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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Lerwick Harbour Revision Order 2007 No. 284 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070284.html |
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| Made | 27th April 2007 | ||
| Coming into force | 28th April 2007 |
| 1. | Citation, commencement and extent |
| 2. | Interpretation |
| 3. | Power to construct works |
| 4. | Power to renew, etc. works |
| 5. | Power to deviate |
| 6. | Subsidiary works |
| 7. | Fine for obstructing works |
| 8. | Tidal works not to be executed without approval of the Scottish Ministers |
| 9. | Lights on tidal works during construction |
| 10. | Permanent lights on tidal works |
| 11. | Survey of tidal works |
| 12. | Provision against danger to navigation |
| 13. | Abatement of works abandoned and decayed |
| 14. | Crown Rights |
(2) All areas, dimensions, directions, distances, lengths, points, situations and other measurements stated in any plan or description of the works, powers or lands shall be construed as if the words "or thereby" were inserted after each such area, dimension, direction, distance, length, point, situation and other measurement.
(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Work No. 2 A reclamation of an area of seabed being an area shown coloured blue on the deposited plan of Work No. 2 being an area enclosed by an imaginary line commencing at a Point E (1144569N, 447192E) where the new works meet the toe of the existing revetment at the north east corner of the Greenhead Base and travelling a distance of 43 metres in a generally north north east direction to Point F (1144607N, 447213E), then 298 metres in a generally north by east direction to Point G (1144899N, 447269E), then 78 metres in a generally west north west direction to terminate at Point H (1144935N, 447200E), where the new works meets the shoreline at Greenhead.
Power to renew, etc. works
4.
Subject to the provisions of this Order the Authority may, within the limits of deviation, renew, replace or otherwise alter temporarily or permanently the works.
Power to deviate
5.
Subject to the provisions of this Order, in the construction or execution of the works the Authority may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be necessary or convenient.
Subsidiary works
6.
Subject to the provisions of this Order the Authority, for the purposes of or in connection with the works, may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with the works.
Fine for obstructing works
7.
Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of the works or who damages, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and shall in addition be liable to repay to the Authority as a debt any expenses incurred by them in making good any damage resulting from such obstruction, damage, moving or removal.
Tidal works not to be executed without approval of the Scottish Ministers
8.
—(1) A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Scottish Ministers and subject to any conditions and restrictions imposed by the Scottish Ministers before the work is begun.
(2) If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this article–
and any expenditure incurred by the Scottish Ministers in so doing shall be recoverable from the Authority as a debt.
Lights on tidal works during construction
9.
—(1) During the whole time of demolition, construction, renewal or alteration of any tidal work the Authority shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
(2) If the Authority fails to comply in any respect with paragraph (1) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
10.
—(1) After the completion of a tidal work the Authority shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
(2) If the Authority fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Survey of tidal works
11.
The Scottish Ministers may at any time they deem it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by them in such survey or examination shall be recoverable from the Authority.
Provision against danger to navigation
12.
—(1) In case of injury to or destruction or decay of a tidal work or any part thereof the Authority shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
(2) If the Authority fails to comply with the provisions of this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned and decayed
13.
—(1) Where a tidal work is abandoned or suffered to fall into decay the Scottish Ministers may by notice in writing require the Authority at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Scottish Ministers think proper.
(2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over the land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Scottish Ministers may include that part of the work, or any portion thereof, in any notice under this article.
(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Authority it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing shall be recoverable from the Authority as a debt.
Crown Rights
14.
—(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Authority to take, use, enter upon or in any manner interfere with any land or interest in land, or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)–
(2) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions.
ALASTAIR WILSON
A member of the staff of the Scottish Executive
Victoria Quay, Edinburgh
27th April 2007
[2] The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
[3] Schedule 3 was substituted by regulation 15(4) of the Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445).back
[4] O.J. No. L 175, 5.7.85, p.40; Council Directive 85/337/EEC was amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5).back
[5] Local Government etc. (Scotland) Act 1994, section 1(2)and column 1 of part 1 of Schedule 1.back
