Coast Protection Act, 1963
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Maintenance of works. |
20.—(1) The works to which a certificate of completion relates shall be maintained in proper repair and effective condition by the Commissioners and the Commissioners may do all such things as may appear to them to be necessary for or incidental to such maintenance. | |
(2) In addition and without prejudice to the general powers conferred on the Commissioners by subsection (1) of this section, it shall be lawful for the Commissioners, for the purposes of maintenance referred to in that subsection, to execute such improvements to works as appear to them to be minor matters properly capable of being regarded as maintenance. | ||
(3) It shall be lawful for the Commissioners and their officers, agents and servants to enter on any lands at all reasonable times and there do all such things as may appear to them to be necessary for or incidental to any maintenance or improvements referred to in this section. | ||
(4) The Commissioners may employ contractors to effect any maintenance or improvements referred to in this section and the contractors may exercise such of the powers specified in this section as may be appropriate for the purposes of their contract. | ||
(5) (a) In this subsection “beach material” has the same meaning as in the Foreshore Act, 1933 . | ||
(b) A person shall not remove beach material which is beside, or not more distant than one hundred yards from, any works required by this section to be maintained by the Commissioners save under and in accordance with a licence. | ||
(c) Licences for the purposes of this subsection may be granted by the Commissioners. | ||
(d) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. | ||
(e) Where a licence is granted under this subsection in respect of the removal by a person of beach material, the grant shall not operate to remove any obligation which may lie on that person to obtain a licence under the Foreshore Act, 1933 , or the State Property Act, 1954 , authorising the removal. | ||
(6) No action shall lie against the Commissioners, in respect of loss occasioned by the failure of works required by this section to be maintained by the Commissioners, unless it is shown to the satisfaction of the Court that the failure was due solely to neglect by the Commissioners of their obligation to maintain the works. |