In this Order—

• “the Act of 1847” means the Harbours, Docks and Piers Clauses Act 18476;

• “the Act of 1964” means the Harbours Act 1964;

• “the Act of 1995” means the Merchant Shipping Act 19957;

• “the Council” means Cornwall Council;

• “harbours” means the harbours of Portreath, Portscatho and Portwrinkle the limits of which are defined in the Schedule (limits of the harbours);

• “harbour facilities” means shipping, fisheries, marine, recreational, leisure, tourism and retail facilities (including buildings);

• “harbour limits plans” means the Portreath Harbour Limits Plan, the Portscatho Harbour Limits Plan, and the Portwrinkle Harbour Limits Plan8;

• “harbour master” means any person appointed as such by the Council, and includes the duly authorised deputies and assistants of the harbour master and any person for the time being authorised by the Council to act, either generally or for a specific purpose, in the capacity of harbour master;

• “harbour premises” means land above the level of low water within the areas shown outlined red on the harbour limits plans for the time being vested in or occupied or administered by the Council as part of the undertaking and occupied wholly or mainly for the purpose of activities there carried on; which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, car parks, sheds, buildings and all other works and conveniences, land and premises, shown for illustrative purposes shaded green on the harbour limits plans;

• “the Harbour Revision Order” means the Cornwall Harbours Harbour Revision Order 20239;

• “land” includes land covered by water;

• “level of high water” means the level of mean high water spring tides;

• “level of low water” means the level of mean low water spring tides;

• “Portreath Harbour Limits Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portreath Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

• “Portscatho Harbour Limits Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portscatho Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

• “Portwrinkle Harbour Limits Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portwrinkle Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond10;

• “undertaking” means the harbours undertaking for the time being of the Council relating to any or all of the harbours;

• “vessel” includes a ship11, boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hydrofoil vessel, or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);

• “watercraft” means any type of craft which—

  1. a

     is capable of moving under its own mechanical power,

  2. b

     is used, navigated or situated wholly or partially in or on water; and

  3. c

     is capable of being used to carry one or more persons,

  but does not include a ship or fishing vessel within the meanings given in section 313(1) of the Act of 1995.

All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

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