Harbours Act, 1946
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Bye-laws. |
60.—(1) A harbour authority may make bye-laws for the good rule and government of their harbour. | |
(2) Without prejudice to the generality of subsection (1) of this section, a harbour authority may make bye-laws in respect of their harbour for all or any of the purposes mentioned in the Second Schedule to this Act. | ||
(3) The Minister may require a harbour authority to make bye-laws in respect of their harbour for any specified purpose for which they are authorised to make bye-laws and they shall comply with such requirement. | ||
(4) A bye-law made by a harbour authority under this section shall be submitted to the Minister for his approval. | ||
(5) Whenever a harbour authority submits a bye-law for approval by the Minister, the following provisions shall have effect:— | ||
(a) the harbour authority shall, as soon as conveniently may be after the submission, publish a notice of the submission at least once in each of two successive weeks in three newspapers (of which at least one is a morning daily newspaper) circulating in the area adjoining their harbour; | ||
(b) the notice shall include a statement of the purposes for which the bye-law is made, an intimation that a copy of the bye-law is open for public inspection at the principal office of the harbour authority and that any person may submit to the Minister objections to the approval of the bye-law at any time during the period of sixty days commencing on the date of the first publication of the notice; | ||
(c) the harbour authority shall, during the said period of sixty days, keep a copy of the bye-law open for public inspection during ordinary office hours at the principal office of the harbour authority; | ||
(d) any person who objects to the approval of the bye-law may submit his objections to the Minister in writing at any time during the said period of sixty days; | ||
(e) the Minister shall, as he may think proper, refuse to approve of the bye-law or approve thereof without modifications or make such modifications therein as he may think proper and approve of the bye-law as so modified but, in case he approves of the bye-law (whether with or without modification), he shall not so approve until the expiration of the said period of sixty days and shall consider all objections to the approval of the bye-law submitted to him during that period; | ||
(f) if approved of by the Minister, the bye-law, as so approved of, shall come into force forthwith. | ||
(6) The Minister shall not approve of a bye-law made under this section for a purpose mentioned in paragraph 4, 5 or 28 of the Second Schedule to this Act save after consultation with the Revenue Commissioners. | ||
(7) A copy of the bye-laws for the time being in force under this section in respect of a harbour shall be kept affixed in a conspicuous place at each of the following places, that is to say, the harbour and the principal office of the harbour authority for the harbour. | ||
(8) At their principal office a harbour authority shall keep for sale, at a price not exceeding six pence, copies of the bye-laws for the time being in force under this section in relation to their harbour. | ||
(9) A document which purports to be a copy of bye-laws made under this section, and which has endorsed thereon a certificate (purporting to be signed by an officer of the harbour authority by which such bye-laws were made) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date, shall, without proof of the signature of such officer or that he was in fact such officer, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on that date. | ||
(10) A bye-law which immediately before the passing of this Act was in force in respect of a harbour shall, on and after such passing, be deemed to have been made and to be in force in respect thereof (and shall be capable of being amended or revoked accordingly) under this section. | ||
(11) It shall be the duty of a harbour authority, within four years after the passing of this Act or such longer period as the Minister may allow, to revoke all bye-laws continued in force by subsection (10) of this section in respect of their harbour and to make new and complete bye-laws under this section. | ||
(12) A person who contravenes a bye-law in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding either ten pounds or, where such bye-law so provides, a less amount. | ||
(13) Nothing in this section shall affect the obligation of a harbour authority to make bye-laws under the Petroleum Acts, 1871 to 1881, or apply in relation to any bye-laws made under those Acts. |