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Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water.
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59.—(1) Any enactment which confers or imposes on a conservancy authority or a harbour authority any power or duty to make bye-laws for the regulation of ships or vessels shall be construed and have effect as if the power or duty so conferred or imposed included a power or duty to make bye-laws for the regulation of seaplanes when on the surface of the water, and also a power to include in the bye-laws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by such enactment to exercise as respects ships or vessels, subject however to this restriction, namely, that such bye-laws shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane.
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(2) Where any enactment, whether by virtue of the immediately preceding sub-section or otherwise, confers or imposes on a conservancy authority or a harbour authority a power or duty to make bye-laws for the regulation of seaplanes when on the surface of the water, or to include in the bye-laws any such provisions as are mentioned in the said sub-section, the following provisions shall have effect, that is to say:—
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(a) in case such enactment does not provide that the bye-laws shall not come into force unless they have been confirmed or approved by some Minister and does not provide that the bye-laws shall be allowed or approved by a court or judge, any such bye-laws made after the date of the passing of this Act in relation to seaplanes shall not come into force unless and until they have been confirmed by the Minister;
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(b) in case such enactment provides that the bye-laws shall not come into force unless they have been allowed or approved by a court or judge, the conservancy authority or harbour authority shall, before making application to that court or judge for the allowance of the bye-laws, forward a copy thereof to the Minister, and the court or judge shall, before allowing or approving the bye-laws, take into consideration any representations made with respect thereto by or on behalf of the Minister;
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(3) In this section—
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the expression “enactment” includes any provisional order for the time being in force (whether or not it has been confirmed by an Act);
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the word “bye-laws” includes rules and regulations.
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