The Shoreham Port Authority Harbour Revision Order 2021

Interpretation

2.—(1) In this Order—

“the Act of 1926” means the Shoreham Harbour Act 1926(1);

“the Act of 1937” means the Shoreham Harbour Act 1937(2);

“the Act of 1949” means the Shoreham Harbour Act 1949(3);

“the Order of 1978” means the Shoreham Port Authority Revision Order 1978(4);

“ashore” means all those parts of the port which are not constituted of land covered by water at the level of low water;

“charges” means the charges, rates, tolls and dues which the Port Authority is for the time being authorised to demand, take and recover in relation to the port undertaking;

“general direction” means a direction given under article 4 of this Order;

“the harbour master” means any person appointed as such by the Port Authority, and includes the duly authorised deputies and assistants of the harbour master and any other person for the time being authorised by the Port Authority to act, either generally or for a specific purpose, in the capacity of harbour master;

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

“huffler” means any person following the occupation of boatman who holds a licence granted by the Port Authority in pursuance of its powers under Section 5 of the Act of 1937 to ply for hire in the port, but does not include a person following that occupation solely by way of carrying passengers;

“jet bike” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a water jet engine or other mechanical means of propulsion and steered either—

(a)

by means of a handlebar-operated linkage system (with or without a rudder at the stern),

(b)

by the person or persons riding the craft using their body weight for the purpose, or

(c)

by a combination of the methods referred to in (a) and (b) above;

“land” includes land covered by water except where expressly stated otherwise;

“the level of low water” means the level of mean low-water springs;

“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;

“the port” means the Port of Shoreham the limits of which are described in section 38 (Limits of harbour) of the Act of 1926;

“the Port Authority” means Shoreham Port Authority;

“port operations” includes—

(a)

the marking, lighting or dredging of the port or any part thereof,

(b)

the berthing, storage or dry docking of a vessel,

(c)

the warehousing, sorting, weighing or handling of goods,

(d)

the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits, removal from the port),

(e)

the towing, or moving of a vessel,

(f)

the loading or unloading of goods, or embarking or disembarking of passengers,

(g)

the services rendered by, use of and conduct of hufflers,

(h)

energy generation,

(i)

the control of use of the port by members of the public and other third parties (including movement, conduct, authorised activities, designated and prohibited areas) but not so as to cause an interference with any public right of way;

“port premises” means land adjacent to the wet port area for the time being vested in, or occupied or administered by the Port Authority as part of the port undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, other buildings and all other works and conveniences, land and premises;

“port undertaking” means the undertaking for the time being of the Port Authority as set out in the Shoreham Port Authority Acts and Orders 1926 to 2021;

“Shoreham Port User Group” means the stakeholder group known as the Port User Group and established as a consultative group by the Port Authority which is regularly consulted on matters relating to the Port;

“special direction” means a direction given under article 7 of this Order;

“Trinity House” means the Corporation of Trinity House of Deptford Strond (5);

“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans, bicycles, and mobile homes and includes a hovercraft or any other amphibious vehicle;

“vessel” includes a ship, boat, houseboat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a jet bike, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);

“wet port area” means those parts of the area described in section 38 of the Act of 1926 which are covered by water at the level of low water.

(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

(1)

16 & 17 Geo. 5. c. xlvii.

(2)

1 Edw. 8. & 1. Geo. 6. c.cxxi.

(3)

12, 13 & 14 Geo 6. c. lix.

(4)

S.I. 1978/647.

(5)

The Corporation of Trinity House, Tower Hill, London, EC3N 4DH.