(This note is not part of the Order)
This Order empowers the Lymington Harbour Commissioners (“the Commissioners”) as the harbour authority for Lymington Harbour to construct and maintain two overlapping breakwaters, one to the east and the other to the west of the main navigation channel (article 3) within the limits of deviation on the deposited plans and sections (defined in article 2(1)) (article 4) and confers further powers as to subsidiary works relating to those works (article 5).
The works are to be within the New Forest district, when they are completed or substantially completed (article 7).
The Order creates an offence of, without lawfully authority, intentionally or recklessly obstructing the carrying out of the works, with a fine on summary conviction not exceeding level 4 on the standard scale (article 8).
Articles 9 and 10 make provision against danger to navigation and for the abatement of works abandoned or decayed.
The Secretary of State is empowered to order a survey and examination of the authorised works (defined in article 2(1)) or the site on which they are to be constructed and maintained (article 11).
Provision is made for the lighting of the authorised works permanently and tidal works during construction (articles 12 and 13).
A full regulatory impact assessment has not been produced for this instrument as there is no impact on business or charities or the voluntary sector.
The deposited plans and sections may be inspected during working hours at the principal office of the Commissioners at the Harbour Office, Bath Road, Lymington SO41 3SE.