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Statutory Instruments of the Scottish Parliament
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Whereas Associated British Ports has applied in writing for a harbourrevision order under section 14 of the Harbours Act 1964[1]; And whereas it appeared to the Secretary of State for the Environment,Transport and the Regions in pursuance of paragraph A2 of Schedule 3 to thesaid Act[2], that the application is made in relation to aproject which falls within Annex II to Council Directive 85/337/EEC on the assessment of the effects of certain public and privateprojects on the environment and whose characteristics require that itshould be made subject to an environmental assessment; And whereas the Secretary of State has directed the applicant toprovide the information referred to in Annex III to the Directive inaccordance with that paragraph; And whereas the Scottish Ministers[3] have complied withthe requirements of paragraph 3, 3A[4] and 4 of Schedule 3 tothe said Act; And whereas an objection to the application was made and not withdrawnand the Scottish Ministers caused an inquiry to be held with respectthereto in terms of paragraph 4 of Schedule 3 to the said Act; And whereas the Scottish Ministers are satisfied as required bysubsection (2)(b) of the said section 14: Now, therefore, the Scottish Ministers in exercise of the powersconferred upon them by section 14 of the said Act, and of all other powersenabling them in that behalf, hereby make the following Order:- Citation, commencement and extent 1. - (1) This Order may be cited as the Associated British Ports (Troon) HarbourRevision Order 2000 and shall come into force on 21st August 2000. (2) This Order extends to Scotland only. Interpretation 2. - (1) In this Order and subject to the provisions of article 3(2) of thisOrder, the words and expressions assigned meanings by Acts wholly or partlyincorporated within this Order shall have those meanings in this Order,and-
(2) Unless the context otherwise requires, any reference in this Order to awork identified by the number of such work shall be construed as areference to the work of that number authorised by this Order.
(ii) the expression "the harbour, dock, or pier" means the works; (iii) the expression "the harbour master" has the meaning given byarticle 2 above; (iv) for the meaning assigned to the word "vessel" by section 3 of the1847 Act there shall be substituted the definition of the word"vessel" contained in article 2(1) above; and (v) section 53 of the 1847 Act shall not be construed as requiring theharbour master to serve upon the master of a vessel a notice in writing ofhis directions but such directions may be given orally or otherwisecommunicated to such master: Provided that a notice which is not in writing shall not be deemed tobe sufficient unless it was not reasonably practicable to serve a writtennotice on the master of the vessel.
Power to carry out works 4. - (1) Subject to the provisions of this Order, A.B. Ports may, in the linesand situations shown on the deposited plan and within the limits ofdeviation and according to the levels shown on the deposited sections,carry out and maintain the following works on the sea bed adjoining theEast Pier in Troon Harbour:- Work No. 1 A jetty head commencing by a connection with the East Pier at a point300 metres from the north western end of that pier, extending 50 metres ina northerly direction and then 20 metres in a north westerly direction andterminating in an adjustable shore ramp running parallel to the East Pierfor a distance of 40 metres supported at its landward end by the jetty headand at its seaward end by an associated supporting structure. Work No. 2 A structure consisting of a row of dolphins and associated walkwaysrunning parallel to the East Pier for a distance of 110 metres in a northwesterly direction from a commencement point 20 metres from the seaward endof the adjustable shore ramp comprised in Work No. 1, and connected to theEast Pier by a walkway at a point 100 metres from the north western end ofthe East Pier. Work No. 3 A piled protective structure adjoining the north western end of theEast Pier on its seaward side and connected to that pier by a walk 15metres in length. (2) Subject to the provisions of this Order A.B. Ports may, within thelimits of deviation, from time to time alter, enlarge, replace, relay,extend or reconstruct temporarily or permanently, the works. (3) The works shall for all purposes form part of the undertaking. Power to carry out subsidiary works 5. Subject to the provisions of this Order A.B. Ports may from time totime within the limits of deviation erect, construct and maintain all suchworks, conveniences, appliances and apparatus as they from time to timedeem necessary or convenient for the purposes of or in connection with orincidental to, the construction and maintenance of the works or theaccommodation of vessels including any necessary alterations to the EastPier. Power to deviate 6. In constructing Works Nos. 1, 2 and 3, A.B. Ports may deviate laterallyfrom the lines or situations shown on the deposited plan to the extent ofthe limits of deviation and may deviate vertically from the levels shown onthe deposited sections to any extent not exceeding three metres upwards andto such extent downwards as may be found necessary or convenient. Power to dredge 7. - (1) For the purposes of affording uninterrupted means of access to theworks and of enabling their use at all states of the tide, A.B. Ports mayfrom time to time deepen, dredge, scour, cleanse, alter and improve achannel within the area shaded grey on the deposited plan to a depth of sixmetres and may (subject to paragraphs (2) and (3) below) as it thinks fituse, appropriate or dispose of the materials from time to time taken up orcollected by it in the course of any such operations. (2) No materials referred to in this article shall-
(b) be deposited below the level of high water except in such places and inaccordance with such conditions and restrictions as may be approved ordirected by the Scottish Ministers.
(3) The power to use, appropriate or dispose of materials referred to inthis article shall not extend to wrecks (within the meaning of Part IX ofthe Merchant Shipping Act 1995[6]) found by A.B. Ports.
(b) if it appears to the Scottish Ministers urgently necessary so to do, hemay remove the tidal work or part of it and restore the site to its formercondition,
and any expenditure incurred by the Scottish Ministers in so doingshall be recoverable from A.B. Ports. Works deemed to be within South Ayrshire 16. So much of any work constructed or placed pursuant to this Order as isnot within the area known as South Ayrshire[7] shall be deemedfor all purposes to be within that area. Limits of Troon Harbour 17. The limits within which A.B. Ports shall exercise jurisdiction asharbour authority at Troon and in which the power of the harbour master maybe exercised shall be the area described in Schedule 1 to this Order. Crown rights 18. - (1) Nothing in this Order shall affect prejudicially any estate, right,power, privilege, authority or exemption of the Crown, and in particularnothing in this Order authorises A.B. Ports to take, use, enter upon or inany manner interfere with any land, hereditaments, or rights of whatsoeverdescription (including any part of the shore or bed of the sea)-
(b) belonging to a government department or held in trust for Her Majestyfor the purposes of a government department without the consent in writingof that government department.
(2) A consent under paragraph (1) above may be given unconditionally orsubject to such conditions and upon such terms as may be considerednecessary or appropriate. The area shown on the deposited plan within the line marked "SeawardLimit of Troon Harbour" together with any quays, docks, piers, jettiesand other works, lands, buildings, wharves and erections at Troon which arefor the time being vested in or occupied or administered by A.B. Ports. EXPLANATORY NOTE (This note is not part of the Order) This Order empowers Associated British Ports to construct and operate anew berth adjoining the existing East Pier at Troon and provides for theextension of the existing limits of the Harbour. The Order also gives Associated British Ports ancillary powers inrelation to the works (articles 8 to 14). The deposited plans and sections of the works, may be inspected duringworking hours at the Office of Associated British Ports, Port Office, Ayr,KA8 8AH. [1] 1964 c.40: section 14 was amended by the Transport Act1981 (c.56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and bythe Transport and Works Act 1992 (c.42), Schedule, paragraph 1.back [2] Schedule 3 as amended by the Transport Act 1981, section18 and Schedule 6, paragraphs 4(2) to (7) and (12) and by the Transport andWorks Act 1992, Schedule 3, paragraph 10. Paragraph A2 was inserted by theHarbour Works (Assessment of Environmental Effect) (Amendment) Regulations1996 (S.I. 1996/1946).back [3] The functions of the Secretary of State were transferredto the Scottish Ministers by virtue of section 53 of the Scotland Act 1998(c.46).back [4] Paragraph 3A was inserted by the Harbour Works (Assessmentof Environmental Effects) Regulations 1998 S.I. 1998/1336 and were extendedto Scotland by the Harbour Works (Assessment of Environmental Effects) 1992S.I. 1992/1421 and amended by S.I.1996/1946.back [5] 1847 c.27(10 & 11 vict.)back [7] See section 1 of and Part I of Schedule 1 to the LocalGovernment etc. (Scotland) Act 1994 (1994 c.39).back
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