Maritime Safety Act 2005
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PART 2 Personal Watercraft and Recreational Craft | ||
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Definitions (Part 2). |
5.—In this Part, unless the context otherwise requires— | |
“Act of 1968” means Fishery Harbour Centres Act 1968 ; | ||
“Act of 1976” means Wildlife Act 1976 ; | ||
“Act of 1996” means Harbours Act 1996 ; | ||
“authorised person” means a person or class of persons appointed under section 17 as an authorised person or authorised persons for the purposes of this Part; | ||
“authority” means a local authority, a harbour authority or Waterways Ireland, as the case may require; | ||
“craft” means personal watercraft or recreational craft when operated by a mechanical means of propulsion; | ||
“fishery harbour centre” has the meaning assigned to it by the Act of 1968; | ||
“functions” includes powers and duties; | ||
“functional area” in the case of a local authority, includes— | ||
(a) inland waters, the foreshore and coastal waters adjoining its functional area, and | ||
(b) inland waters, the foreshore and coastal waters adjoining its functional area which adjoin the functional area of another local authority, with the agreement of that other local authority, | ||
but excluding waters under the control or management of a harbour authority or Waterways Ireland; | ||
“harbour authority” means— | ||
(a) in the case of a harbour to which the Act of 1996 applies, a harbour company, | ||
(b) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, the harbour authority concerned, | ||
(c) in the case of a fishery harbour centre to which the Act of 1968 applies or any other harbour under the control or management of the Minister, the Minister, | ||
(d) in the case of a harbour under the control or management of a local authority, the local authority concerned, | ||
(e) in the case of a harbour under the control or management of Iarnród Éireann-Irish Rail, that company; | ||
“harbour company” means a company within the meaning of section 2 of the Act of 1996; | ||
“local authority” means— | ||
(a) in the case of an administrative county, the council of the county, and | ||
(b) in the case of a city, the council of the city; | ||
“National Monuments Acts” means National Monuments Acts 1930 to 2004; | ||
“natural heritage area” means— | ||
(a) a European site (within the meaning of Regulation 2 (inserted by section 75(a) of the Wildlife Act 2000) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 )), | ||
(b) an area proposed as a natural heritage area and the subject of a notice under section 16(2) of the Wildlife Act 2000, | ||
(c) an area designated as a natural heritage area by a natural heritage order under section 18 of the Wildlife Act 2000, | ||
(d) land established by order under section 15 (as amended by section 26 of the Wildlife Act 2000) of the Act of 1976, | ||
(e) land recognised by order under section 16 (as amended by section 27 of the Wildlife Act 2000) of the Wildlife Act 1976 , or | ||
(f) land designated as a refuge for flora or fauna or both by order under section 17 (as amended by section 28 of the Wildlife Act 2000) of the Act of 1976; | ||
“personal watercraft” means a craft (other than a recreational craft) of less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“recreational craft” means a craft of not more than 24 metres in length (measured in accordance with the ISO standard EN ISO 8666:2002 — Small craft — Principal data) intended for sports and leisure purposes; | ||
“reserved function” is to be read in accordance with section 131 of the Local Government Act 2001 ; | ||
“Wildlife Act 2000” means Wildlife (Amendment) Act 2000. |