The Western Isles Council (Brevig) Harbour Revision Order 1997

PART II Works

Power to construct works

3.  Subject to the provisions of this Order, the Council may, within the limit of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct, execute and maintain the works hereinafter described, together with all necessary works and conveniences connected therewith, in the Coll Electoral Division, parish of Stornoway on the island of Lewis in the Western Isles Area–

• Work No. 1

  An access channel excavated from the rock sea bed, commencing at a point in the existing access channel at reference point NB 148261 938947, extending south west for a distance of 55 metres to reference point NB 148213 938922 then south for 45 metres and terminating at reference point NB 148226 938882, and in conjunction with this excavation, the removal of part of the existing concrete wall, toe wall and rock armour.

• Work No. 2

  A rubble mound breakwater protected on its external faces by rock armour commencing at reference point NB 148322 938975 by a reconstruction of the existing breakwater, extending across the mouth of the existing access channel and extending south west along the southern side of Work No. 1 to reference point NB 148234 938915 including, where it adjoins Work No 1, a concrete sea wall.

• Work No. 3

  An extension of the existing reclaimed area on the western side of Brevig Harbour, comprising a broadly rectangular infilled area protected on its seaward face by rock armour between reference points NB 148130 939055, NB 148147 939022, NB 148147 939000, NB 148199 938952, NB 148220 938963 and NB 148233 938962, and, in conjunction with this infill, a reconstruction of the head of the existing entrance breakwater.

Authorisation of existing infill

4.  The Council may retain and maintain the existing area of infill shown cross hatched on the deposited plan and it shall be deemed for the purpose of this Order or any other enactment to be a work authorised by this Order.

Power to renew, etc., works

5.  Subject to the provisions of this Order the Council may, within the limit of deviation, renew, replace, or otherwise alter temporarily or permanently the authorised works.

Power to deviate

6.  Subject to the provisions of this Order, in the construction or execution of the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limit of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 2 metres upwards or downwards.

Subsidiary works

7.  Subject to the provision of this Order the Council for the purposes of or in connection with the authorised works may within the limit of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with the authorised works.

Works deemed to be within Western Isles Area

8.  So much of any work constructed or placed pursuant to this Order and of the existing area of infill referred to in article 4 above as is not within the Western Isles Area shall be deemed for all purposes to be within that area.

Tidal works not to be executed without approval of Secretary of State

9.—(1) A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this article–

(a) the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition,

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.

Lights on tidal works during construction

10.—(1) The Council shall at or near a tidal work during the whole time of the construction, execution, renewal, replacement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State may from time to time direct.

(2) If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Permanent lights on tidal works

11.—(1) After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

(2) If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Survey of tidal works

12.  The Secretary of State may at any time he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey or examination shall be recoverable from the Council.

Provision against danger to navigation

13.—(1) In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

(2) If the Council fail to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Abatement of works abandoned or decayed

14.—(1) Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

(2) Where a work authorised by this Order consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.