The Porthmadog Harbour Revision Order 1998

Powers as to moorings, etc.

11.—(1) The Council may place, lay down, maintain and use moorings in the harbour and on land adjoining the waters of the harbour in or in respect of which they have an interest or right entitling them to do so.

(2) The Council may demand, take and recover in respect of any vessel using any of the moorings provided by the Council under this article such reasonable charges as may from time to time be prescribed by the Council.

(3) (a) The Council may grant to a person a licence to place, lay down, maintain or use existing and future moorings in the harbour.

(b) Nothing in any such licence shall entitle a person to place, lay down, maintain and use any mooring on land in or in respect of which neither he nor the Council have an interest or right entitling him or them to do so.

(c) The Council shall not refuse to grant a licence to a person who has an interest or right in respect of land and in respect of which the Council has no such interest or right to place, lay down, maintain and use existing moorings on that land unless they are satisfied that the placing, laying down, maintenance or use of the moorings to which the application relates would constitute a danger to or interfere with the navigation of vessels in the harbour or would in the opinion of the Council prejudice the good management and administration of the harbour.

(4) Any licence granted under paragraph (3) above shall be subject to such terms and conditions as may be specified in the licence.

(5) The Council may charge a reasonable fee for granting a licence under paragraph (3) above.

(6) Any person who—

(a) intentionally obstructs any person acting under the authority of the Council in placing, laying down, maintaining or using moorings; or

(b) intentionally pulls up or removes any moorings or any poles or stakes driven into the ground for the purpose of such moorings; or

(c) places, lays down, maintains or uses in the harbour any mooring not provided or licensed by the Council under this article; or

(d) without reasonable excuse causes a vessel to be moored except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) If—

(a) any person contravenes sub-paragraph (c) of paragraph (6) above the Council may remove the mooring in question and recover from that person the expenses incurred in so doing;

(b) any vessel is moored at a mooring in contravention of sub-paragraph (d) of paragraph (6) above the Council may remove that vessel to another mooring and such removal shall be carried out at the expense and risk of the owner of the vessel.