The River Exe at Topsham (Credit: ThisIsSouthWest)

A changing tide on the Exe

A new Harbour Revision Order (HRO) is currently out for consultation, seeking to modernise how the Port of Exeter, which includes much of the Exe Estuary and approaches to Exmouth, is managed.

The proposal, submitted to the Marine Management Organisation by Exeter City Council, would replace century-old legislation with a single, modern framework aligned with national harbour law. Supporters say it’s essential for efficient, safe management of the estuary. Critics fear it could hand the council excessive power over moorings, access, and even the right to develop or dispose of land along the waterfront.

From canal port to leisure harbour

The Port of Exeter has existed since medieval times, but navigation up the River Exe has always been difficult. In the 1560s, Exeter merchants built England’s first ship canal to bypass the tidal shallows near Exmouth.

Over the subsequent centuries, the Exeter Canal and Quay Acts (1820s–1920s) gave the city authority to maintain the channel, operate the quays, and collect dues. By the mid-20th century, the port handled only small coasters and local sand barges. Commercial shipping finally ceased in the early 1980s.

Today, the “Port of Exeter” is a statutory harbour authority on paper, covering the tidal Exe and canal up to Exeter Quay, but in practice, it’s a space for leisure sailing, rowing clubs, fishing, estuary tours and wildlife. The council’s powers remain tied to Victorian laws designed for coal and timber, not kayaks and paddleboards.

Why the HRO is being proposed

The (draft) Port of Exeter Harbour Revision Order aims to consolidate all historic harbour Acts under a single, modern instrument. It would bring the city’s powers into line with the Harbours Act 1964, the framework used for most UK ports.

In its Statement in Support , the Exeter City Council says the order is needed to:

simplify outdated laws,
align environmental and safety powers with national standards,
provide flexibility to raise harbour dues and invest in infrastructure, and
allow the council to carry out and participate in harbour works, development and regeneration projects within the port limits.

It would also authorise the harbourmaster to issue “general directions” , a simplified alternative to by-laws, covering navigation, safety, and mooring regulation.

Officials argue that without these updates, the authority cannot properly enforce safety rules, manage dredging, or qualify for funding schemes that require modern statutory powers.

A complex estuary with shared boundaries

The proposed harbour limits shown by the Exeter Ports Limit Plan (a map) cover the tidal River Exe, the Exeter Ship Canal, and parts of the estuary reaching towards Exmouth and Topsham.

To the south lies the Exmouth Docks Company, a separate statutory harbour created by an 1870 Act. The draft HRO acknowledges this and excludes Exmouth Docks from the council’s jurisdiction. Both authorities are said to be “in agreement” on boundaries.

Similarly, the long-standing Topsham River Commissioners have agreed to dissolve their body and transfer responsibilities to the council once the order is confirmed.

In practice, this would leave the city as the single statutory authority for most of the Exe Estuary north of Exmouth Docks.

What powers would change?

Development and disposal of land
The order gives the council the power to develop, lease, or dispose of land within the port premises, a power not contained in the 19th-century Acts. Supporters call this standard for any modern port and key to funding new pontoons, slipways and access points. Critics fear it could lead to the sale or privatisation of public waterfront areas.

General directions
General directions would let the harbourmaster issue binding navigation rules without using the longer by-law process. The draft order also includes a specific provision to close Topsham Lock to navigation, as shown on the Topsham Lock Plan. Any general direction must be consulted on and published, with statutory consultees including the Royal Yachting Association (RYA) and the UK Chamber of Shipping. However, smaller clubs and user groups are concerned they may have limited influence and that long-standing routes could face new or extended restrictions.

Charges and dues
The council could revise harbour charges more flexibly. Officials note that current dues no longer cover maintenance; opponents suspect higher fees for navigation, moorings and launching are inevitable.

Environmental and safety duties
The order formalises responsibilities for dredging, waste management and vessel safety, helping the port comply with national frameworks such as the Port Marine Safety Code. The council stresses that the HRO will not override existing environmental consents, with oversight retained by Natural England and the Environment Agency (HRO Questions and Answers, Exeter City Council 2023).

Who supports it

The HRO is backed by Exeter City Council, which says the harbour’s legal framework is no longer fit for purpose. The Topsham River Commissioners and Exmouth Docks Company are also recorded as having reached an agreement on boundaries, avoiding potential jurisdictional disputes.

A new Port Advisory Group is proposed, including representatives from the RYA and Chamber of Shipping, to advise on navigation and safety.

Opposition: petitions and user concerns

A petition titled “Protect the Exe – Stop Excessive Control & Charges from the Proposed HRO” appeared on iPetitions shortly after the draft was published. It warns the order could “reduce public access and introduce unnecessary bureaucracy.”

Local boating and sailing forums voice similar unease. Some fear higher fees; others dislike the idea of a city council acting as both regulator and developer.

A few residents argue that a shared estuary should not be governed solely by one local authority, given that much of it lies within East Devon District.

Environmental context

The Exe Estuary is a Site of Special Scientific Interest (SSSI), Special Protection Area (SPA) and Ramsar wetland of international importance.

The HRO does not override these designations, and any future dredging or works would still require separate consents from Natural England, the Environment Agency and local planning authorities.

Public consultation and process

The Marine Management Organisation (MMO) is conducting the consultation, which runs for 42 days. The statutory 42-day public consultation starts on 13 October 2025. The final date for consultation responses to be received is therefore 23 November 2025. Full details of the consultation, including the process for making any objections or representations, can be found on the Marine Maritime Organisations website.

According to the council’s Statement of Support, a round-table meeting with mooring operators took place in June 2025, followed by direct correspondence with clubs and user groups.

If significant objections remain unresolved, the Secretary of State may call a public inquiry before deciding whether to confirm or modify the order.

Why now?

Council officers say the port’s powers are scattered across 10 obsolete Acts, some of which refer to offices that no longer exist. Managing today’s mixed-use waterways, from paddleboards to passenger launches, they say, requires a unified framework.

According to the Statement of Support:

“The proposed order would modernise and consolidate the statutory harbour powers applying in relation to the Port of Exeter (‘the Port’).

Without reform, officials say, enforcement is limited, even if a vessel obstructs the channel or abandons a mooring.

Concerns over transparency and accountability

Objectors argue the HRO extends well beyond navigation, enabling development powers they see as unrelated to harbour safety.

Campaigners want either a narrower order focused on safety and the environment, or a joint estuary authority involving East Devon District Council, water user groups, and community representatives.

A signatory to the Protect the Exe petition notes that “the harbour belongs to everyone who sails, rows, walks or watches wildlife on the Exe, not just those who can afford to pay fees.”

Exmouth’s perspective

Exmouth Marina. There is still some commercial activity on the Exe. (Credit: ThisIsSouthWest)

For Exmouth, and the other towns and villages along the Exe the changes are subtle but significant. The harbour boundary extends close to the marina, and the navigable channel runs alongside the beach, including slipways used by visitors. If dues or access rules change, small tour operators and fishing charters could be affected.

Councillors are apparently split. Some welcome potential investment, others seek guarantees that public access and fees will remain fair.

The wider picture: harbour reform across the UK

The Port of Exeter is one of many small ports updating Victorian legislation. Tor Bay modernised its powers in 2017; Falmouth in 2018; Poole and Shoreham followed.

The Marine Management Organisation maintains that well-consulted reforms improve transparency and accountability.

To object or make a representation

Any person desiring to make an objection or representation concerning the application should write to the Harbour Orders Team, Marine Management Organisation, Tyneside House, Skinnerburn Road, Newcastle upon Tyne NE4 7AR or email to harbourorders@marinemanagement.org.uk. An objection or representation should:

be received before the expiry of a period of 42 days. The statutory 42-day public consultation starts on 13 October 2025. The final date for consultation responses to be received is therefore 23 November 2025.
be made in writing, quoting reference HRO/2023/00006;
state the grounds of the objection or representation;
indicate who is making the objection or representation; and
give an address to which correspondence relating to the objection or representation may be sent.

What happens next

After consultation closes, the MMO will publish all submissions and decide whether objections are substantive. If so, a public inquiry could follow in early 2026.

If approved, the HRO will be enacted by Statutory Instrument, repealing the older Exeter Harbour Acts. The council would then prepare new by-laws and general directions, each of which would require further consultation.

A delicate balance

Whether confirmed or modified, the debate highlights the evolution of Britain’s small harbours, which were once industrial gateways and are now shared spaces of recreation, conservation and tourism.

For Exeter City Council, the challenge is to manage the estuary’s safety and sustainability without alienating the communities who give it life. Modernisation may be needed, but, as always on the Exe, timing and balance are everything.

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Accuracy and Disclaimer

Information in this article is correct to the best of our knowledge as of 29 October 2025. It draws on publicly available statements, including Exeter City Council committee papers, the Marine Management Organisation’s consultation documents, and verified reports. This article is intended for general information and discussion only and should not be taken as legal or official guidance. Readers are encouraged to review the full consultation documents on the Marine Management Organisation website and seek independent advice before making any formal representations.

Exeter Harbour Revision Order (HRO): Modernising the Exe or Overreaching Control?