navigation area;

(i)for removing obstructions to navigation from the navigation area and keeping it clear for the passage of vessels;

(j)for prohibiting the mooring or anchoring of any vessel in any particular part or parts of the navigation area;

(k)for regulating the loading, discharging, storing and safeguarding of the cargo of any vessel, or its fuel, water or stores, and the dispatch of its business in the navigation area;

(l)for specifying the precautions to be taken in respect of apparatus, machinery and equipment (including equipment for the prevention of pollution) forming part of or carried on any vessel;

(m)for limiting the speed of any vessel in the navigation area;

(n)as to the use of the motive power of any vessel;

(o)for prohibiting or restricting the use of fires or lights on board vessels within the navigation area.

(2)In an emergency the navigation officer may give special directions applicable to all vessels, or to a particular class of vessels, for any of the purposes mentioned in subsection (1).

(3)Nothing in this section shall authorise the navigation officer to give a special direction otherwise than for the purpose of ensuring the ease, convenience or safety of navigation or the safety of persons or property in the navigation area.

(4)A special direction may be given in any manner considered by the navigation officer to be appropriate.

(5)The navigation officer may revoke or amend a special direction.

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