- aids to navigation
includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;
- Beacon E
means the point on the Outer Breakwater at Latitude 50° 34.8' N, Longitude 002° 24.8' W;
- charges
means the charges, rates, tolls and dues which the Company are for the time being authorised to demand, take and recover in relation to the harbour undertaking;
- dredging licence
means a licence granted under article 34 of this Order;
- exempt person
means— (a) any person in the service of— (a) Her Majesty’s naval, military or air forces;
- exempt vessel
means any vessel belonging to or used by an exempt person;
- fairway
means either of the main fairways or any other area designated as a fairway by the Company in a general direction;
- general direction
means a direction given under article 16 of this Order;
- goods
includes vehicles and equipment.
- harbour dues
means ship, passenger and goods dues which the Company may demand under section 26 of the Harbours Act 1964.
- hovercraft
means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;
- mooring
includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels.
- person responsible
means—
- personal watercraft
means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either— (a) by means of a handlebar-operated linkage system (with or without a rudder at the stern);
- plans
includes sections, descriptions, drawings, specifications and method statements and other such particulars;
- pleasure craft
means any vessel which has a passenger certificate issued by the Secretary of State pursuant to regulations under sections 85 and 86 of the Merchant Shipping Act 1995 or which is licensed by the Council under section 94 of the Public Health Acts Amendment Act 1907.
- power boat
means a power-driven vessel of less than 10 metres in length.
- power-driven vessel
includes any vessel propelled by machinery;
- property
means any property whether real or personal;
- quay
means any quay, wharf, jetty, dolphin, landing stage or other structure used for berthing or mooring vessels, and includes any pier, bridge, roadway or footway immediately adjacent and affording access thereto;
- relevant feature
means any landing place, jetty, embankment, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than one under the control or management of the Company.
- seaplane
includes a flying boat and any other aircraft designed to manoeuvre on water but not a hovercraft or hydrofoil vessel;
- signals
includes sound signals.
- small vessel
means a vessel of less than 20 metres in length;
- special direction
means a direction given under article 18 of this Order;
- specified work
means so much of any permanent or temporary work or operation authorised by or under this Order (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is situated in, on, under, over or within 16 metres of the scheme;
- statutory undertaker
means— (a) any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990;
- the Acoustic Range Building
means the building located on the seaward side of the Northern Arm at Latitude 50° 35.97' N, Longitude 002° 26.6' W (150 metres north-west of the Vernon Building);
- the Act of 1847
means the Harbours, Docks and Piers Clauses Act 1847;
- the Admiralty Charts
means the Admiralty Charts for Portland Harbour and its approaches published at the date of this Order coming into force and numbered 2255 and 2268;
- the breakwaters
means the Inner Breakwater, the Outer Breakwater, the North-eastern Breakwater and the Northern Arm;
- the Collision Regulations
means regulations for the prevention of collisions made under sections 85 and 86 of the Merchant Shipping Act 1995;
- the Company
means Portland Port Limited (which is registered in England and Wales with the number 3002686);
- the controlled area
means the area of water within the inner harbour bounded by the following imaginary line— (a) drawn 325° (true) for 1,050 metres from the eastern extremity of the Inner Breakwater;
- the Council
means the Weymouth and Portland Borough Council;
- the Grove Point Building
means the building co-located with the Coastguard Building located at Latitude 50° 32.9' N, Longitude 002° 25.1' W;
- the harbour
means so much of the sea to the south of Weymouth Bay below the level of high water as is within the following imaginary straight lines:— (a) a line drawn east (true) from a point at Latitude 50° 36.42' N, Longitude 02° 26.50' W (the Nothe Point, Weymouth) to a point at Latitude 50° 36.42' N, Longitude 02° 23.84' W, being coterminous with the southern limit of Weymouth Harbour;
- the harbour master
means any person appointed as such by the Company, and includes his duly authorised deputies and assistants and any other person for the time being authorised by the Company to act, either generally or for a specific purpose, in the capacity of harbour master;
- the harbour premises
means the docks, quays, piers, wharves, berths, breakwaters, landing places, roads, bridges, sheds and all other works and conveniences, land and premises at any time used, intended to be used or set aside for the purposes of, or in connection with, the harbour undertaking;
- the harbour undertaking
means the undertaking of the Company authorised by this Order;
- the harbour, dock, or pier
shall mean the harbour, the breakwaters and those docks, piers, berths, quays, landing places and wharves forming part of the harbour premises;
- the inner harbour
means that part of the harbour which is enclosed by the breakwaters, and includes the breakwaters;
- the level of high water
means the level of mean high-water springs;
- the main fairways
means— (a) the fairway known as the North Ship Channel, being an area seaward from the entrance to the inner harbour between two lines of true bearing 036° from “C” Head Light and 090° from “B” Head Light to a distance of 600 metres and inward from the entrance to the inner harbour between two lines of true bearing 260° from “C” Head Light and 210° from “B” Head Light to a distance of 600 metres;
- the outer harbour
means that part of the harbour which does not comprise the inner harbour;
- the prohibited area
means the area of water within 100 metres of the level of high water between a point north of the Lattice Tower at Latitude 50° 34.22' N, Longitude 002° 27.5' W and a point at Latitude 54° 34.09' N, Longitude 002° 26.8' W (the eastern boundary of the flight path for the Royal Naval Air Station, Portland);
- the restricted area
means the area of water within the following imaginary lines— (a) a line drawn from a point on the shore at Latitude 50° 34.20' N, Longitude 002° 27.15' W to a point at Latitude 50° 34.70' N, Longitude 002° 26.78' W (“point A”);
- the scheme
means that part of the Portland Sea Defence Scheme which comprises an open trapezoidal drain discharging into the harbour and an outfall into the harbour by way of three culverts.
- the special Act
means this Order, the expression “the undertakers” means the Company and the expression “the harbour, dock, or pier” shall mean the harbour, the breakwaters and those docks, piers, berths, quays, landing places and wharves forming part of the harbour premises;
- the Trinity House
means the Corporation of Trinity House of Deptford Strond;
- the undertakers
means the Company and the expression “the harbour, dock, or pier” shall mean the harbour, the breakwaters and those docks, piers, berths, quays, landing places and wharves forming part of the harbour premises;
- the Vernon Building
(formerly the Admiralty Magnetic and Calibration Station) means that building located on the Northern Arm at Latitude 50° 35.93' N, Longitude 002° 26.48' W;
- the Vernon Building Jetty
means the jetty on the seaward side of the Northern Arm adjacent to the Vernon Building;
- the Vernon Landing Stage
means the landing Stage on the landward side of the Northern Arm adjacent to the Vernon Building.
- tidal work
means so much of any work as is on, under or over tidal waters or land below the level of high water;
- Torpedo Pier Light
means the light on the south-east corner of Torpedo Pier located at Latitude 50° 35.94' N, Longitude 002° 26.75' W;
- vehicle
includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;
- vessel
means a ship, boat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);
- Weymouth Harbour
means the tidal inlet of the sea known as Weymouth Harbour and so much of the area seaward thereof as is referred to in section 8 of the Weymouth and Melcombe Regis Corporation Act 1887, together with the area described in the Schedule to the Weymouth and Portland Harbour Revision Order 1993;
- whistle
means any vessel’s whistle or siren.
- wholly-owned subsidiary
has the meaning given by section 736 of the Companies Act 1985.
- windsurfer
means a board with a sail or sails designed to be operated by a person or persons standing upright on it;
- works
means works of any description and includes the reclamation of land reasonably required for the purpose of executing works;
- works licence
means a licence granted under article 33 of this Order.