EXPLANATORY NOTE
(This note is not part of the Order)
This Order, made following an application by Caledonian Maritime Assets Limited (“CMAL”), empowers CMAL to construct, maintain and operate in West Loch Tarbert and on adjacent land at Kennacraig in Argyll and Bute, harbour works and harbour related facilities.
Article 2 makes provision as to interpretation.
Article 3 authorises CMAL to construct works. The main works to be carried out to improve the harbour are at paragraphs (1) and (2). Paragraph (3) makes provision for future works.
Article 4 provides for the limits of deviation for the works and article 5 authorises subsidiary works required in connection with the works under article 3 or the harbour.
Article 6 authorises CMAL to dredge the harbour and the approaches to it. Article 7 creates an offence of obstructing the works. Articles 8 to 13 make provision for the control and regulation of tidal works. Article 14 makes provision as to the time limit for completing the works under article 3(1) and (2).
Article 15 provides for land within the harbour limits (some of which will have been reclaimed from the foreshore and seabed below high water) to be deemed to be operational land for the purposes of the Town and Country Planning (Scotland) Act 1997 and to lie within the area of Argyll and Bute Council if it otherwise would not do so.
Article 16 identifies the limits of the harbour.
Article 17 enables CMAL to provide or licence other persons to provide moorings.
Article 18 requires CMAL to install and maintain in the harbour a lighting system to minimise light pollution outwith the harbour limits.
Article 19 provides CMAL with a defence of due diligence against the commission of offences under the Order.
Articles 20 to 22 make saving provisions, including making clear that in carrying out any works or operations pursuant to this Order CMAL must obtain any other consent required for those works or operations under the terms of any other enactment.
Article 23 revokes certain provisions of the Caledonian McBrayne Limited (Kennacraig) Harbour Empowerment Order 2005.