Draft Marine Navigation Bill - Government response

CYCC responded to the consultation document on the draft Marine Navigation Bill. Our principal concern was the proposal to extend the power given to Harbour Authorities to make general directions in place of byelaws, but without any of the safeguards surrounding the making of byelaws.

The Government's view is:

"There is little evidence that harbour authorities which already have the power to give general direction do so unreasonably. Harbour authorities have the statutory duty to manage their harbours and the Government considers it appropriate that operational decisions such as this are primarily matters for them alone. The Government considers that the requirements to consult harbour users and to publicise a harbour direction before the direction is given, and publicise the fact that it has been given, with the option for judicial review of their actions where appropriate, are sufficient procedural protections. The Government will issue guidance on the scope of harbour directions, including a series of model directions. These may be used without modification or modified by the harbour authority to take account of local circumstances." (Report p.11)

The full Report may be viewed here.