Coleraine Harbour Commissioners in exercise of the powers conferred on them by
Article 3 of the River Bann Navigation Order (Northern Ireland) 2010 hereby make
the following byelaws for the purpose of regulating the use of Coleraine Harbour.
PART 1 PRELIMINARY
Application
1. These byelaws shall apply within the limits of the harbour, which is defined in
byelaw 2 and to the harbour premises as defined in that byelaw.
Interpretation
2. In these byelaws –
„Collision Regulations‟ means regulations for the prevention of collisions made
under section 21 of the Merchant Shipping Act 1979;
„the Commissioners‟ means the Coleraine Harbour Commissioners as constituted
under the River Bann Navigation Order (Northern Ireland) 2002;
„fairway‟ means any navigable channel marked, dredged or maintained by the
Commissioners;
„the harbour‟ means the area on the River Bann from the downstream side of the
footbridge Bridge at Coleraine to the sea and so much of the sea below high water
mark as lies within a distance of five hundred metres from any part of the east pier or
the west pier at the mouth of the said river and all inlets and havens whereof the
entrances are within those limits and all landing- places, docks, piers , quays and
works for the time being vested in the Commissioners or lying within their
jurisdiction (other than railways and works connected with railways and road bridges)
as defined in Article 3 of The River Bann Navigation Order (Northern Ireland) 2002.
„harbour master‟ means the person appointed as such by the Commissioners and
includes his authorised deputies, assistants and any other person authorised by the
Commissioners to act in the capacity of harbour master;
„harbour premises‟ means the docks, quays, jetties, stages and all other works, land
and buildings for the time vested in the or occupied or administrated by the
Commissioners for the purpose of the harbour;
„ master‟ when used in relation to any vessel means the person, for the time being in
charge or control of a vessel;
„owner‟ when used in relation to goods includes any consignor, consignee, shipper or
agent for the sale, receipt, custody, loading or unloading and clearance of those goods
and includes any other person in charge of the goods and his agent in relation thereto;
1and when used in relation to a vessel includes any part owner, broker, charterer, agent
or mortgagee in possession of the vessel or other person or persons entitled for the
time being to possession of the vessel ( and when used in relation of a vehicle
includes any part owner or agent or person having charge of the vehicle for the time
being );
“personal water craft” means any watercraft (not normally used in navigation and not
being a structure which by reason of its concave shape provides buoyancy for the
carriage or persons or goods) propelled by a jet engine or other mechanical means or
propulsion and steered either –
(a) by means of a handlebar operated linkage system (with or without a rudder at the
stern); or
(b) by the person or persons riding the craft using his or their body weight for the
purpose; or
(c ) by a combination of the methods referred to respectively in (a) and (b) above.
„power driven vessel‟ mean any vessel which is propelled wholly or partly by
mechanical means, and includes a vessel propelled by means of an out-board motor;
„ quay‟ means any quay, wharf, jetty, dolphin, landing stage, pontoon or other
structure used a for berthing or mooring vessels, and includes any pier, bridge,
roadway or footway immediately adjacent and affording access thereto;
„sailboard‟ means a vessel in the form of a raft or other floating board with a sail or
sails designed to be navigated or operated by a person or persons standing upright
thereon;
„sailing vessel‟ means any vessel under sail whether or not propelling machinery is
also fitted;
„small vessel‟ means any vessel or craft less than 20 metres (65.6 feet) in length;
„under way‟ when used in relation to a vessel, means that the vessel is not at anchor
or moored or made fast to the shore, or that it is not aground or that it is dropping up
or down in the harbour with its anchor on the ground;
„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‟ includes any ship, boat, raft 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.
2PART II – NAVIGATION
Declaration of particulars of vessel
3. The master of a vessel arriving at the harbour shall if requested by the harbour
master furnish him with a correct statement of-
(a) the name, call sign and description of the vessel;
(b) its draught and tonnage;
(c) the name of the master and the name and address of the owner;
(d) the last port of call;
(e) the port or place to which the vessel belongs; and
(f) particulars of any cargo on board to be loaded or discharged.
Vessels to navigate with caution
4. A master shall navigate his vessel with such care and caution, and at such speeds
and in such manner, as not to endanger the lives of or cause injury to persons or
damage to property, and as not to interfere with the navigation, manoeuvring, loading
or discharging of vessels or cause unnecessary damage to moorings, or the river banks
or other property.
Approaching craft engaged in dredging or other underwater work
5. The master of a vessel shall at all times, except where it is impracticable to do
otherwise, give a wide berth to all dredgers, hoppers, tugs and surveying craft, and
shall proceed slowly when passing dredgers or diving boats or in work at a buoy or
mooring or in rescue work.
Speed of vessels
6. Except in an emergency, a person shall not, without the express permission of the
harbour master, navigate a vessel entering, leaving or using the harbour at a speed
exceeding a speed six knots through the water.
Vessels not to obstruct fairway
7 – (1) The master of a small vessel whether under power or sail which is not
confined to a fairway shall not make use of the fairway so as to cause obstruction to
other vessels which can navigate only in the fairway, and shall give such vessels a
clear course and as wide a berth as safe navigation requires.
(2) A master shall not permit his vessel to enter or cross a fairway except when the
fairway in the vicinity of the vessel is clear, nor in a manner, which may impede or
endanger other vessels navigating the fairway.
(3) The master of a vessel crossing, turning or manoeuvring in a fairway shall so
navigate it as not to hamper, impede or cause damage to any other vessel.
3Vessels not to be made fast to navigational buoys etc
8. The master of a vessel shall not make fast to or lie against any navigational buoy,
light, beacon, seamark, or tide board within the harbour.
Notification of collisions etc.
9. The master of the vessel which-
(a) has been involved in a collision with any vessel or property, or has been sunk
or grounded, or is sinking, or become stranded in the harbour limits; or
(b) by reason of accident, fire, defect or otherwise is in such a 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;
shall report the occurrence to the harbour master, and as soon as reasonably
practicable thereafter provide the harbour master with full details in writing and,
where the damage to a vessel is such as to affect or be 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.
Navigation under influence of drink or drugs prohibited
10. A person shall not navigate any vessel in the harbour limits whilst under the
influence of drink or drugs to such an extent as to be incapable of taking proper
control of the vessel.
Persons under 16 years of age
11. A person under the age of 16 years shall not navigate or operate anywhere within
the harbour limits, a power driven vessel which is capable of attaining a speed
through the water in excess of 6 knots, unless in possession of an appropriate Royal
Yachting Association qualification or equivalent, or unless accompanied by a
competent and responsible person of 16 years or over, and no person shall cause or
permit any person under the age of 16 years to navigate or operate such a vessel
unless so qualified or accompanied.
Bright lights
12. A person shall not exhibit in the harbour, searchlights, floodlights or other bright
lights other than those for indicating emergency or distress, in such a manner as to
endanger navigation, unless the consent of the harbour master has first been obtained.
4PART III – BERTHING AND MOORING
Vessels to be properly secured
13. The master of a vessel shall at all times keep his vessel properly and effectively
moored when berthed or lying at any quay.
Provision of proper fenders
14. The master and owner of a vessel shall ensure that it is provided with a sufficient
number of fenders adequate for the size of the vessel, and when berthing or leaving,
or lying at that quay or against other vessels, the master shall cause the vessel to be
fended off from a quay or those other vessels so as to prevent damage to that quay,
those other vessels or other property.
Vessels to be kept in a moveable condition
15. – (1) The master of a seagoing vessel shall not, except where his vessel is lying
aground, take any steps to render his vessel incapable of movement without first
seeking permission of the harbour master and, subject as aforesaid, shall at all times
keep his vessel so loaded and ballasted and in such condition that it is capable of
being safely moved.
(2) Where a vessel is at anytime not capable of being safely moved by means of its
own propulsive machinery, the master or owner shall inform the harbour master as
soon as reasonably practicable and give to him any further information which the
harbour master may reasonably require.
Use of engines while vessel moored or berthed
16. The master of a vessel, which is at a quay within the harbour, shall not permit the
engines of his vessel to be worked in such a manner as to cause injury or damage to
the quay or to the bed or banks of the harbour or to any other vessel or property.
Vessels adrift
17. The master of a vessel, which parts from its moorings, shall as soon as practicable
report the same to the harbour master.
Lights on vessels at moorings
19. The requirement under rule 30(b) of the Merchant Shipping (Distress Signals and
Prevention of Collisions) Regulations 1989 for vessels of less than 50 metres in length
to display an all-round white light when at anchor shall not apply to small vessels
which are secured to permanent yacht moorings in the harbour but such vessels shall,
if required to do so by the harbour master display such a light.
5Laying down moorings, buoys and other tackle etc
19. – (1) A person shall not lay down or move any mooring, buoy, or similar tackle
without prior written consent of the harbour master.
(2) The owner or any other person claiming ownership of a mooring, buoy or similar
tackle shall as soon as reasonably practicable remove it if the harbour master so
directs.
Fouling of moorings etc
20. If at any time an anchor of a vessel fouls any moorings or pipes laid in the bed, or
electric or other cables within the harbour, the master of the vessel shall, as soon as
reasonably practicable, give notice to the harbour master and shall if it is safe and
practicable await his instructions before proceeding to clear the same.
6PART IV – CRANES
Exclusive use of Commissioners’ cranes
21. A person shall not, without the written consent of the harbour master use a crane
belonging to any person other than the Commissioners on any of the quays or harbour
premises.
Use of cranes
22. A person shall not use a crane hired from the Commissioners on the quays or
other harbour premises –
(a) to lift articles of a weight heavier or of a nature different from those which he
declared to the harbour master at the time of hiring that it was his intention to lift;
or
(b) for a purpose other than a purpose so declared and approved by the harbour
master.
7PART V – MANNING AND CONTROL OF VESSELS
Vessels and machinery to be effectually silenced
23. – (1) A person shall not operate within the harbour a power driven vessel
propelled by an engine unless the engine is fitted with a silencer or suitable
arrangement for reducing as far as may be reasonable the noise caused by the escape
of the exhaust gases from the engine.
(2)A person shall not operate machinery on a vessel within the harbour so as to give
reasonable cause for annoyance to any other person.
Vessels to have names marked on them
24. The owner of a vessel which is not registered as a ship under the Merchant
Shipping Act, 1894 and marked accordingly shall ensure the vessel is marked
conspicuously with its name or other means of identification unless otherwise
exempted by the Commissioners.
Inspection facilities etc. to be made available to the harbour master
25. The master of a vessel shall, so far as the harbour master in the exercise of his
duties may require him, afford the harbour master access to any part of his vessel and
provide all reasonable facilities for its inspection and examination.
Abandonment etc. of vessels prohibited
26. – (1) A person shall not abandon any vessel on the banks or the shore of the
harbour.
(2) For the purpose of paragraph (1) of this byelaw a person who leaves a vessel on
the banks or shore of the harbour in such circumstances or for such a period, that he
may reasonably be assumed to have abandoned it there intentionally, unless the
contrary intention is shown.
8PART VI – GOODS AND VEHICLES AND USE OF HARBOUR PREMISES
Requirements as to handling and movements of goods in harbour etc.
27 – (1) The owner of any goods loaded or discharged at the harbour shall ensure that
the goods are removed therefrom as soon as practicable and in any case within 48
hours unless the harbour authority or the harbour master otherwise agrees.
(2) The owner of any goods shall comply with such directions as the harbour master
may from time to time give for regulating the time, place and manner of discharging,
loading or otherwise bringing into or removing those goods from the harbour
premises.
Obstruction or Interference at Harbour Premises
28.
– (1) a person shall not except with the permission of the harbour master, deposit
or place on any part of the harbour premises any goods so as to obstruct any road,
building, mooring place, plant , machinery or apparatus or the access thereto; or
(2) without lawful authority, use, work, move or tamper with any plant, machinery,
equipment or apparatus at the harbour premises.
Parking of vehicles
29. – (1) A person shall not park or leave a vehicle in any place where it is likely to
obstruct or interfere with the use of the harbour premises or in any part of the harbour
premises where the parking of vehicles is prohibited and notice of such prohibition
has been erected by the harbour master.
(2) Any notice erected under this byelaw shall be conspicuously posted in or in
proximity to the place which it relates.
(3) If the harbour master so directs the owner of a vehicle parked and left in
contravention of this byelaw, and if the owner fails to comply with the harbour
master‟s direction or cannot reasonably be found the harbour master may have the
vehicle moved.
Speed limit for vehicles
30. Except in an emergency, a person shall not allow a vehicle to proceed anywhere
on the harbour premises at a speed greater than 10 miles per hour.
Driving restrictions
31. A person shall not drive any vehicle on or over any road, bridge, quay, caisson or
other place in contravention of any notice that may be posted up in a conspicuous
place at the entrance or approach to such place specifying or limiting the class size or
weight of the vehicle allowed to enter or pass over that place.
9Young persons in vehicles
32. – (1) A person having control of a vehicle and being accompanied by a young
person shall not permit the said young person to leave the confines of the drivers cab
without the prior consent of the harbour master
(2) For the purposes of this byelaw a young person is an individual being less than 16
years of age.
Denial of vehicular access
33. The Commissioners may deny access to any vehicle seeking admission to or while
on harbour premises.
Precautions to be taken in loading and discharging
34. The Master of a vessel and a person undertaking the loading of cargo into, or
discharging of cargo from a vessel shall use or cause to be used such methods as the
harbourmaster may direct for the prevention of any cargo, dunnage, ballast or other
materials from falling or escaping into the waters of the harbour or onto the harbour
premises.
Loads not to spill or drop
35. The owner, driver or other person having charge of a vehicle in the harbour
premises shall not permit any substance to leak, spill or drop from the vehicle.
Loads to be secured
36. The owner, driver or any person having charge of a vehicle in the harbour
premises shall ensure that any load carried thereon or therein is properly secured and
that it complies with all such statutory restrictions on the weight of goods to be so
carried as are applicable on public roads.
Refuelling etc. of vehicles
37. A person shall not within the harbour premises charge or recharge any vehicle,
with or empty it of fuel, except with the permission of the harbour master.
Accidents to be reported
38. Any person driving or otherwise operating a vehicle involved in an accident in the
harbour premises whereby any injury is caused to any person, or damage is caused to
any property, shall stop the vehicle and report the accident and shall give his name
and address to the harbour master as soon as reasonably practicable.
10PART VII – WATER SPORTS AND RECREATION
Conduct of Regattas etc
39. – (1) The organiser of any race, regatta or other occasion when a number of small
craft is expected to assemble on the waters of the harbour shall obtain the permission
of the harbour master and shall give not less than fourteen days notice thereof to the
Harbourmaster.
(2) All regattas, races or similar events shall be conducted on recognised courses in
accordance with conditions and at times previously approved with the harbour master.
(3) The harbour master may cancel or alter any conditions of such approval on giving
where reasonably practicable notice to the organiser at least seven days before the
proposed date of the event
(4) The harbour master may delay, postpone or cancel any event in consultation with
the organiser in the case of bad weather or large commercial vessel movement, or
other conditions that may affect the safety of the participants and the safe navigation
of craft.
Water Ski-ing , Aqua-planing etc
40.
– (1) A person shall not engage or take part in water ski-ing, aqua-planing in the
harbour except with the written permission of the Harbour Commissioners, given
either specifically or generally, and only in the area as may be designated by the
Harbour Commissioners and in accordance with such reasonable conditions as the
Harbour Commissioners may impose.
(2) A master using his vessel for the purpose of towing a water-skier or a person aqua-
planing shall have on board at least one other person capable of taking charge of the
vessel and of giving such assistance as may be reasonably required during the towing
and in the recovery of the water skier and shall carry –
(a) for each person on board, a life jacket manufactured in accordance
with the appropriate British Standards Specification or a personal
buoyancy aid of the (British Marine Industries Federation ) approved
type, two hand- held distress signals and a fire extinguisher ;
(b) for each person water ski-ing or aqua-planing, a rescue quoit with line
or other sufficient hand-thrown rescue device.
(3) A person shall not engage in kiting or parachute-towing in the harbour without
the prior written consent of the Harbour Commissioners, given either specifically
or generally, and in accordance with such reasonable conditions as may be
imposed by the Commissioners.
11Swimming
41 A person shall not swim in the harbour except with the permission of the Harbour
Commissioners, given either specifically or generally, and only in the area as may be
designated by the Harbour Commissioners and in accordance with such reasonable
conditions as the Harbour Commissioners may impose.
Personal Watercraft
42. A person shall not operate or cause to be operated a personal watercraft except
with the written permission of the Harbour Commissioners given either specifically or
generally, and only in the area designated by the Harbour Commissioners and in
accordance with such reasonable conditions as the Harbour Commissioners may
impose.
12PART VIII – GENERAL
Denial of access to persons
43. The Commissioners may deny access to any person or persons seeking admission
to, or while on, the harbour premises.
Dogs
44. A person in charge of, or otherwise responsible for the control of a dog when on
harbour premises or on a vessel in the harbour if so directed by the harbour master
shall keep that dog under proper control and effectively restrained from causing
annoyance to any person.
Fireworks
45. – (1) A person shall not discharge any firework within the limits of the harbour
without the consent of the harbour master.
(2) A person shall not set off any distress flares within the harbour except in
emergency situations or with permission of the harbour master.
Fire precautions
46. – (1) The master of a vessel in the harbour shall take all reasonable precautions for
the prevention of accidents by fire and shall not permit flammable materials or liquid
to be loaded into or discharged from the vessel unless all reasonable measures have
been taken to obviate risk of such accident.
(2) A person working or employed in any part of the specified premises shall not,
unless authorised in writing by the Harbour Commissioners, strike or kindle any
flame or fire or operate apparatus capable of producing combustion, or carry any
flame or fire whether covered or naked:
Provided that nothing in this byelaw shall prohibit:
(a) in the saloons, cabins, crew‟s quarters and galley, or for the purpose of heating
main or donkey boilers, the use of fires consuming only fuels approved by the
harbour master or in oil burning vessels, fuel oil with a flash point not lower
than 65 degrees Celsius, or
(b) the use of lights at places where smoking is permitted;
(c) the proper use of apparatus employed in the business of ship repairing in or on
a vessel the master of which has a written permit issued by the harbour master
licensing that use.
(3) A person working or employed at the specified premises shall not carry
matches or other means of ignition on his person, or in any part of his clothing or
otherwise, in any part of the specified premises and the harbour master or a police
constable may search any person so working or employed whom he suspects to be
in possession of matches or other means of ignition and (without prejudice to the
penalty prescribed) may take and destroy them.
(4) In this byelaw “specified premises” means:
(i) the docks and wharves
(ii) the quays and piers used in connection therewith;
(iii) the sheds and warehouses of the Harbour Commissioners on or adjoining
the said jetties, quays and piers; and
13(iv) the ships and vessels from time to time therein.
Smoking
47. A person shall not smoke tobacco or any herb or other substance whatsoever on
the harbour premises.
a. where smoking is expressly prohibited by the Commissioners by a notice
exhibited in a conspicuous position ;
b. if requested by the harbour master not to do so in any part of the harbour
premises where smoking may in his opinion be dangerous.
Discharges into Harbour
48. – (1) A person shall not throw, discharge, or cause or permit the discharge or
escape of, any waste, rubbish or other material or thing, whether solid or liquid, into
the waters of the harbour from or at the quays or from any part of the shores of the
harbour, or from any vessel lying within the harbour.
(2) The master of a vessel shall take all reasonable precautions to prevent articles or
things falling from his vessel into the waters of the harbour.
Deposit of Refuse
49. A person shall not without the written consent of the Harbour Master deposit
refuse on the harbour premises except in suitable receptacles approved by the harbour
master.
Lifesaving equipment
50. A person shall not use any equipment provided by the Commissioners for the
purpose of lifesaving except for that purpose.
Loudhailers or amplifiers
51. A person shall not use loudhailers or amplifiers within the harbour so as to give
reasonable grounds for annoyance to any other person.
Meetings
52. A person shall not without the prior written consent of the Commissioners:
(a) take part in any meeting; or
(b) gather together with other persons, or deliver any address to any
audience or gather together any persons whereby any work or business
at the Harbour premises or the control, management of or use of the
harbour premises is, or is likely to be, obstructed, impeded or hindered.
Loading discharging or transfer of fuel oils
53. – (1) A person shall not proceed with the loading, discharging or transfer of fuel
oils, lubricating oil or other pollutant liquid in excess of 1000 litres by pipe either on
to a vessel or on to harbour premises unless the proposed operation has been
previously notified to the harbour master.
(2) All requirements or instructions relating to the said operation given by the harbour
master must be complied with.
(3) Records of all such transactions shall be kept and include details of names, dates
type and quantity of fuel and produced for inspection as requested.
14Obstruction of Officers and Employees of the Commissioners
54. A person shall not intentionally obstruct any officer or employee of the
Commissioners in the execution of his or her duties.
Vessels employed in diving
55. – (1) A person shall not undertake underwater operations or diving activates of
any kind within the harbour limits without the prior written consent of the harbour
master.
(2) A person shall not dive from a vessel within the harbour limits unless there is a
lookout in the vessel at all times while such person is in the water.
(3) In this byelaw “diving” includes that form of diving known as sub-aqua diving
and “dive” shall be construed accordingly.
15Revocation
56. The byelaws relating to the harbour at Coleraine made by the Coleraine Harbour
Commissioners in October 1886 are hereby revoked.
Saving of crown or other rights
57. Nothing contained in any of the foregoing byelaws shall be deemed to be or shall
operate as a grant by or on behalf of the Crown as owner of the foreshore and sea bed
below high water mark of any estate or interest in or right over any such part of the
foreshore and sea bed, nor shall anything contained in or done under any of the
provisions of the foregoing byelaws in any respect prejudice or injuriously effect the
rights and interests of the Crown in such foreshore and sea bed, or prevent the
exercise thereon of any public rights or prejudice or injuriously effect any right,
power or privilege legally exercisable by any person in over and in respect if the
foreshore and sea bed.
16Present when the Common Seal of the Coleraine Harbour Commissioners was affixed
hereto this 9th day of March 2011.
______________________________
Chairman
______________________________
General Manager
The foregoing byelaws are hereby confirmed by the Department for Regional
Development this 15th day of March 2011 and the byelaws shall come into operation
on 18th April 2011.
The Official Seal of the Department for Regional Development was affixed hereto in
the presence of:
The Official Seal of the Department for Regional Development was affixed hereto in
the presence of:
_______________________________
BRD White
A Senior Officer of the Department
_______________________________
Witness
17Note
In accordance with section 92(1) of the Local Government Act (Northern Ireland)
1972 as amended by Article 6(5) of the Fines and Penalties (Northern Ireland) Order
1984, Article 2(4) of and Schedule 4 to the Criminal Penalties, etc. (Increase) Order
(Northern Ireland) 1984, Article 3(2) of the Criminal Justice (Northern Ireland) 1994
and as modified by Article 3(2)(C) of the River Bann Navigation Order (Northern
Ireland) 2010, every person who shall offend against any of the foregoing byelaws
shall be liable on conviction to a fine not exceeding level 4 (£2,500) on the standard
scale and, in the case of a continuing offence, a further fine not exceeding £2 for each
day during which the offence continues after conviction therefore.
18