The Calshot Oyster Fishery Order 2005

• Citation: S.I. 2005/1400
• Sections: 7

Section 1 Title, commencement, extent and interpretation

(1) This Order may be cited as the Calshot Oyster Fishery Order 2005 and shall come into force on 17th June 2005.

(2) This Order shall not form part of the law of Scotland and shall not apply in Wales.

(3) In this Order, “oyster” means oyster of the species Ostrea edulis .

Section 2 Right of several fishery

(1) The Secretary of State confers on the Calshot Oyster Fishermen Limited (“the grantee”), whose registered office is at 41 Park Road, Freemantle, Southampton, Hampshire SO15 3AW, the right of several fishery for oysters with respect to the area specified in paragraph (2) of this article, for a period of ten years starting on 17th June 2005.

(2) The area referred to in paragraph (1) of this article is the area around Calshot Spit in the Port of Southampton shown on the map (“the definitive map”), prepared in duplicate and signed on behalf of the Secretary of State, and marked “Calshot Oyster Fishery Order 2005 – Definitive map showing the extent of the area concerned”.

(3) One copy of the definitive map is available at the grantee’s offices and the other at the library of the Secretary of State for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL.

Section 3 Marking of limits of fishery

The grantee shall mark out the limits of the fishery in such manner as the Secretary of State may from time to time direct and shall maintain these marks in position and good repair.

Section 4 Approval of Associated British Ports for certain fishing etc.

The grantee shall not dredge, fish for or take oysters within that area of the fishery which is shown coloured in blue on the definitive map without the prior approval in writing of Associated British Ports.

Section 5 Restrictions in respect of utility companies

Nothing in this Order shall affect prejudicially Associated British Ports, Southern Electric, Southern Water, Npower or National Grid Transco Plc in respect of any operations carried out by any of those bodies in the exercise of their statutory functions.

Section 6 Saving rights of the Crown

Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing in this Order shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.

Section 7 Accounts of income and expenditure, other information and inspection

(1) The grantee shall give the Secretary of State annual accounts of its income and expenditure under this Order, and shall give the Secretary of State all other information required by her with reference to this Order and the area to which it applies, in such form and at such times as she may require.

(2) The grantee shall allow any person authorised by the Secretary of State with regard to accounts of income and expenditure and other information in relation to this Order and the area to which it applies, to inspect the area and all accounts and other documents in the possession of the grantee relating to the Order and the area, and give to such person any information relating to these, as the Secretary of State may require.