5.1 The conservancy duties of a HA are listed in paragraph 1.2.4 of the PMSC as follows:
"A harbour authority has a duty to conserve the harbour so that it is reasonably fit for use as a port, and a duty of reasonable care to see that the harbour is in a fit condition for a vessel to resort to it. The conservancy duty covers several specific requirements:
a) to survey (and resurvey as regularly as necessary) and find the best navigable channel or channels
b) to place and maintain navigation marks where they will be of the best advantage to navigation (marked appropriately by day and night)
c) to keep a 'vigilant watch' for any changes in the sea or river bed affecting the channel or channels and move or renew navigation marks as appropriate
d) to keep proper hydrographic and hydrological records
e) to publish as conspicuously as possible such further information as will supplement the guidance given by navigation marks."
5.2 As an adjunct to conservancy GHT
a) is a local lighthouse authority pursuant to section 201 of the Merchant Shipping Act 1995 (as amended) and
b) has powers to remove wrecks under section 252 of the Merchant Shipping Act 1995 and other legislation.
5.3 GHT has provided the following aids to mark and protect the main navigation channel to Sharpness:-
5.4 BNFL-Magnox Generation, the Highways Agency and Severn River Crossing plc contribute towards the cost of maintaining certain of the navigational aids.
5.5 Subject to the above paragraph GHT charge local light dues on all vessels except pleasure craft and those specifically exempted by the Trustees. The Trustees have the power to compound light dues for regular local users of the Gloucester Harbour.
POLICY CON 1
GHT will continue to provide and maintain and where appropriate update navigation aids to secure the safety of navigation within the Gloucester Harbour in accordance with its conservancy and local lighthouse duties, the guidance given in the PMSC and the requirements of Trinity House as General Lighthouse Authority.
POLICY CON 2
GHT will fix a conservancy charge having regard to:
a) the guidance given in the PMSC and subject thereto
b) the need to provide an economic and efficient service
POLICY CON 3
GHT will issue Notices to Mariners as necessary giving information and guidance about matters affecting or likely to affect navigation within the Gloucester Harbour
POLICY CON 4
GHT will continue to use the services of the Gloucester Pilots Partnership, plus others co-opted as required, to carry out monthly low water surveys of the main navigation channel from the Second Severn Crossing to Wellhouse Bay including the approaches to Sharpness Dock and to the River Wye as far as the A48 road bridge at Chepstow under the agreement which expires on 31 March 2004
POLICY CON 5
GHT and its Duty Harbour Master will take action to remove any wreck or obstruction which is, or might become, a danger to navigation and will recover costs from the offending party