1. These byelaws may be cited as the Gloucester Harbour Byelaws 1997 and shall come into operation on the expiration of 28 days from the confirmation thereof by the Secretary of State.
2. (1) These byelaws apply to the whole of the harbour and shall have effect, so far as consistent therewith, in addition and without prejudice to:
(a) any regulations made by the Secretary of State under section 31 (protection of new bridge) of the Severn Bridges Act 1992; and
(b) any general direction given by the Trustees or special direction given by the Harbour Master under articles 11 and 12 of the Gloucester Harbour Revision Order 1994.
(2) The existing limits of the harbour are shown for illustrative purposes only on the plan annexed to these byelaws.
3. In these byelaws, unless the context otherwise requires -
"the Trustees" means the Gloucester Harbour Trustees incorporated by the Gloucester Harbour Order 1890 as confirmed by the Pier and Harbour Orders Confirmation (No.3) Act 1890;
"Collision Regulations" means regulation for the prevention of collisions made under section 85 of the Merchant Shipping Act 1995;
"the harbour" means the harbour of Gloucester within the limits prescribed by article 10 (Limits of harbour) of the Gloucester Harbour Revision Order 1988;
"the Harbour Master" means any person appointed as such by the Trustees and includes authorised deputies, assistants and any other person authorised by the Trustees to act in that capacity;
"line of mean low water springs" means the continuous line at mean low water springs contiguous to both banks of the River Severn and its tributaries;
"main navigation channel" means
(a) all the contiguous waters of the River Severn downstream of Longney Crib which lie between both lines of mean low water springs including Black Rock and Bull Rock (in the vicinity of 51° 41.8' north, 2° 29.8' west) but excluding the channels inshore of Charston Rock and Charston Sands and inshore of Old Mans Head and Dun Sands to New Passage; and
(b) the waters of the River Wye downstream of the Old Town Bridge crossing the river at Chepstow;
"master" in relation to a vessel means any person (whether the owner, master, pilot or other person and whether lawfully or otherwise) having or taking command, charge, management or conduct of the vessel for the time being;
"owner" 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;
"property" means any property whether real or personal;
"small vessel" means any vessel of less than 20 metres in length overall;
"vessel" means 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 submersed in water (whether permanently or temporarily), a hovercraft or any other amphibious vehicle.
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