Harbours Act, 1996
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Regulation of harbours under the control or management of local authorities. |
89.—(1) In this section “the Act of 1994” means the Local Government Act, 1994 . | |
(2) (a) The Minister may make regulations with respect to the safety of navigation in harbours under the control or management of local authorities or a specified class or classes of harbours under such control or management. | ||
(b) A person who contravenes a provision of regulations under this subsection shall be guilty of an offence. | ||
(3) (a) Without prejudice to the generality of subsections (1), (2) and (7) of section 37 of the Act of 1994, but subject to subsection (8) of that section, the power of a local authority to make bye-laws under Part VII of the Act of 1994 includes the power to make bye-laws, in relation to a harbour under its control or management— | ||
(i) for all the purposes that a company may make bye-laws under section 42 in relation to its harbour, and | ||
(ii) for the purpose of enabling it to impose charges in like circumstances to those in which a company may impose charges under section 13 . | ||
(b) Notwithstanding subsection (2) and section 37 (2) (b) of the Act of 1994, the power aforesaid of a local authority includes a power to make bye-laws with respect to the safety of navigation in a harbour under its control or management: | ||
Provided that any provision of bye-laws made by a local authority with respect to that matter shall, to the extent that the provision is inconsistent with regulations under subsection (2), not have effect for so long as such regulations remain in force. |