Dunbar Harbour Byelaws
Dunbar Harbour Trust, in exercise of the powers conferred on it by section 83 of the Harbours, Docks and Piers Clauses Act 1847 and Article 4(8) of the Dunbar Harbour Revision (Transfer) Order, Scottish Statutory Instrument No. 421 of 2004 hereby makes the following byelaws.
1.1 Title and commencement
These byelaws may be cited as the Dunbar Harbour Byelaws 2004 and shall come into operation on the expiration of 28 days from the date of confirmation thereof by the Scottish Ministers.
1.2 Application
These byelaws shall apply to the Harbour area and the Port Limits area as defined in byelaw 1.3 hereof.
1.3 Interpretation
In these byelaws, unless the context otherwise requires, the following words or expressions have the meanings hereby respectively assigned to them:
1.3.1 "Master" shall include owners, charterers, licensees, any authorised agent of the Master or other person for the time being having the command, charge or management of the Vessel. It shall at no time include the Trust;
1.3.2 "the Trust" means Dunbar Harbour Trust and their successors, with whom the management and ownership of the Harbour and the area within the Port Limits are vested;
1.3.3 "Berthed" when used in relation to a Vessel means secured to a pier, quay, jetty wall, bank, pontoon, stage or dolphin, or to any other Vessel so secured;
1.3.4 the "Harbour" comprises the Victoria Harbour, the Broadhaven Harbour, the Cromwell Harbour and includes the quaysides, jetties, slipways, berthings and mooring facilities, the buildings, car parks, boat parking and storage areas and all other facilities and services on land and on water;
1.3.5 the "Harbour Master" means the person appointed as such by the Trust and includes deputes, assistants and any other person for the time being authorised by the Trust to act, either generally or for a specific purpose, in the capacity of Harbour Master;
1.3.6 The "Port Limits" extend beyond the Harbour from its entrance and consists of the area within the following co-ordinates:-
1.3.6.1 Westwards from 367565(E) 679275(N);
1.3.6.2 Northwards to Boy's Bus and Wallace's Head to 367380(E) 379650(N);
1.3.6.3 Eastwards to 367650(E) 679750(N) and 368000(E) 679750(N); and
1.3.6.4 Southwards to 368000(E) 679374(N).
1.3.7 "Vehicle" includes any Vehicle propelled on rails, any machinery on wheels or caterpillar tracks, caravans and mobile homes and includes a hovercraft or any other amphibious Vehicle; and
1.3.8 "Vessel" means a ship, boat, raft, sailing Vessel or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submerged in water (whether permanently or temporarily) and a hovercraft or any other amphibious Vehicle.
2.1 All Vessels are to be maintained in a seaworthy condition.
2.2 No person shall loiter within the Harbour and/or Port Limits and all persons shall, when ordered by the Harbour Master or a police constable, leave the same.
2.3 All Vessels used in the pursuit of commercial gain shall be fit for purpose and hold licence and/or certification suitable for purpose. Such licence/ certification must be submitted to the Trust with application to trade or operate before commencement of such trade or operation.
2.4 Masters must abide by and conform with all Health & Safety regulations which are in force from time to time.
2.5 It is the duty of Masters to ensure that crew and any workers on their Vessels have received suitable training and are sufficiently skilled to carry out the required work. All work done in the Harbour must be carried out in compliance with the Health & Safety at Work Act 1974 and any regulations made thereunder.
2.6 The Master must further ensure that there are sufficient crew or other competent persons available to allow the Vessel to be safely navigated and moored within the Harbour.
2.7 Within 24 hours after the arrival within the limits of the Harbour of any Vessel liable to rates, the Master of such Vessel shall report such arrival to the Harbour Master.
2.8 The Master of every registered Vessel shall, on demand, produce the certificate of such Vessel to the Trust.
2.9 All Vessels must be equipped with adequate fire fighting equipment as recommended by the Royal Yachting Association and the Department of Trade and Industry in the R.Y.A. Publication G9 or as required by law.
2.10 All persons using the Harbour are obliged to comply with the laws referred to in 2.9 above, and in addition all persons using the Harbour are obliged to comply with all Health and Safety Notices and Statutory and Advisory Notices.
2.11 CCTV cameras are operated at this Harbour and will be used as evidence, if required, during any prosecution under these byelaws.
3.1 Outside contractors
Work on Vessels by outside contractors is not permitted without the permission of the Trust. All work in the docks must be carried out in accordance with Health and Safety At Work Act 1974 and any regulations made thereunder.
3.2 Age
The minimum age for a person to be accepted for Vessel mooring/slipped or launched within the Harbour or Port Limits shall be 16 years of age. Any person using a Vessel under the age as specified above, must do so under the direct supervision of the Master. The Master shall be held responsible for any damage or nuisance created under his charge. In addition all slipped or launched Vessels shall be covered by a policy of insurance as specified in byelaw 9.2.
3.3 Restrictions of use
3.3.1 No part of the Harbour or Port Limits or the Vessel shall be used by any person for the purposes of trading, or other commercial purpose, except with the written consent of the Trust, which may be withheld at the Trust's sole discretion. "Trading" shall include but is not restricted to the buying or selling of goods or property.
3.3.2 No lobster / crab creels shall be set or soaked within the confines of the Harbour or Port Limits at any time.
3.3.3 The landing of fishing bait or undersize fish within the Harbour is not permitted.
3.3.4 Digging for fishing bait is not permitted anywhere within the confines of the Harbour.
3.3.5 Swimming, diving, skin diving, bathing and other such activities are expressly forbidden within the Harbour, or its approaches, unless authorised for a specific purpose by the Trust.
3.3.6 Vessels must not be used for permanent residential purposes.
3.4 Abandonment
3.4.1 No person shall abandon a Vessel within the Harbour or the Port Limits.
3.4.2 For the purposes of paragraph 3.4.1 of this byelaw, a person is deemed to abandon a Vessel if that person leaves a Vessel within the Harbour or the Port Limits, in such circumstances or for such a period that he may reasonably be assumed to have abandoned it unless the contrary intention is shown.
3.4.3 If any Vessel abandoned within the Harbour or Port Limits or deemed to be abandoned within the Harbour or Port Limits is or becomes a danger or obstruction to navigation, then the Harbour Master may direct that Vessel to be removed, or if ownership is not readily apparent, may arrange for the removal and destruction of that Vessel and charge the owner with the costs of that removal.
4. BERTHING/MOORING/ANCHORING OF VESSELS & PARKING OF VEHICLES
4.1 Tenders may not be left in the water or on the quaysides, jetties, slipways or pontoons when not in use but must be stowed aboard the parent Vessel unless a berth is separately provided or an area for the parking of tenders is designated by the Trust.
4.2 Vessels on moorings shall be allowed to keep a tender within the confines of the Harbour for the purposes of access and egress from their Vessel with no additional charge to that of the main Vessel. All other Vessels are required to submit for permission to moor and pay mooring charges as set by the Trust or have a waiver of such charges if passed by the Trust.
4.3 Trailers and Cradles
4.3.1 All trailers and cradles used for wintering of Vessels on hard standing within the confines of the land managed by the Trust shall be removed by the Master when not in use, unless authorised otherwise by the Trust.
4.3.2 Only trailers used for daily launchings will be allowed to park on the Harbour piers or ground during the period whilst the Vessel is launched. Trailers parked under this rule must be parked safely and securely without nuisance to others, in the area designated by the Trust or Harbour Master. Exceptions to this rule must be authorised by the Harbour Master or allowed in the event of an emergency.
4.4 No items such as Vessels, gear, fittings or equipment, supplies, stores or the like shall be left on the quaysides, walkways, jetties, slipways, pontoons or car parks without the written permission of the Trust.
4.5 The Vessel shall be berthed or moored by the Master in such a manner and position as the Trust may require and the necessary warps and fenders shall be provided by the Master. Berths may be rented calculated by reference to the Trust's published charges.
4.6 No person shall make a Vessel fast to any post, quay, ring, fender, rope or any other thing or place not assigned for that purpose.
4.7 The Trust requests berthholders to assist in the maintenance of adequate security within the Harbour by securely locking their Vessels when not in use and storing below, where possible, valuable equipment. All berthholders are also requested to assist in maintaining a high level of security by reporting any suspicious circumstances to the Harbour Master, the police or the Trust.
4.8 All persons are required to park their Vehicles, securely in such a position and manner as shall, from time to time, be directed by the Harbour Master, the police or the Trust.
4.9 Vessels allocated a mooring should provide their own moorings and risers if not already provided by the Trust. Such moorings and risers to be suitable for the Vessel and position. Any doubts on suitability of such items should be referred to the Harbour Master before laying such. No mooring shall be laid within the Harbour, nor use of existing moorings be made without the permission of the Trust or Harbour Master. All Vessels to be moored independently fore and aft.
4.10 No Vessel can remain in the Harbour for more than 28 days without the written approval of the Trust.
4.11 The right to moor within the Harbour cannot be sold or transferred with the Vessel to a new owner without the permission of the Trust. The owner or Master of any Vessel wishing to sell a Vessel with a transfer of mooring MUST have prior agreement from the Trust or Harbour Master BEFORE the transaction takes place. Fully paid up harbour dues do not give an automatic right of transfer of mooring from the owner or Master to another party.
4.12 Any sale of a Vessel allocated a mooring within the Harbour must be notified to the Trust or Harbour Master as soon as possible thereafter. Should an owner or Master wish to retain his mooring after sale of his Vessel, he must obtain prior approval from the Trust or Harbour Master to moor any new Vessel.
4.13 No Vessel shall be launched or placed within the Harbour without either payment of a day launch permit or the submission to and acceptance by the Trust of a mooring application form. Any violation of this rule may result in the Vessel being removed by the Trust and any costs incurred in so doing being charged to and recovered from the owner or Master.
5.1 Petrol and other inflammable substances shall not be stored on a Vessel except in a receptacle specifically designed for such purposes.
5.2 No chemicals should be stored at any time on the Harbour quayside unless the Master is given prior consent by the Harbour Master. Any such request to store such chemicals must also be referred to the Trust and, if granted, will have restrictions of time and security imposed.
5.3 Smoking and naked lights are strictly forbidden in the refuelling area. Engines must be switched off while refuelling.
5.4 A person shall not navigate any Vessel in the Harbour or within the Port Limits whilst under the influence of alcohol or drugs.
5.5 A speed limit of three knots applies to all Vessels under power within the Harbour and Harbour entrance. No Vessel shall be navigated at a speed or in such a manner as to endanger or inconvenience other Vessels.
6.1 No refuse, litter or other foreign material shall be disposed of within the Harbour or Port Limits in any way other than in receptacles provided by the Trust.
6.2 No person shall deposit or throw into the waters of the Harbour or Port Limits any rubbish or other material whatsoever or place it in a position such that it may fall, blow or drift into the Harbour or Port Limits.
6.3 Refuse, galley waste, effluent and sewage must not be discharged in the Harbour or Port Limits at any time. Toilets not connected to a sewage holding tank must not be used within the confines of the Harbour or Port Limits.
6.4 Oil, fuel or foul bilge must not be discharged into the Harbour or Port Limits. No Master shall allow discharge of bilge water within the Harbour or Port Limits confines if that bilge water is contaminated, for example, with diesel or engine oil.
6.5 The Harbour and Port Limits is subject to the Control of Pollution Act 1974, the Dumping at Sea Act 1974, the Preservation of Oil Pollution Act 1971 and any regulations made pursuant to any of these Acts. Masters and users of the Harbour and Port Limits will be accountable in full for any breaches of these Acts and regulations made thereunder.
7.1 Masters are requested not to bring dogs, other animals or pets into the Harbour. In the event of the Master finding it necessary to do so he shall ensure that the animal is kept under strict control within the confines of the Harbour.
7.2 All dogs must be controlled and kept on leads within the Harbour. Any fouling of the piers, grassed areas or ground must be cleared up by the Master immediately and placed in the bins provided for this use.
7.3 All persons are required to behave in a safe and responsible manner such that they do not cause damage to the property of others or create hazards to public safety.
7.4 Engines, radios or other apparatus or machinery shall not be operated within the Harbour or Port Limits so as to cause nuisance or annoyance to the Trust, to any other users of the Harbour or Port Limits or any person residing in the vicinity of the Harbour and Port Limits.
7.5 Every effort must be made to minimise noise from halyards and rigging. All Vessels to be derigged on hardstanding.
8.1 The Trust shall not be liable for any loss, theft, or any damage of whatsoever nature caused to any Vessel or Vehicle or other property of the Master or others claiming through the Master. All persons visiting or using any part of the Trust's premises or facilities within the Harbour or Port Limits for whatever purpose do so at their own risk. The Trust shall not be liable for any injury or damage to persons visiting or using any part of the Trust's premises or facilities within the Harbour or Port Limits for whatever purpose unless any injury or damage to that person or property sustained within the Harbour or Port Limits was caused or resulted from the negligence or wilful act of the Trust or those for whom the Trust are responsible.
8.2 Masters will be responsible for the conduct of and fully accountable for any loss, injury, damage, or nuisance caused by or committed by their crew members, agents or guests while on board the Vessel or on duty within the Harbour and Port Limits.
9.1The Master shall indemnify the Trust against all loss, damage, costs, claims or proceedings incurred by, or instituted against the Trust or their servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs, claims, or proceedings was caused by the negligence or wilful act of the Trust or those for whom the Trust is responsible.
9.2 The Master shall insure his Vessels and Vehicles adequately against loss or damage howsoever caused and shall maintain third party insurance in respect of himself and each of his Vehicles and Vessels, his crew for the time being, and his agents, visitors, guests and sub-contractors in a sum of not less than £1,000,000 in respect of each accident or damage. The Master shall also ensure that there is adequate salvage insurance in place in respect of each Vessel. Such insurance shall be effected and maintained in an insurance office of repute and the Master shall produce the policy or policies relating thereto to the Trust on demand. Failure to make such a production may result in a fine or revocation of the Vessel's harbour licence, such measures being at the discretion of the Harbour Master.
10.1 All Vessels, Vehicles, trailers or other equipment in or on the Trust's Harbour or within the Port Limits may be moved by the Trust to any other part of the Harbour or Port Limits or as they see fit.
10.2 The Master of a Vessel shall, so far as may be required by the Harbour Master in the exercise of his duties, afford the Harbour Master access to any part of the Vessel and provide all reasonable facilities for its inspection and examination.
10.3 The Harbour Master may enter into any Vessel within the Harbour or Port Limits to search for any fire or light in or suspected to be in such Vessel, and may extinguish the same.
10.4 The Trust shall have the right to moor, re-berth, board, enter or carry out any emergency work on a Vessel if, in the Trust's opinion such action be necessary for the general safety or convenience of the Vessel or for the general safety or convenience of other users of the Harbour and Port Limits, or to avoid pollution, or for the safety of the Trust's premises, plant and equipment. The Master shall pay the Trust's charges for such action.
10.5 In view of the proximity of rabies on the Continent of Europe the Trust may, at any time and without prior notice, require that all dogs and other animals are removed from the Harbour and Port Limits. No animal which has been outwith the United Kingdom within the previous six months may be brought into the Harbour or within the Port Limits.
Masters are permitted to carry out normal maintenance work on their Vessel in the Harbour and within the Port Limits.
12.1 First time applicants to moor within the Harbour must pay their first year's mooring fee in advance of placing the Vessel on the mooring.
12.2 All monies due to the Trust will be paid in full upon falling due.
13 NOTIFICATION OF SAFETY BREACHES
The Master of a Vessel which -
(a) has been involved in a collision with any Vessel or property, or has been sunk or grounded or become stranded within the Harbour or Port Limits; or
(b) by reason of accident, fire, defect or otherwise, is in such condition as to affect its safe navigation or to give rise to danger to other Vessels or property; or
(c) in any manner gives rise to an obstruction to a fairway; or
(d) has discharged any pollutant or noxious substance; or
(e) has jettisoned or lost any object which potentially obstructs the fairway; or
(g) has experienced a "near miss" which could have resulted in any of the incidents in (a) to (e) above or any other incident with potentially serious consequences; or
(h) has sustained damage outside the Harbour and Port Limits which affects or is likely to affect its seaworthiness, or from which oil is escaping or likely to escape, or is likely to become a navigation hazard, endanger, or compromise the safety of the Harbour or Port Limits; shall, as soon as reasonably practicable, report the occurrence to the Harbour Master (and as soon as practicable thereafter) provide the Harbour Master with full details in writing. Where the damage to the Vessel is such that it affects, or is likely to affect, its seaworthiness, the Master shall not move the Vessel except to clear the fairway or to moor or anchor in safety, otherwise than with the permission and in accordance with the directions of the Harbour Master.
14.1.1 The Trust with consideration to legal process, and without prejudice to other rights in respect of breaches of the byelaws, shall have the right to terminate the permit to operate issued to a Master of a Vessel, and/or the Master's right to moor within the Harbour or Port Limits. The Trust shall consider the right to proceed before a court of summary jurisdiction if a Master fails to remedy a breach of the byelaws. The Trust may, with consideration to circumstances, offer the Master the opportunity to remedy a breach of the byelaws with a Notice specifying the breach of the byelaws and requesting that the Master remedy such breach within 14 days. If the Master fails to remedy the breach within this time, a further Notice of 14 days will be given by the Trust. At the termination of this additional period of 14 days, the Trust will have the right to remove the Vessel from the Harbour, secure it elsewhere, and charge the Master with all costs arising out of such removal including alternative fees.
14.1.2 The Trust will have the right to proceed before a court of summary jurisdiction if a Master of a Vessel fails to remedy a breach of byelaws under byelaw 14.1.1 or if the Master and/or Vessel absconds from the Harbour or Port Limits, and to pursue the Master for costs arising out of such actions.
14.1.3 Any person who contravenes or otherwise fails to comply with any of these byelaws or any condition, requirement or prohibition imposed by the Trust or the Harbour Master in the exercise of the powers conferred upon them or him by these byelaws shall be guilty of an offence and be liable, on conviction before a court of summary jurisdiction, to a fine not exceeding level 4 on the standard scale.
14.1.4 The byelaws will be enacted and enforced by the Harbour Master unless otherwise stated. Any person who is aggrieved by the actions of the Harbour Master and/or the conditions imposed by the byelaws, has the right to appeal in writing to the Trust.
14.2 When the commission by any person of an offence under these byelaws is due to the act or default of some other person, that other person shall be guilty of an offence, and that other person may be charged with, and convicted of, the offence by virtue of this byelaw whether or not proceedings for the offence are taken against any other person.
14.3 In any proceedings for an offence under these byelaws, it shall be a defence for the person charged to prove:-
(a) That he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or
(b) That he had reasonable excuse for his act or failure to act.
14.4 If in any case the defence provided by paragraph 14.3 of this byelaw involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without the leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.