On 8 October 2019, Cornwall Council made a formal application to the Marine Management Organisation (“MMO”) under Section 14 of the Harbours Act 1964 for a Harbour Revision Order (“HRO”). If made, The Cornwall Harbours Harbour Revision Order (“the Order”) would consolidate the statutory harbour powers of the harbours of Bude, Newquay, Penryn, Penzance, Prince of Wales Pier in Falmouth, St Ives, and Truro, allowing all seven harbours to be governed under the same legislation. The Harbour Revision Order is subject to 42 days Public Consultation that commenced on 6 September and can be viewed here.
The Order provides for: clarity of the harbour limits, general functions, constitution and governance arrangements of the Cornwall Harbours Board, advisory bodies, application of harbour revenue, establishment of reserve funds and borrowing powers. Powers include a power to dredge, moorings, aids to navigation, repair of landing places, works and dredging licensing and penalties for obstruction of works. The Order also provides for modernised regulatory and management powers including provisions relating to parking places, removal of vehicles and vessels, byelaws, general and special directions.
The Order also includes charging powers including charges other than ship, passenger and goods dues, charges for services or facilities, setting of charges, payment of charges, compounding arrangements and rebates, deposits, liens, exemptions, recovery, consequences of not paying and exemptions.
Miscellaneous modern powers including development of land, grant of tenancies and disposal of land, appropriation of land and works, other commercial activities, delegation of functions, bunkering, disposal of wrecks, unserviceable vessels, obstructions other than vessels, boarding of vessels and vehicles, notices, and savings are all also included within the Order.
To facilitate the above the Order also makes amendments to existing harbour legislation applying at each of the harbours.
This Harbour Revision Order application is linked to the proposed Portreath, Portscatho and Portwrinkle Harbour Empowerment Order, which can be viewed on the Harbour Orders public register.
