2016 No. 75
Harbours, Docks, Piers And Ferries

The Mostyn Docks Harbour Revision Order 2016

Made
Coming into force
Mostyn Docks Limited has applied for a harbour revision order under section 14 of the Harbours Act 19641.
The Secretary of State, who is the appropriate Minister2 for the purposes of section 14 and is satisfied as mentioned in section 14(2), in exercise of the powers conferred by that section and now vested in the Secretary of State3 and in accordance with section 7(5) of the Pilotage Act 19874, makes the following Order.

Citation and commencement1.

(1)

This Order may be cited as the Mostyn Docks Harbour Revision Order 2016 and comes into force on 1st March 2016.

(2)

The Mostyn Docks Harbour Empowerment Order 19885 (“the 1988 Order”), the Mostyn Docks (Pilotage) Harbour Revision Order 19896 (“the 1989 Order”) and this Order may be cited together as the Mostyn Docks Orders 1988 to 2016.

Interpretation2.

(1)

In this Order—

“added area” means the area described in sub-paragraphs (a) and (b) of article 3(1);

“Company” means Mostyn Docks Limited;

“Dee Conservancy” means the area within which the Natural Resources Body for Wales7 is the harbour authority pursuant to the Dee Conservancy Act 18898;

“extended harbour” means—

(a)

the area described in article 4 of the 1988 Order; and

(b)

the added area;

“signed plan” means the plan signed in triplicate by the Head of Maritime Commerce and Infrastructure Division in the Department for Transport and marked “Plan referred to in the Mostyn Docks Harbour Revision Order 2016”, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Company situated at the Port of Mostyn, Mostyn, Holywell, Flintshire, CH8 9HE.

(2)

In this Order longitude and latitude are stated by reference to the World Geodetic System (WGS84), revised in 1984 and further revised in 2004.

Extension of area of jurisdiction3.

(1)

The area within which the Company exercises jurisdiction as a harbour authority and within which the powers of the harbour master are exercised is extended to include, in addition to the area described in article 4 of the 1988 Order, the further areas as follows—

(a)

the area consisting of a triangle made up of straight lines linking successively the points—

(i)

53° 21.86’N, 3° 18.04’W and 53° 21.62’N, 3° 18.24’W,

(ii)

53° 21.62’N, 3° 18.24’W and 53° 21.76’N, 3° 17.67’W and

(iii)

53° 21.76’N, 3° 17.67’W and 53° 21.86’N, 3° 18.04’W; and

(b)

the area which lies within 250 metres on each side of a line—

(i)

commencing at the point 53° 21.74’N, 3° 18.14’W,

(ii)

then extending in a north-westerly direction to the point 53° 21.90’N, 3° 18.70’W,

(iii)

then extending in a westerly direction to the point 53° 22.00’N, 3° 21.70’W,

(iv)

then extending in a south-westerly direction to the point 53° 21.20’N, 3° 24.30’W,

(v)

then extending in a westerly direction to the point 53o 21.20’N, 3o 27.00’W,

(vi)

then extending in a westerly direction to the point 53° 21.70’N, 3° 31.40’W,

(vii)

then continuing in a north-westerly direction to the point 53° 22.50’N, 3° 33.20’W and there terminating.

(2)

The limits of the extended harbour are, for the purpose of identification only, shown cross-hatched and marked blue on the signed plan.

(3)

The 1988 Order and all byelaws, regulations and directions made by the Company, which immediately before the coming into force of this Order related to or had effect within the harbour as defined in the 1988 Order, relate to or have effect within the extended harbour and accordingly, references to “the harbour” in the 1988 Order include references to the added area.

Extension of area of jurisdiction for purposes of pilotage4.

The area within which the Company has jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 consists of—

(a)

the area described in article 4 of the 1988 Order,

(b)

the area described in article 3 of the 1989 Order, and

(c)

so much of the added area as lies to the west of a line extending from the point 53° 21.37’N, 3° 19.28’W to the point 53° 22.02’N, 3° 18.28’ W.

Saving for the Natural Resources Body for Wales5.

Nothing in this Order is to prejudice or affect the exercise by the Natural Resources Body for Wales of any powers or duties conferred or imposed on that body under any enactment otherwise than in its capacity as the harbour authority for any part of the extended harbour.

Saving for the Mersey Docks and Harbour Company6.

Nothing in this Order is to prejudice or affect the exercise by the Mersey Docks and Harbour Company of any of its rights, powers, duties or privileges.

Signed by authority of the Secretary of State for Transport

Linda Willson
Head of Maritime Commerce and Infrastructure Division
Department for Transport
EXPLANATORY NOTE
(This note is not part of the Order)

This Order extends the limits of jurisdiction of Mostyn Docks Limited (“the Company”) both as the harbour authority for Mostyn Docks and for pilotage purposes under Part I of the Pilotage Act 1987.

The harbour jurisdiction is extended to the outer part of the seaward channel lying between the limits of jurisdiction of the Dee Conservancy and the position of the old North Rhyl Buoy. It does not affect the jurisdiction of the Natural Resources Body for Wales (also known as Natural Resources Wales) within the Dee Conservancy.

Pilotage jurisdiction is extended, as described in article 4, along the seaward channel from the existing limit of the pilotage jurisdiction of the Company in the Dee Estuary to the position of the old North Rhyl Buoy.

A full assessment has not been produced for this instrument because it has no impact on the costs of business, charities or voluntary bodies.

A copy of the signed plan (defined in article 2(1)) may be inspected during working hours at the office of the Company at the Port of Mostyn, Mostyn, Holywell, Flintshire CH8 9HE.

This Order is published on the website www.legislation.gov.uk.