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5.—(1) The Council may, subject to the provisions of this Order, take all such steps from time to time as it considers necessary or desirable for the maintenance, operation, management and improvement of the harbour and the harbour facilities afforded therein or in connection therewith, and for the conservation of the harbour’s flora, fauna and geological and physiographical features of special interest.
(2) For those purposes and without prejudice to paragraph (1) the Council may—
(a)improve, maintain, regulate, manage, mark and light the harbour and provide harbour facilities therein;
(b)subject to obtaining the necessary rights in or over land—
(i)execute and place in and over the harbour such structures, works and equipment as are required; and
(ii)operate, maintain, renew, alter, extend, demolish and reconstruct structures, harbour facilities, works and equipment in the harbour (including those executed or placed pursuant to sub-paragraph (i) above); and
(c)do all other things which in its opinion are expedient to facilitate the operation, improvement or development of the harbour undertaking.
(3) The Council shall, from time to time, formulate, publish(1) and review a business plan (“Harbour Business Plan”) in relation to its maintenance, conservation, operation, management and improvement of the harbour undertaking, which it shall have regard to when performing its functions.
(4) In the exercise of the powers of sub-paragraph (2)(b) above, the Council must not—
(a)interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
(b)do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus, without the consent of the statutory undertaker concerned.
(5) This article is without prejudice to the powers of the Council under or by virtue of any other enactment.
Available online at https://www.weymouth-harbour.co.uk/ or for inspection at Weymouth Harbour Office, 13 Custom Quay House, Weymouth, Dorset, DT4 8BG.
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