The Portland Harbour Revision Order 1997

Article 56

SCHEDULE 2 PROTECTIVE PROVISIONS

PART I: DEFENCE EVALUATION AND RESEARCH AGENCY(Sea Systems Sector)

Interpretation

1.  In this Part of this Schedule—

(a) “the Acoustic Range Building” means the building located on the seaward side of the Northern Arm at Latitude 50° 35.97' N, Longitude 002° 26.6' W (150 metres north-west of the Vernon Building);

(b) “the Distant Range Building” is the building on and co-located with the Torpedo Firing Point on the North-eastern Breakwater at Latitude 50° 35.39' N, Longitude 002° 25.36' W;

(c) “the Short Range Building” is the building situated on Torpedo Pier on the Northern Arm;

(d) “the Vernon Building” (formerly the Admiralty Magnetic and Calibration Station) means that building located on the Northern Arm at Latitude 50° 35.93' N, Longitude 002° 26.48' W;

(e) “the Vernon Building Jetty” means the jetty on the seaward side of the Northern Arm adjacent to the Vernon Building; and

(f) “the Vernon Landing Stage” means the landing Stage on the landward side of the Northern Arm adjacent to the Vernon Building.

Fishing, anchoring and mooring

2.—(1) Subject to sub-paragraph (2) below, no person shall fish, anchor or moor within—

(a) 350 metres of the landward side of the Northern Arm between the Vernon Landing Stage and Torpedo Pier;

(b) 250 metres of that side of the Northern Arm between Torpedo Pier and the level of high water at the Northern Arm’s landward end;

(c) 150 metres to seaward of the Vernon Building Jetty;

(d) the acoustic range area, being a rectangular area extending 25 metres each side of the Acoustic Range Building and extending 150 metres to seaward of the Northern Arm; and

(e) 150 metres of the Distant Range Building.

(2) With the written permission of the Company (which shall not be given without the written consent of the Secretary of State for Defence) a person may lay and lift prawn pots at the following locations—

(a) on and within 10 metres of the landward side of the Northern Arm in the area specified in sub-paragraph (1)(a) above unless Flag Alfa is flying from the Short Range Building;

(b) within 10 metres of the seaward side of the Northern Arm in the areas specified in sub-paragraphs (1)(c) and (1)(d) above unless Flag Alfa is flying from the Vernon Building or the Acoustic Range Building; and

(c) within 10 metres of the seaward side of the North-eastern Breakwater in the area specified in sub-paragraph (1)(e) above unless Flag Alfa or the International Code Group November Alfa is flying from the Distant Range Building.

Diving and underwater swimming

3.—(1) Subject to sub-paragraph (2) below, no person shall swim underwater or dive within—

(a) 150 metres of the North-eastern Breakwater;

(b) 150 metres of the seaward side of the Northern Arm;

(c) 150 metres of the landward side of the Northern Arm between “C” Head and the Vernon Landing Stage; and

(d) the areas specified in sub-paragraphs 1(a) and 1(b) of paragraph 2 above.

(2) With the permission of the Company (which shall not be given without the written consent of the Secretary of State for Defence) a person may dive and swim underwater—

(a) from either side of the North-eastern Breakwater but remaining clear of the main fairways and not within 150 metres of the Distant Range Building; and

(b) from either side of the Northern Arm from “C” Head to a point 150 metres south-east of the Vernon Building, but remaining clear of the main fairway concerned.

(3) (a) Subject to sub-paragraph (b) below, the Company shall only give permission to dive and swim underwater for the purposes of sub-paragraph (2) above to a person who is a member of a club or association which is either a registered branch of the British Sub-Aqua Club, a registered club of the Sub-Aqua Association or a Professional Association of Diving Instructors registered diving school.

(b) Permission for the purposes of this paragraph may be given by the Company to a club or association mentioned in (a) above for the benefit of those of its members specified in the permission.

(4) Any permission given under this paragrpah to dive or swim underwater shall not authorise any person to land or set foot on the North-eastern Breakwater or the Northern Arm.

PART II: DEFENCE EVALUATION AND RESEARCH AGENCY(Test and Evaluation Ranges Sector)

Interpretation

4.  In this Part of this Schedule—

(a) “the Grove Point Building” means the building co-located with the Coastguard Building located at Latitude 50° 32.9' N, Longitude 002° 25.1' W; and

(b) “the Vernon Building” has the same meaning as in Part I of this Schedule.

Fishing, anchoring and mooring

5.—(1) Subject to sub-paragraph (5) below, no person shall fish, anchor or moor—

(a) within that part of an imaginary rectangle constructed 150 metres from the centre of the outer buoys marking the fixed degaussing range situated at or near a point at Latitude 50° 36.3' N, Longitude 002° 26.12' W as lies inside the harbour, and within a similar rectangle from the centre of the outer buoys marking the mobile degaussing range that may from time to time be situated at or near a point at Latitude 50° 36.28' N, Longitude 002° 24.8' W;

(b) within the area used as a noise range bounded by the points at—

(i) Latitude 50° 34' N, Longitude 002° 24.4' W;

(ii) Latitude 50° 34' N, Longitude 002° 24.0' W;

(iii) Latitude 50° 33.6' N, Longitude 002° 24.0' W; and

(iv) Latitude 50° 33.6' N, Longitude 002° 24.4' W;

(c) within 100 metres of any cables serving the ranges specified in this sub-paragraph; and

(d) in any part of the harbour when it would obstruct vessels exhibiting International Code “PP” at the yardarm when making degaussing or noise range runs over the ranges and areas specified in this sub-paragraph.

(2) No person shall fish by nets, anchor or moor in Newton’s Cove west of a line drawn due north from “C” Head to the nothern limit of the harbour when the fixed degaussing range specified in sub-paragraph (1)(a) above is in use, as indicated by an orange flag flying from the Vernon Building.

(3) Subject to sub-paragraph (5) below, no person shall fish by trawl, nets or dredges, anchor or moor within the area of water bounded by the following imaginary lines—

(a) a line drawn from a point at Latitude 50° 36.42' N, Longitude 002° 25.2' W, to a point at Latitude 50° 36.42' N, Longitude 002° 24.5' W (“point A”);

(b) a line drawn from point A to a point at Latitude 50° 36.00' N, Longitude 002° 24.5' W (“point B”); and

(c) a line drawn from point B to a point at Latitude 50° 36.00' N, Longitude 002° 25.2' W,

when the mobile degaussing range specified in sub-paragraph (1)(a) above is being established or is in use, as indicated by an orange flag flying from the Vernon Building.

(4) No person shall fish, anchor or moor in the area of water bounded by the seaward side of the Outer Breakwater and the Inner Breakwater, the level of high water on the eastern side of the Isle of Portland, and the following imaginary lines—

(a) a line drawn from Fort Head to a point at Latitude 50° 35.08' N, Longitude 002° 23.84' W (the eastern limit of the harbour);

(b) a line drawn from that point to a point at Latitude 50° 32.6' N, Longitude 002° 23.84' W; and

(c) a line drawn from that point to a point on the shore (Durdle Pier) at Latitude 50° 32.62' N, Longitude 002° 24.97' W,

when the noise range specified in sub-paragraph (1)(b) above is in use, which shall be indicated by an orange flag flying from the Grove Point Building.

(5) Sub-paragraph (3) above, and the provisions of sub-paragraph (1)(a) above relating to the mobile degaussing range, shall only apply after 24 hours' notice of the establishment of that range has been given by the Company in a general direction.

Diving and underwater swimming

6.—(1) Subject to sub-paragraph (2) below, no person shall swim underwater or dive in the ranges and areas specified in paragraph 5(1) above or within 100 metres of any buoys or cables associated with those ranges and areas.

(2) Sub-paragraph (1) above shall only apply in relation to the mobile degaussing range after notice of the establishment thereof has been given by the Company in accordance with paragraph 5(5) above.

PART III: ROYAL NAVAL AIR STATION

Interpretation

7.  In this Part of this Schedule—

• “exempt person” means—

  (a)

  any person in the service of—

  (i)

  Her Majesty’s naval, military or air forces;

  (ii)

  a Government Department;

  (iii)

  a police force or other emergency service; or

  (iv)

  the Commissioners of Customs and Excise,

  whilst in the execution of his duty; or

  (b)

  a contractor or his employee duly authorised by the Ministry of Defence;

• “exempt vessel” means any vessel belonging to or used by an exempt person;

• “the prohibited area” means the area of water within 100 metres of the level of high water between a point north of the Lattice Tower at Latitude 50° 34.22' N, Longitude 002° 27.5' W and a point at Latitude 54° 34.09' N, Longitude 002° 26.8' W (the eastern boundary of the flight path for the Royal Naval Air Station, Portland); and

• “the restricted area” means the area of water within the following imaginary lines—

  (a)

  a line drawn from a point on the shore at Latitude 50° 34.20' N, Longitude 002° 27.15' W to a point at Latitude 50° 34.70' N, Longitude 002° 26.78' W (“point A”);

  (b)

  a line drawn from point A to a point at Latitude 50° 34.57' N, Longitude 002° 26.495' W (“point B”);

  (c)

  a line drawn from point B to a point at Latitude 50° 34.82' N, Longitude 002° 26.32' W (“point C”);

  (d)

  a line drawn from point C along the arc of a sector of a circle of radius 1,500 metres (the centre thereof being a point on the shore) to a point at Latitude 50° 34.63' N, Longitude 002° 25.92' W (“point D”); and

  (e)

  a line drawn from point D to a point at Latitude 50° 34.09' N, Longitude 002° 26.80' W,

  excluding any area of water within any part of the prohibited area.

Prohibited area

8.  No vessel other than an exempt vessel shall, except with the prior permission of the Company (which shall not be given without the written consent of the Secretary of State for Defence), enter, navigate, anchor or moor within the prohibited area, and no person other than an exempt person shall swim, dive or fish within that area or otherwise enter it except with the like permission.

9.  Except with the direction of the Secretary of State for Defence the provisions of articles 8, 9, 10, 11, 15, 16, 18, 31 and 50 of this Order shall not apply in relation to the prohibited area, or to any exempt person or exempt vessel within that area.

Restricted area

10.  No vessel other than an exempt vessel shall, except with the prior permission of the Company (which shall not be given without the written consent of the Secretary of State for Defence), anchor or moor within the restricted area.

11.  Except with the direction of the Secretary of State for Defence the provisions of article 10 of this Order shall not apply to the restricted area.

PART IV: GENERAL PROVISIONS

Marking prohibited, restricted and constrained areas

12.  The Secretary of State for Defence may with the approval of the Trinity House erect or place, maintain, renew, alter, discontinue or remove such lights, buoys, beacons or other marks (and any structure required to house the same) and take such other steps as may be necessary for the purpose of indicating to vessels or persons using the harbour the extent of the various areas referred to in this Schedule where activities of those vessels or persons are prohibited, restricted or constrained.

Enforcement

13.—(1) The Secretary of State for Defence may provide and use in the harbour such vessels as are necessary and appropriate to secure compliance by persons using the harbour with the provisions of this Schedule, but all such vessels and the masters thereof shall be subject to any general or special direction given by the Company or the harbour master.

(2) The Secretary of State for Defence shall have power to institute criminal proceedings against any person alleged to have contravened any provision of this Schedule.

Consents and directions

14.  Consents and directions given by the Secretary of State for Defence under this Schedule may be subject to such terms and conditions as he considers necessary and appropriate.

Penalties

15.—(1) Any person who contravenes or otherwise fails to comply with any of the provisions of this Schedule, or any condition, requirement or prohibition imposed by the Secretary of State for Defence in the exercise of the powers conferred upon him by this Schedule, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where the commission by any person of an offence under this Schedule is due to the act or default of some other person, that other person shall be guilty of an offence and that other person may be charged with, and convicted of the offence by virtue of this paragraph, whether or not proceedings for the offence are taken against any other person.

(3) In any proceedings for an offence under this Schedule, it shall be a defence for the person charged to prove—

(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or

(b) that he had a reasonable excuse for his act or failure to act.

(4) If, in any case, the defence provided by sub-paragraph (3)(a) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the Secretary of State for Defence a notice in writing giving such information identifying, or assisting in the identification of, that person as was then in his possession.

Cessation

16.—(1) Part I of this Schedule shall cease to apply upon the cessation of use of the North-eastern Breakwater and the Northern Arm for defence research purposes by the Defence Evaluation and Research Agency or its successors and the occurrence of either of the events specified in sub-paragraph (4) below.

(2) Part II of this Schedule shall cease to apply upon the cessation of use of the areas and ranges specified in paragraph 5(1) above for defence research purposes by the said Agency or its successors.

(3) Part III of this Schedule shall cease to apply upon closure of the Royal Naval Air Station, Portland and, thereafter, the occurrence of either of the events specified in sub-paragraph (4) below.

(4) The events mentioned in sub-paragraphs (1) and (3) above are, in relation to Part I or Part III of this Schedule, as the case may be—

(a) the coming into force of byelaws made by the Company under article 15 of this Order declared to be in substitution for some or all of the provisions of that Part; or

(b) the first publication in accordance with sub-paragraph (5) below of a declaration by the Company that they do not intend to make any byelaws in substitution therefor.

(5) A declaration made in the terms referred to in sub-paragraph(4)(b) above shall be published by the Company in the London Gazette and in a newspaper circulating in the locality of the harbour.