The Able Marine Energy Park Development Consent Order 2014
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Change 1
8 Jurisdiction of the Harbour Authority
(1) Regardless of the functions of AB Ports exercisable within its limits, the Company is to be the harbour authority for the area of jurisdiction. (2) Regardless of any provision of the 1847 Act as incorporated by article 3 (incorporation of the 1847 Act), the area within which the Harbour Authority and the dockmaster may exercise their functions under this Order is to be the area of jurisdiction. (3) The jurisdiction of the Harbour Authority over vessels within the area of jurisdiction does not extend to— (a) any vessel unless it is at anchor or otherwise moored or is causing an obstruction within the area of jurisdiction; or (b) signalling or any other activity connected with the movement of the vessel. (4) Where any person referred to in paragraph (5)(a) considers that there is an actual or anticipated conflict between— (a) the exercise of any function of any person mentioned in paragraph (5)(a); and (b) the exercise of any function of any person mentioned in paragraph (5)(b), then that person may give notice to the relevant person in paragraph (5)(b). (5) The persons referred to in paragraph (4) are— (a) AB Ports, C.RO and the harbour master; and (b) the Harbour Authority and the dockmaster. (6) The notice referred to in paragraph (4) must set out any requirements concerning the exercise of the relevant function by the relevant person mentioned in paragraph (5)(b). (7) The requirements referred to in paragraph (6) may— (a) make general provision in relation to the exercise of functions over time; or (b) make specific provision about the exercise of a particular function or functions on a particular occasion. (8) If— (a) a notice sets out requirements falling within paragraph (7)(a) it must be made in writing; and (b) a notice sets out requirements falling within paragraph (7)(b) it may be made in writing or in any other manner considered appropriate by the person giving the notice. (9) On receipt of a notice given under paragraph (4), the recipient of the notice must comply with the notice. (10) Except where expressly provided elsewhere in this Order, no person mentioned in paragraph (5)(b) is obliged to seek any permission or otherwise notify any person mentioned in paragraph (5)(a) prior to exercising any function. (11) Subject to the requirements of any notice given under paragraph (4), the functions of the Harbour Authority and the dockmaster must be exercised in accordance with Part 1 of Schedule 9 (for the protection of the Humber Conservancy) and Part 6 of Schedule 9 (for the protection of C.RO).
8 Jurisdiction of the Harbour Authority
(1) Regardless of the functions of AB Ports exercisable within its limits, the Company is to be the harbour authority for the area of jurisdiction. (2) Regardless of any provision of the 1847 Act as incorporated by article 3 (incorporation of the 1847 Act), the area within which the Harbour Authority and the dockmaster may exercise their functions under this Order is to be the area of jurisdiction. (3) The jurisdiction of the Harbour Authority over vessels within the area of jurisdiction does not extend to— (a) any vessel unless it is at anchor or otherwise moored or is causing an obstruction within the area of jurisdiction; or (b) signalling or any other activity connected with the movement of the vessel. (4) Where any person referred to in paragraph (5)(a) considers that there is an actual or anticipated conflict between— (a) the exercise of any function of any person mentioned in paragraph (5)(a); and (b) the exercise of any function of any person mentioned in paragraph (5)(b), then that person may give notice to the relevant person in paragraph (5)(b). (5) The persons referred to in paragraph (4) are— (a) AB Ports, C.RO and the harbour master; and (b) the Harbour Authority and the dockmaster. (6) The notice referred to in paragraph (4) must set out any requirements concerning the exercise of the relevant function by the relevant person mentioned in paragraph (5)(b). (7) The requirements referred to in paragraph (6) may— (a) make general provision in relation to the exercise of functions over time; or (b) make specific provision about the exercise of a particular function or functions on a particular occasion. (8) If— (a) a notice sets out requirements falling within paragraph (7)(a) it must be made in writing; and (b) a notice sets out requirements falling within paragraph (7)(b) it may be made in writing or in any other manner considered appropriate by the person giving the notice. (9) On receipt of a notice given under paragraph (4), the recipient of the notice must comply with the notice. (10) Except where expressly provided elsewhere in this Order, no person mentioned in paragraph (5)(b) is obliged to seek any permission or otherwise notify any person mentioned in paragraph (5)(a) prior to exercising any function. (11) Subject to the requirements of any notice given under paragraph (4), the functions of the Harbour Authority and the dockmaster must be exercised in accordance with Part 1 of Schedule 9 (for the protection of the Humber Conservancy) and Part 6 of Schedule 9 (for the protection of C.RO).
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