PART 2HARBOUR REGULATION

General and special directions

Special directions as to use of the harbour, etc7.

(1)

The harbour master may give a direction which applies to a vessel within the harbour limits for one or more of the following purposes—

(a)

requiring compliance with a requirement made in or under—

(i)

a general direction;

(ii)

a provision of the Newhaven Harbour Acts and Orders 1863 to 2016; or

(iii)

a byelaw or other enactment of local application to the harbour or to the Company;

(b)

regulating or requiring the movement, berthing, mooring or unmooring of a vessel;

(c)

requiring the removal of a vessel from any part of the harbour if—

(i)

it is on fire;

(ii)

it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;

(iii)

it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other persons or vessels or the carrying on of business in the harbour;

(iv)

it is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour;

(v)

its removal is considered by the harbour master to be necessary in order to ensure the safety of persons or the protection of property, flora or fauna or of any part of the harbour referred to in paragraph (4);

(d)

regulating the loading, discharging, storing or safeguarding of the cargo, fuel, water or stores of a vessel and the discharge of its business at the harbour;

(e)

specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(f)

regulating the speed of a vessel;

(g)

regulating the use of the motive power of a vessel;

(h)

prohibiting or restricting the use of fires, lights, pyrotechnics, fireworks, guns, explosive devices or lasers; or

(i)

as to the discharge or use of ballast.

(2)

The harbour master may give a direction which applies to—

(a)

a person;

(b)

all vessels; or

(c)

all vessels of a particular class,

within the harbour for one or more of the purposes in paragraph (1)(a).

(3)

The harbour master may give a direction which applies to a person within the harbour for the purpose in paragraph (1)(h).

(4)

A special direction may be given in the interests of the conservation of, or prevention of damage to, any part of the harbour where that part has been designated, or otherwise given special protection or status, under any enactment by reason of its natural beauty, fauna, flora or archaeological or geological or physiographical features or any other natural features.

(5)

A special direction may be given in a manner considered by the harbour master to be appropriate and, where it is in respect of a vessel, must be addressed to the master of that vessel.

(6)

Where a special direction is to be given which applies to a person, the harbour master must, where possible, specify a particular person to whom the direction is addressed, either by name or by a description sufficient to enable the person to be readily identified.

(7)

The harbour master may amend or revoke a special direction.