Maritime Safety Act 2005
Amendment of Harbours Act 1996. |
58.—The Harbours Act 1996 is amended— | |||
(a) by substituting for subsections (1) and (2) of section 6 the following: | ||||
“(1) A person guilty of an offence under section 46, 50, 52, 53, 60 or 77 is liable— | ||||
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or | ||||
(b) on conviction on indictment, to a fine not exceeding €1,000,000 or imprisonment for a term not exceeding 2 years or both. | ||||
(2) A person guilty of an offence under this Act (other than section 46, 50, 52, 53, 60 or 77) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.”, | ||||
(b) by inserting after section 6 the following: | ||||
| ||||
and | ||||
(c) in section 42, by inserting after subsection (3) the following: | ||||
“(4) (a) If a company proposes to make bye-laws under subsection (1) it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the harbour to which the proposal relates. | ||||
(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that— | ||||
(i) a copy of the draft bye-laws is open for public inspection at a place in the harbour specified in the notice, and | ||||
(ii) a person may submit to the company objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice. | ||||
(c) The company shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice. | ||||
(d) Any person who objects to the draft bye-laws may submit his or her objections to the company in writing at any time during the period of 21 days. The company shall consider the objections. | ||||
(e) On the expiration of the period of 21 days, the company shall, as it thinks proper, refrain from making the bye-laws or make the bye-laws either without modification or with such modification, as it thinks proper. | ||||
(5) A copy of bye-laws for the time being in force under subsection (1) in relation to a harbour shall be made available, by the company which made them, for inspection by the public at the harbour during ordinary office hours. The company shall make available to the public at such price (if any) as may be determined by the company copies of bye-laws for the time being in force relating to the harbour.”. |