Provisional Orders (No. 2). A.D. 1924. by the Commissioners out of the dues or other income of the Commissioners. Teignmouth Harbour. Limits of harbour. Power to dredge. 12. This Order shall be put in force within the present limits of the harbour of Teignmouth which limits extend from the boundary stone marked T.H.B. on the beach in the parish 5 of Teignmouth and the ecclesiastical parish of East Teignmouth about one hundred yards east of the lighthouse to the boundary stone at the foot of the Ness in the parish of Saint Nicholas also marked T.H.B. and comprise all places between those points so far as the tide flows and the River Teign and all places within 10 the navigation of the River Teign as high as the first lock of the Stover Canal the aforesaid limits being indicated by the red lines marked on the map or plan signed by the Minister of Transport whereof one copy having been deposited at the offices of the Ministry of Transport another copy shall be deposited at 15 the offices of the Board of Trade another copy with the clerk of the urban district council of Teignmouth another copy with the clerk of the urban district council of Newton Abbot another copy with the clerk of the rural district council of Newton Abbot and another copy at the offices of the Commissioners Provided 20 that in case of any discrepancy between the limits delineated on the said map or plan and the limits described in this section the said map or plan shall be deemed to be correct and shall prevail. 13.-(1) The Commissioners may deepen dredge scour and 25 excavate any portion of the harbour and of the foreshore and the bar at the mouth of the harbour and bed of the sea to the extent necessary to secure a sufficient waterway and approach to the harbour for vessels using the same but so that the Commissioners in the exercise of such power shall not endanger or affect the 30 works or property of the Great Western Railway Company. (2) All sand mud and other materials dredged up or removed for the purposes and to the extent aforesaid shall be the property of the Commissioners and they may sell or otherwise dispose of or remove or deposit the same as they think fit Provided that no 35 sand mud or other material shall be laid down or deposited in any place below high-water mark without the consent in writing of the Board of Trade having been first obtained. (3) All money arising from any sale or other disposition of sand mud and other materials under this section after payment 40 of the expenses connected therewith shall be applied in the same manner as the harbour revenue under this Order is to be applied. (4) Nothing herein contained shall be deemed to authorise in relation to any foreshore or bed of the sea vested in the Crown within the limits of this Order the removal or sale of any sand 45 mud or other materials by the Commissioners or their licensees otherwise than to the extent hereinbefore mentioned. Provisional Orders (No. 2). (5) The powers conferred by this section shall not be A.D. 1924. exercised so as in any way to interfere with damage or affect the railways works or property of the Great Western Railway Teignmouth Company. Harbour. dredgers and 5 14. The Commissioners may from time to time purchase Commistake on lease provide or hire such dredgers engines vessels lighters sioners may tools plant or other materials as they think fit and may from time provide to time let the same on hire subject to such terms and conditions engines &c. and demand and receive such sums for the use of the same as they 10 think fit or may sell and dispose of the same and the money realised by any such sale or disposition shall be applied for carrying into effect any of the purposes of this Order to which capital is properly applicable Provided that the Commissioners shall not be entitled to provide or let on hire any boats to be used as ferry boats between 15 Teignmouth and Shaldon which may compete or interfere with the ferry belonging to the Teignmouth and Shaldon Bridge Company or the Teignmouth and Shaldon Bridge. license steam tugs &c. 15. The Commissioners may from time to time build purchase Commiscontract for or hire and may maintain use and let tugs hoppers sioners may 20 barges or other power for the use and accommodation of vessels provide and frequenting the harbour and may also from time to time license such number of tugs hoppers barges or other power (not including pleasure boats which the Teignmouth Urban District Council have power to license under section 94 of the Public Health Acts 25 Amendment Act 1907 and pleasure boats used for private purposes) belonging to any person for such period and on such terms and conditions as the Commissioners may think fit but such powers shall not be so used as to interfere or compete with the bridge or ferry of the Teignmouth and Shaldon Bridge Company. 30 16. The Commissioners may construct and may maintain Works and improve all necessary or existing embankments walls stairs authorised. landing-places approaches roads jetties piers wharves warehouses sheds cranes buoys lights lighthouses tow-paths bridges and other works and conveniences in connection with the harbour or the 35 approaches thereto Provided that the works and conveniences authorised by this section shall not interfere with or prejudice the rights powers or privileges of the Teignmouth and Shaldon Bridge Company as owners of the said ferry or of the Teignmouth and Shaldon Bridge Any electric light and power or other apparatus 40 constructed and maintained under this Order shall be so constructed used and maintained as to prevent any interference with telegraphic communication by means of any telegraphic line belonging to or used by the Postmaster-General. any 17. The Commissioners shall not under the powers of this Works below 45 Order construct on over or under the shore of the sea or of high water mark not to creek bay arm of the sea or navigable river communicating there- be construct with where and so far up the same as the tide flows and re-flows ed without Provisional Orders (No. 2). Harbour. consent of Board of Trade. A.D. 1924. any work without the previous consent of the Board of Trade to be signified in writing under the hand of one of the secretaries or Teignmouth assistant secretaries of the Board of Trade and then only according to such plan and under such restrictions and regulations as the Board of Trade may approve of in writing under hand as last afore- 5 said and where any work owned by the Commissioners may have been constructed below high-water mark of ordinary spring tides the Commissioners shall not at any time alter or extend the same without obtaining previously to making any alteration or extension the like consent or approval If any work be commenced 10 altered extended or completed contrary to the provisions of this section the Board of Trade may abate and remove the same and restore the site thereof to its former condition at the cost and charge of the Commissioners and the amount of such costs and charges shall be a debt due from the Commissioners to the Crown 15 and shall be recoverable as a Crown debt or summarily. Survey of Abatement of work abandoned or decayed. Power to levy dues. 18. If at any time the Board of Trade deem it expedient to order a survey and examination of a work owned or constructed by the Commissioners on in over through or across tidal lands or a tidal water or of the intended site of any such work the Com- 20 missioners shall defray the expense of the survey and examination and the amount thereof shall be a debt due from the Commissioners to the Crown and be recoverable as a Crown debt or summarily. 19. If a work owned or constructed by the Commissioners 25 on in over through or across tidal lands or a tidal water is abandoned or suffered to fall into decay and becomes an obstruction or danger to navigation the Board of Trade may abate and remove the work or any part of it and restore the site thereof to its former condition at the expense of the Commissioners and the 30 amount of such expense shall be a debt due from the Commissioners to the Crown and be recoverable as a Crown debt or summarily. 20.-(i) The Commissioners may demand and receive in respect of vessels anchoring or mooring within the limits of the 35 harbour or entering leaving or otherwise using the harbour and in respect of all goods and merchandise discharged from or shipped on all vessels entering or leaving the harbour dues or rates not exceeding those specified in the Schedules (A) and (B) to this Order Provided that the Commissioners shall not have power 40 to demand dues under Schedule (A) in respect of pleasure boats which the Teignmouth Urban District Council have power to license under section 94 of the Public Health Acts Amendment Act 1907 nor on pleasure boats used for private purposes but shall have power to charge for the use by any such boats of the 45 buoys moorings or appliances of the Commissioners: Provisional Orders (No. 2). Provided also that the Commissioners shall not have power A.D. 1924. to charge dues or rates under Schedule (A) in respect of ferry boats belonging to the Teignmouth and Shaldon Bridge Com- Teignmouth pany or under Schedule (B) in respect of goods or merchandise 5 carried in the ferry boats of the Teignmouth and Shaldon Bridge Company to and from Teignmouth and Shaldon. (ii) The harbour master may prevent the removal or sailing from within the limits of the harbour of any vessel in respect of which or of the goods imported or exported therein any rates 10 dues or charges are payable until evidence has been produced to him of the payment of those rates dues or charges to the collector. Harbour. 21. The Commissioners may from time to time with the Power to consent of the Minister of Transport lease the dues authorised lease dues. 15 by this Order for any period not exceeding seven years from the date of the lease to take effect in possession at the best rent to be reasonably obtained without fine and on such other terms and conditions as they shall think fit and the lessee shall have and may exercise during the continuance of his lease the same 20 power of levying and recovering dues as the Commissioners have or might exercise under the Harbours Clauses Act 1847 and this Order and shall be subject to all the same provisions as to accounts and otherwise to which the Commissioners are made subject by this Order. 25 30 22.-(1) If at any time it is represented in writing to the Revision of Minister of Transport (a) By any chamber of commerce or shipping or any (b) By the Commissioners; that under the circumstances then existing all or any of the dues or rates authorised by or in pursuance of this Order in respect of the undertaking should be revised the said Minister 35 may if he thinks fit after inquiry in pursuance of any such representation make an Order revising all or any of such dues or rates as aforesaid and may fix the date as from which such Order shall take effect and thenceforth such Order shall be observed until the same expires or is revoked or modified by 40 a further order of the said Minister made in pursuance of this section Provided that the revised maximum dues or rates as authorised by any such Order shall not be less than the dues or rates authorised by the Act of 1853 or be more than the statutory maximum dues or rates authorised by dues or rates. A.D. 1924. Provisional Orders (No. 2). (2) No application shall be made under this section for a general revision of dues or rates for the time being authorised Teignmouth under this Order within twelve months after the date of an order Harbour. made by the Minister of Transport for a general revision thereof and no application shall be made for a revision of any particular 5 dues or rates within twelve months after the date of an order made by the said Minister for a general revision or of any previous application for a revision of the particular dues or rates in question. Certain fishing vessels under stress of weather exempt from dues. Lifeboat crews to be dues. (3) The provisions of Part 1 of the Board of Trade 10 Arbitrations &c. Act 1874 shall apply for the purposes of this section as if the Minister of Transport were referred to therein in lieu of the Board of Trade and as if in section 4 of that Act the words "under the seal of the Minister of Transport were substituted for the words "by writing 15 "under the hand of the President or one of the secretaries of "the Board." (4) An application made to the Minister of Transport under this section shall be accompanied by such information and particulars certified in such manner as the said Minister 20 may require and the said Minister and any person duly authorised pursuant to section 2 of the Board of Trade Arbitrations &c. Act 1874 as applied by this section to hold an inquiry for the purposes of this section may call for such documents and accounts as he shall think fit and such person may hear such witnesses 25 as he shall think fit and shall have power to take evidence on oath and for that purpose any such person may administer oaths. on the coast of 23. Fishing vessels belonging to countries with which for the time being treaties exist exempting from duties 30 and port charges such vessels when forced by stress of weather to seek shelter in the ports or the United Kingdom shall when forced by stress of weather to make use of the harbour and not breaking bulk while making use thereof be exempt from rates leviable under this 35 Order. 24. All persons going to or returning from any lifeboat or using any apparatus for saving life and being persons either exempt from belonging to the crew of the lifeboat or to the coastguard or being persons for the time being actually employed in saving 40 life or in exercising or using the lifeboat or the apparatus of saving life also all persons brought ashore from any vessel in distress shall at all times have free ingress passage and egress to along and from the premises and works of the Commissioners without payment. 45 |