(This note is not part of the Order)
This Order empowers the Poole Harbour Commissioners (“The Commissioners”) as the harbour authority for Poole Harbour to construct and maintain works on and in the bed or foreshore of the harbour (defined in article 2(1)) within the limits of deviation on the deposited plans (so defined) (articles 3 and 4) and confers further powers as to subsidiary works relating to those works (article 5).
To the extent that they are not already, the works are to be within the Borough of Poole when they are completed or substantially completed (article 7).
The Order also empowers the Commissioners, for the purpose of constructing and maintaining the works, to dredge the bed, shores and channels of the harbour within a specified area (article 8).
The Order creates an offence of, without lawful 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 9).
Provision is made against danger to navigation (article 10) and for the abatement of works abandoned or decayed 11).
The Secretary of State may order a survey and examination of the authorised works (defined in article 2(1)) or of the site on which they are to be constructed (article 12).
Provision is made for the lighting of the authorised works permanently (article 13) and of tidal works (defined in article 14(3)) during construction (article 14).
A defence of due diligence is available to the Commissioners in respect of offences under articles 10, 13 and 14 (article 15).
A full regulatory impact assessment has not been provided 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 20 New Quay Road, Hamworthy, Poole, Dorset BH15 4AF.