( 2 ) . the provisions of the said acts with respect to lands and feu duties or ground annuals so far as such provisions are applicable shall extend and apply to any such grant and to any such servitude right or privilege as aforesaid . 15 . - ( 1 ) . the County council may - ( a ) retain and hold and use for such time as they think fit any land or interest in land vested in them as part of the harbour undertaking ; ( b ) sell feu lease excamb or otherwise dispose of any such land or interest no longer required for the purpose of the harbour undertaking in such manner and for such consideration and on such terms and conditions as they think fit ( whether in consideration of the execution of works or of the payment of a gross sum or of an annual feu duty or rent or of payment in any other form ) ; ( c ) sell excamb or dispose of any feu duties created or rents reserved on the sale feu lease excambion or other disposition of any such land or interest ; ( d ) make do and execute any deed act or thing proper for effectuating any such sale feu lease excambion or other disposition ; ( e ) on any such excambion pay or receive money for equality of exchange : provided that the County council shall not without the consent of the Secretary of state sell feu lease excamb or otherwise dispose of any such land or interest therein except at the best price or upon the best terms which can be obtained for such land or interest but a purchaser feuar or lessee shall not be concerned to enquire whether the consent of the Secretary of state is necessary or has been obtained . ( 2 ) . nothing in this section shall release the County council or any persons purchasing or acquiring any land or interest in land from them under this section from any feu duties ground annuals rents obligations restrictions reservations terms or conditions made payable by or contained in any conveyance lease or other deed or instrument by which the land or interest has been conveyed feued or leased to or otherwise acquired by the County council or any persons from or through whom the County council have derived title to such land or interest . part 4 . limits . 16 . - ( 1 ) . the limits within which the County council shall have authority and within which the powers of the harbour master may be exercised with respect to the harbour undertaking shall comprise the lands forming part of the harbour undertaking and the following area below high-water mark that is to say an area lying within a limit commencing at a point on the foreshore at high-water mark on the west shore of Symbister Bay one hundred and forty feet from the root of the proposed breakwater ( work no 2 ) on true bearing two hundred and eighty degrees thence proceeding in a straight line across Symbister Bay or the sea and foreshore of the same on true bearing fifty-four degrees for a distance of one thousand three hundred and thirty feet or thereby to a point on the foreshore at high-water mark on the east shore of Symbister Bay thence proceeding in a southerly direction along high-water mark on the east shore of Symbister Bay passing the tidal basin on the east side of the bay and thence generally south-westward again along high-water mark on the south shore of Symbister Bay to the root of the south pier of the existing small boat harbour thence following the line of the piers and quays forming the existing small boat harbour and the proposed new harbour works to the root of the proposed breakwater and thence along high-water mark on the west shore of Symbister Bay to the point of commencement which limits are in this order termed the harbour limits . ( 2 ) . the limits within which the powers of the County council to levy rates with respect to the harbour undertaking may be exercised shall comprise the harbour limits and such limits shall be construed as being included in the parish of Nesting Lunnasting Whalsay and Skerries and wholly within the county for all purposes . ( 3 ) . a map or plan showing the harbour limits of which four copies have been signed by Colin Neil Fraser Q.C Counsel to the Secretary of state under the private legislation procedure ( Scotland ) act 1936 shall within one month after the commencement of the order be deposited as follows that is to say two copies at the office of the Minister one copy with the sheriff clerk of the county at his office and one copy at the office of the county clerk of the county . ( 4 ) . in case of any discrepancy between the limits delineated in the said map or plan and the limits described in subsection ( 1 ) of this section the said map or plan shall be deemed to be correct and shall prevail . part 5 . works and powers . 17 . subject to the provisions of this order and also subject to such alterations ( if any ) in the plans and sections deposited with reference to this order as the Minister may require before completion of the works the County council may on the lands belonging to them or acquired under this order and in the lines and according to the levels and within the limits of deviation shown on the deposited plans and sections make and maintain the works . 18 . the works authorised by this order will be situated in the parish of Nesting Lunnasting Whalsay and Skerries and county of Zetland and on the foreshore and bed of the sea adjacent thereto and are - work no 1 the construction of an access roadway thirty feet wide commencing at a point one hundred and twenty feet or thereabouts north-west of the root of the existing pier and extending in a northerly direction for a distance of one hundred and twenty feet or thereabouts from the point of commencement ; work no 2 a reclamation of the foreshore the construction of a quay and the infilling levelling and surfacing of the deck thereof as a solid structure commencing at a point on the foreshore approximately two hundred feet north-west of the root of the existing pier and extending seawards in a north-easterly direction for a distance of one hundred and sixty feet or thereabouts thence in a north-westerly direction for a distance of two hundred and fifty feet or thereabouts thence in a south-westerly direction for a distance of two hundred and ten feet or thereabouts and thence in a south-easterly direction for a distance of two hundred and forty feet or thereabouts and comprising an area of five thousand seven hundred and thirty-one square yards ; work no 3 the construction of a breakwater as a solid structure commencing at a point on the foreshore four hundred and ninety feet or thereabouts north-west of the root of the existing pier and extending in a north-easterly direction for a distance of four hundred and ten feet or thereabouts from the point of commencement ; work no 4 the construction of a pier as an open work structure with a wave screen along the seaward face commencing at the termination of work no 3 and extending in an easterly direction for a distance of two hundred feet or thereabouts from the point of commencement . 19 . subject to the provisions of this order in constructing the works the County council may deviate laterally from the lines thereof as shown on the deposited plans to any extent not exceeding the limits of deviation marked thereon and may deviate vertically from the levels of the works shown on the deposited sections to any extent not exceeding five feet upwards and to any extent downwards : provided that deviation either lateral or vertical below high-water mark shall not be made without the consent in writing of the Minister . 20 . subject to the provisions of this order the County council may from time to time erect construct and maintain whether temporarily or permanently all such necessary works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction maintenance and use of the works . 21 . - ( 1 ) . subject to the provisions of this order the County council may within the harbour limits rebuild maintain repair renew widen alter improve restore reconstruct and extend the harbour undertaking and may from time to time erect construct and maintain whether temporarily or permanently all necessary ancillary works apparatus and conveniences and may also from time to time lay down and maintain rails tramways and turntables . ( 2 ) . a line of rails or tramway constructed under the powers of this order shall not be used for the public conveyance of passengers unless it has been certified by the Minister to be fit for that purpose . ( 3 ) . any electric light and power or other apparatus constructed and maintained under this order shall be so constructed used and maintained as to prevent any interference with any telegraphic line ( as defined by the telegraph act 1878 ) belonging to or used by the Postmaster-General or with telegraphic communication by means of any such line . 22 . any person who wilfully obstructs any person acting under the authority of the County council in setting out the lines of the works or who pulls up or removes any poles or stakes driven into the ground for the purpose of such setting out shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds and shall in addition be liable to repay to the County council any expenses incurred by them in making good such damage . 23 . - ( 1 ) . if the works are not substantially commenced within two years from the commencement of this order or such extended time as the Secretary of state may in the circumstances by order direct the said powers shall cease . ( 2 ) . if the execution of the works after having been substantially commenced is virtually suspended for twelve consecutive months the said powers shall cease except as to so much of the works as is then completed unless the Secretary of state by order directs that the said powers continue and remain in force but subject to the foregoing provision as to completion the said powers shall cease in any event within five years from the commencement of this order . ( 3 ) . a certificate of the Secretary of state to the effect that the works have not been substantially commenced or that they have been virtually suspended for twelve consecutive months shall for the purposes of this section be conclusive evidence of the facts stated in such certificate . 24 . - ( 1 ) . the County council shall not under the powers of this order construct renew extend or alter any works on in under or over tidal waters or tidal lands below high-water mark except in accordance with plans and sections approved by the Minister and subject to such restrictions and regulations as the Minister may prescribe before such work is begun . ( 2 ) . if any such work is commenced or completed contrary to the provisions of this section the Minister may abate and remove the same and restore the site thereof to its former condition at the cost of the County council and the amount of such cost shall be a debt due from the County council to the crown and shall be recoverable accordingly . 25 . if at any time the Minister deems it expedient to order a survey and examination of any work constructed by the County council under the powers of this order on in under or over tidal waters or tidal lands below high-water mark or of the site upon which it is proposed to construct any such work the County council shall defray the expense of the survey and examination and the amount thereof shall be a debt due from the County council to the crown and shall be recoverable accordingly . 26 . - ( 1 ) . where any work constructed by the County council under the powers of this order wholly or partially on in under or over tidal waters or tidal lands below high-water mark is abandoned or suffered to fall into decay the Minister may by notice in writing either require the County council at their own expense to repair and restore such part of such work as is situated below high-water mark or any portion thereof or require them to abate or remove the same and restore the site thereof to its former condition to such an extent and within such limits as the Minister may think proper . 