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      SCOTTISH STATUTORY INSTRUMENTS

      1999 No. 172

      HARBOURS, DOCKS, PIERS AND FERRIES

      The Macduff Harbour Revision Order 1999

        Made 7th December 1999 
        Coming into force 20th December 1999 


      ARRANGEMENT OF ARTICLES


      PART 1

      PRELIMINARY
      1. Citation and commencement.
      2. Interpretation.

      PART II

      WORKS
      3. Power to carry out works.
      4. Power to deviate.
      5. Subsidiary works.
      6. Obstructing works.
      7. Works to be deemed part of harbour undertaking.
      8. Tidal works not to be executed without approval of Scottish Ministers.
      9. Survey of tidal works.
      10. Provision against danger to navigation.
      11. Abatement of works abandoned or decayed.
      12. Lights on tidal works during construction.
      13. Permanent lights on works.
      14. Period for completion of works.

      PART III

      MISCELLANEOUS
      15. Service of notices.
      16. Crown rights.

      Whereas the Aberdeenshire Council has applied in writing for a harbour revision order under section 14 of the Harbours Act 1964[      1];

           And whereas the Scottish Ministers[2] in pursuance of sub-paragraph (4) of paragraph A2 of Schedule 3 to the said Act[3] notified the Council that the application is not one to which the provisions of sub-paragraph (3) of that paragraph applies;

           Now, therefore, the Scottish Ministers, in exercise of the powers conferred on them by section 14 of the said Act[4] and of all other powers enabling them in that behalf and being satisfied that the making of this order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, hereby make the following Order:



      PART I

      PRELIMINARY

      Citation, commencement and extent
           1.  - (1) This Order may be cited as the Macduff Harbour Revision Order 1999 and shall come into force on 20th December 1999.

          (2) This Order extends to Scotland only.

      Interpretation
                 2.  - (1) In this Order, except where the context otherwise requires-

        "Council" means the Aberdeenshire Council;

        "deposited plan" and "deposited section" mean respectively a plan and section deposited in connection with this Order, two copies of which have been deposited with the Rural Affairs Department at Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY and one copy of which has been deposited at the offices of the Council;

        "government department" includes any part of the Scottish Administration, which shall have the meaning defined in section 126 of the Scotland Act 1998[5];

        "land" includes land covered by water, any interest in land and any servitude or right in, to or over land;

        "level of high water" means the level of mean high water springs;

        "level of low water" means the level of mean low water springs;

        "limits of deviation" means the limits so shown on the deposited plans;

        "tidal work" means so much of any of the works as is on, under or over tidal waters or lands below the level of high water;

        "works" means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to Article 3 (Power to carry out works).

          (2) All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than Article 4 (Power to deviate) of this Order shall be construed as if the words "or thereabouts" were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

          (3) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.



      PART II

      WORKS

      Power to carry out works
           3.  - (1) Subject to the provisions of this Order, the Council may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and section, carry out and maintain the following works in Aberdeenshire, and on the foreshore and bed of the sea adjacent thereto together with all necessary and proper works and conveniences connected therewith or incidental thereto:-

      Work No. 1 A land reclamation and a breakwater extension constructed of reinforced concrete and a rock armour revetment commencing at Point A marked on the deposited plan 25 metres north-east of the fixed point marked on the deposited plan at the north-west corner of Slipway Yard, thence extending west 110 metres to Point B marked on the deposited plan and there terminating, such works to include the demolition and removal of the existing breakwater parapet.
      Work No. 2 A reclamation and reconstruction in the Princes Royal Basin, consisting of a pier and a dry dock, constructed of reinforced concrete within the area shown hatched black on the deposited plan commencing at Point C marked on the deposited plan 17 metres south of the fixed point marked on the deposited plan, thence extending to Points D, E, F, G and H respectively marked on the deposited plan and terminating at Point J marked on the deposited plan 60 metres west of the fixed point marked on the deposited plan.
      Work No. 3 The deepening by means of excavation of the Princess Royal Basin to a depth of 5.2 metres below the level of low water within the area shown cross-hatched black on the deposited plan commencing at Point H marked on the deposited plan 48 metres west of the fixed point marked on the deposited plan and terminating at Point K marked on the deposited plan 233 metres south west of the fixed point marked on the deposited plan.
      Work No. 4A The construction of an underpinning in the Princess Royal Basin of width 1 metre commencing at Point J marked on the deposited plan 60 metres west of the fixed point marked on the deposited plan and terminating at Point K marked on the deposited plan 233 metres south-west of the fixed point marked on the deposited plan.
      Work No. 4B The construction of an underpinning in the Princess Royal Basin of width 1 metre commencing at Point L marked on the deposited plan 36 metres south-west of the fixed point marked on the deposited plan and terminating at Point M marked on the deposited plan 93 metres west-south-west of the fixed point marked on the deposited plan.
      Work No. 4C The construction of an underpinning in the Princess Royal Basin of width 1 metre commencing at Point N marked on the deposited plan 48 metres south-south-west of the fixed point marked on the deposited plan and terminating at Point P marked on the deposited plan 220 metres south-west of the fixed point marked onthe deposited plan.
      Work No. 5 The construction of a spending slope in the Princess Royal Basin, consisting of rock armour stones within the area shown hatched black on the deposited plan commencing at Point R marked on the deposited plan 42 metres south-west of the fixed point marked on the deposited plan and terminating at Point S marked on the deposited plan 33 metres south-south-west of the fixed point marked on the deposited plan, such works to include the demolition of the existing revetment.

          (2) The Council may, within the limits of deviation, maintain, renew, reconstruct and alter temporarily or permanently the works.

          (3) Subject to the provisions of this Order no material dredged at Work No. 3 shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by Scottish Ministers.

      Power to deviate
                 4. Subject to the provisions of this Order, in carrying out the works the Council may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited section to any extent not exceeding 1 metre upwards and to such extent downwards as may be found necessary or convenient.

      Subsidiary works
                 5.  - (1) Subject to the provisions of this Order, the Council may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the works.

          (2) The works shall be deemed for all purposes to be within Aberdeenshire.

      Obstructing works
                 6. Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of or in constructing the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

      Works to be deemed part of harbour undertaking
                 7. The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Council for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Council accordingly.

      Tidal works not to be executed without approval of Scottish Ministers
                 8.  - (1) A tidal work shall not be demolished, constructed, renewed, reconstructed 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 or while work is still in progress.

          (2) If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article-

        (a) the Scottish Ministers may by notice in writing require the Council at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Council it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice; or

        (b) if it appears to the Scottish Ministers urgently necessary to do so, they may themselves remove the tidal work or part of it and restore the site to its former condition,

      and any expenditure incurred by the Scottish Ministers in so doing shall be recoverable from the Council as a debt.

      Survey of tidal works
                 9. The Scottish Ministers may at any time, if they deem it expedient, order a survey and examination of a tidal work or a site upon which it is proposed to construct the work and any expense incurred by them in such a survey and examination shall be recoverable from the Council as a debt.

      Provision against danger to navigation
                 10.  - (1) In the case of injury to or destruction or decay of a tidal work or any part thereof, the Council 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 Council fails to comply in any respect with the provisions of this article, they 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 or decayed
                 11.  - (1) Where a tidal work is abandoned or suffered to fall into decay the Scottish Ministers may by notice in writing require the Council at their 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 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 Council they have 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 Council as a debt.

      Lights on tidal work during construction
                 12.  - (1) During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Council 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 council 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.

      Permanent light on works
                 13.  - (1) After completion of a tidal work the Council shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

          (2) If the Council 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.

      Period for completion of works
                 14. If the works are not completed by 31st December 2010, the powers conferred on the Council for constructing the works under this Order shall cease to have effect except as to so much thereof as is then substantially commenced.



      PART III

      MISCELLANEOUS

      Service of notices
                 15.  - (1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

          (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

          (3) For the purposes of section 7 of the Interpretation Act 1978[      6] as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise-

        (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

        (b) in any other case, his last known address at the time of service.

          (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by-

        (a) addressing it to him by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and

        (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some buildings or object on or near the land.

          (5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

      Crown rights
           16.  - (1) Nothing in this Order affects 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 in this Order authorises the Council or any licensee to take, use, enter upon or in any manner interfere with any land or interests 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)-

        (a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estates Commissioners, without the consent in writing of those Commissioners; or

        (b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.

          (2) A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.


      ROSS FINNIE
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      7th December 1999

      EXPLANATORY NOTE

      (This note is not part of the Order)

      This Order authorises the Aberdeenshire Council as the harbour authority for Macduff harbour to construct works to form a new dry dock providing a repair facility including modifications to the existing slipway and deepening of the Harbour Area. The Order also confers on the Council duties and powers in relation to the authorised works.

      The applicant for the Order is the Aberdeenshire Council, Woodhill House, Westburn Road, Aberdeen.

       [1] 1964 c.40; section 14 and Schedule 3 were amended by the Transports Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14 and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraphs 1 and 10.back

      [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 amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and (12) and by the Transport and Works Act 1992, Schedule 3, paragraph 10; paragraph A2 was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946).back

      [4] The Scottish Ministers are the "appropriate Minister" under section 14(7) of the Harbours Act 1964.back

      [5] 1998 c.46.back

      [6] 1978. c.30back


      ISBN 0 11 059226 3


 



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