S.I. No. 80/1992 - Shannon Navigation Bye-Laws, 1992.

ARRANGEMENT OF BYE-LAWS.

S.I. No. 80 of 1992.

SHANNON NAVIGATION BYELAWS, 1992.

The Commissioners of Public works in Ireland, in exercise of the powers conferred on them by section 3 of the Shannon Navigation Act, 1990 (No. 20 of 1990), hereby make the following Bye-laws:

1 Citation and Commencement.

1. (1) These Bye-laws may be cited as the Shannon Navigation Bye-laws, 1992.

(2) These Bye-laws shall come into operation on the 28th day of April, 1992.

2 Interpretation.

2. (1) In these Bye-laws, except where the context otherwise requires—

"the Act" means the Shannon Navigation Act, 1990 (No. 20 of 1990);

"authorised officer" means an officer of the Commissioners authorised in writing by the Commissioners to exercise the powers conferred on an authorised officer by these Bye-laws;

"boat" means an open or undecked punt, canoe, skiff, scull, row boat or other such boat designed to be propelled primarily by oars or sail and not propelled by an engine of more than 15 horsepower;

"the Commissioners" means the Commissioners of Public Works in Ireland;

"master" means the person for the time being in charge of a vessel or boat;

"movable bridge" means any bridge capable of being opened to permit the passage of vessels;

"the navigation" means the Shannon navigation;

"passenger boat" means a boat used for the purpose of carrying passengers for reward;

"passenger vessel" means a vessel used for the purpose of carrying passengers for reward;

"register" means the register established under Bye-law 6 and cognate words shall be construed accordingly;

"works" means any lock, lock-gate, lock-gate mechanism, sluice, paddle, weir, weir-board, bridge, basin, reservoir, tunnel or water gauge or any other part of the navigation works;

"vehicle" includes a caravan;

"vessel" means a ship or craft of any description but does not include a boat.

(2) References in these Bye-laws to vessels or boats are, except where the context otherwise requires, references to vessels or boats in the navigation.

(3) In these Bye-laws—

( a ) a reference to a Bye-law is a reference to a Bye-law of these Bye-laws unless it is indicated that reference to some other bye-laws is intended.

( b ) a reference to a paragraph, or subparagraph is a reference to the paragraph, or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3 Powers of authorised officers.

3. (1) when performing any of his functions under these Bye-laws, an authorised officer shall, if so requested by any person affected, produce his authorisationn for inspection by that person.

(2) An authorised officer may—

( a ) for the purposes of these Bye-laws, board and inspect a vessel or boat and may, for the purpose of boarding it, stop a vessel or boat that is under way,

( b ) request a person in the navigation (whether or not in a vessel or boat) to give to him such information within the knowledge of the person as the officer may reasonably require for the purposes of these Bye-laws,

( c ) give to a person in the navigation (whether or not in a vessel or boat) such directions as he considers reasonable for the purposes of these Bye-laws or for the purpose of ensuring compliance with these Bye-laws or the safety of persons or property,

( d ) direct a person whom he sees contravening a provision of these Bye-laws to give to the officer his name and address,

( e ) direct a person whom he sees contravening a provision of these Bye-laws to leave the navigation.

(3) A person to whom a request or direction is made or given under paragraph (2) shall comply with the request or direction as soon as may be.

(4) A person shall not in pursuance of a request or direction under paragraph (2) give to an authorised officer information that is to the knowledge of the person false or misleading or a false name or address.

(5) A person shall not obstruct or hinder or otherwise interfere with an authorised officer in the performance of his functions under these Bye-laws.

4 Powers of Commissioners.

4. The Commissioners may give to the owner of a vessel or boat such directions as they consider reasonable for the purpose of their powers, functions and duties under the Act and these Bye-laws and the owner shall comply with any such direction.

5 Prohibition of unregistered vessels.

5. (1) The owner of a vessel shall not keep or navigate or cause to be navigated or authorise permit or assist in the navigation of the vessel unless the vessel is registered.

(2) A vessel registered in a register of vessels maintained by a person who regulates or controls vessels on rivers, canals, lakes or other waterways outside the State shall be deemed to be registered.

6 Registration of vessels.

6. (1) ( a ) The Commissioners shall establish and maintain a register (referred to subsequently in these Bye-laws as "the register") of the vessels in the navigation.

( b ) An entry in the register in relation to a vessel shall contain such particulars, including particulars in relation to the vessel and its ownership, as the Commissioners may determine.

(2) An application for the registration of a vessel shall be made on writing, addressed to the Commissioners at 51 St. Stephen's Green, Dublin, 2, and shall be in such form as the Commissioners may specify or in a form to the like effect.

(3) A person making an application under paragraph (2) shall furnish the Commissioners with such information requested by them as they may reasonably require for the purpose of their functions under this bye-law.

(4) The Commissioners may refuse to register a vessel if, in their opinion, the vessel does not comply with these Bye-laws or any other bye-laws under the Act or the Shannon Act or if a request under paragraph (3) in relation to the registration is not complied with.

(5) ( a ) The Commissioners may, as occasion requires, amend an entry in the register and may, if in their opinion a registered vessel does not comply with these Bye-laws or any other bye-laws under the Act or the Shannon Act, delete the entry in the register relating to the vessel.

( b ) Where the Commissioners propose to refuse to register a vessel or to delete an entry in the register, they shall serve a notice on the owner of the vessel concerned specifying the proposal and, before deciding whether to proceed with the proposal, shall consider any representation made to them by such owner not later than 28 days after the notification aforesaid.

(6) Upon the registration of a vessel, the Commissioners shall issue to its owner a disc bearing an indication that the vessel is registered and the owner shall ensure that the disc is conspicuously displayed on the vessel during the period of registration but not if the vessel ceases (whether pursuant to paragraph (5) or (7)) to be registered.

(7) when a person acquires a registered vessel, the registration shall cease and the person shall notify the commissioners as soon as may be of the acquisition and of his name and address and the person from whom he acquired it shall return the disc issued to him under paragraph (6) to the Commissioners at the address referred to in paragraph (2).

(8) A vessel that is not registered may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner thereof.

7 Liability of master for contravention's of Bye-laws by vessel or boat.

7. where in relation to a vessel or boat there is a contravention of Bye-law 8 or 11 (1) or paragraph (2), (3), (4), (5), (6), (8), (9) or (10) of Bye-law 12 or Bye-law 13, 14 or 15 or paragraph (1), (2), (3) or (4) of Bye-law 16 the master of the vessel or boat shall be deemed, for the purpose of section 3 (5) of the Act, to have contravened the provision concerned.

8 Maximum draft.

8. A vessel having a draft of more than 1.25 metres shall not navigate in the Ballinamore and Ballyconnell navigation (within the meaning of section 5 of the Act), and a vessel having a draft of more than 1.7 metres shall not navigate in the remainder of the navigation, without the consent of the Commissioners.

9 Crew of vessels.

9. The owner of a vessel shall not navigate or permit the navigation of the vessel or cause the vessel to be navigated unless—

( a ) if the vesssel is such as to require a crew of more than one to ensure the safe navigation thereof, the vessel has a crew of such size and possessing such skills as to ensure the safe navigation of the vessel, and

( b ) the navigation of the vessel is carried out by or under the supervision of the master.

10 Alcohol and other drugs.

10. Persons who are under the influence of alcohol or any other drug to such an extent as to have their capability to navigate or have proper control of a vessel or boat impaired shall not—

( a ) navigate a vessel or boat, oar

( b ) make use of any equipment or installation in the navigation owned by the Commissioners.

11 Movable bridges.

11. (1) Whenever the Commissioners think it necessary to do so in an emergency or for the purpose of carrying out repairs or maintenance, they may impose such restrictions or prohibitions in relation to the use of, or passage through a movable bridge in the navigation as they consider necessary and any such restrictions or prohibitions shall be complied with.

(2) A person shall not go onto or remain upon or drive or bring a vehicle or other thing or an animal onto, or allow it to remain upon, a movable bridge after warning is given that the bridge is about to be opened or at any time after such a warning and before the closure of the bridge immediately following such opening.

12 Navigation.

12. (1) The master of a vessel or boat underway shall keep, or arrange for the keeping of, a proper lookout and shall at all times navigate with care and caution, and with reasonable consideration for others, having due regard to the circumstances of weather, visibility, flood and other traffic.

(2) Vessels and boats proceeding in opposite directions shall pass each other port to port.

(3) When a mechanically propelled vessel or a mechanically propelled boat and another mechanically propelled vessel or mechanically propelled boat are crossing so as to involve risk of collission, the vessel or boat which has the other vessel or boat on her starboard side shall give way to the other vessel or boat.

(4) A vessel or boat overtaking any other vessel or boat shall keep out of the way of the overtaken vessel or boat and the latter shall give sufficient room for this purpose.

(5) Other vessels and boats shall give way to vessels and boats navigating by sail only. A vessel or boat navigating by sail only shall not hamper other vessels or boats.

(6) A vessel or boat shall use fenders to prevent damage to any of the works of the navigation or to other vessels or boats in the navigation.

(7) ( a ) when vessels or boats are insight of each other, the master of a vessel or boat intending to alter course or go astern shall, before doing so, indicate that intention as follows:

(i) if he intends to alter course to starboard, he shall give one short blast on a whistle,

(ii) if he intends to alter course to port, he shall give two short blasts on a whistle, and

(iii) if he intends to go astern, he shall give three short blasts on a whistle.

( b ) In paragraph (a) "whistle" means any instrument or appliance capable of emitting an audible sound signal.

(8) Vessels or boats shall not run abreast and a vessel or boat shall not overtake or attempt to overtake another moving vessel or boat in a canal or in a part of the navigation channel that is not more than 13 metres in width.

(9) Vessels or boats navigating against the stream shall reduce speed or stop so as to allow clear passage to those navigating with the stream if there is insufficient room for them to pass in safety without so doing.

(10) Subject to Bye-law 16 (3), vessels and boats navigating with the stream shall be given precedence for passage through a bridge by those navigating against the stream.

13 Speed restrictions.

13. (1) A vessel or boat shall not be navigated at such a speed or in such a manner as to cause or be likely to cause injury or damage to persons or to other vessels or boats or any other property.

(2) ( a ) The propellers of a vessel or boat shall not be turned at such a speed as to cause damage to any part of the navigation or to any other vessel or boat or any other property.

( b ) A vessel or boat shall not be navigated at a speed in excess of 5 kilometres per hour when within 200 metres of a bridge, quay, jetty or wharf, when in a harbour or canal or when passing within 100 metres of a moored vessel or boat.

14 Vessels and boats under sail.

14. (1) when a vessel or boat under sail is approaching another vesssel or boat under sail to as to involve a risk of collision, one of them shall keep out of the way of the other as follows:

( a ) when each has the wind on a different side, the one which has the wind on the port side shall keep out of the way of the other,

( b ) when both have the wind on the same side, the one which is to windward shall keep out of the way of the one which is to leeward.

(2) Sail shall not be used or hoisted within 100 metres of a movable bridge or lock unless the vessel or boat concerned is negotiating the bridge or lock or is about to berth at or sail from a quay or mooring within 100 metres of the bridge or lock.

15 Lights to be carried by vessels at night.

15. (1) A vessel under way during the period from sunset to sunrise shall display—

( a ) on the starboard side of the vessel, a green light so constructed as to show an unbroken light over an arc of the horizon of 112° 30', so fixed as to show the light 112° 30' on the starboard side, that is to say, from right ahead to 22° 30' abaft the beam on the starboard side and of such a character as to be visible (if there are no intervening obstructions) within that arc at a distance of not less than 1.5 kilometres,

( b ) on the port side of the vessel, a red light so constructed as to show an unbroken light over an arc of the horizon of 112° 30' so fixed as to show the light 112° 30' on the port side, that is to say from right ahead to 22° 30' abaft the beam on the port side and of such a character as to be visible (if there are no intervening obstructions) within that arc at a distance of not less than 1.5 kilometres,

( c ) at the stern of the vessel, a white light so constructed as to show an unbroken white light over an arc of the horizon of 135°, so fixed as to show the light 67° 30' from right aft on each side of the vessel and of such a character as to be visible (if there are no intervening obstructions) within that arc at a distance of not less than 1.5 kilometres, and

( d ) in the case of a vessel designed to be propelled primarily otherwise than by sail, in the fore part of the vessel, a white light so constructed as to show an unbroken light over an arc of the horizon of 225°, so fixed as to show the light 112° 30' on each side of the vessel, that is to say, from right ahead to 20° 30' abaft the beam on either side and of such a character as to be visible (if there are no intervening obstructions) within that arc at a distance of not less than 3 kilometres.

(2) The lights specified in subparagraphs (a) and (b) of paragraph (1) shall be carried not less than one metre below the light specified in subparagraph (d) of that paragraph or may be shown from a combined lantern placed at a similar distance below that light.

(3) A boat under way during the period from sunset to sunrise shall have on board an electric torch or a lantern which shall be illuminated and exhibited in sufficient time to prevent collision with another boat or a vessel.

(4) During the period from sunset to sunrise a vessel that is aground and a vessel or boat anchored or moored other than at a recognised mooring place shall display a bright, white light of such a character and in such a position on the vessel or boat as to be visible (if there are no intervening obstructions) from any point on a circle 1.5 kilometres in radius and having its centre at the light.

16 Passage through locks and bridges.

16. (1) A vessel or boat shall not enter or attempt to enter a lock on the navigation unless there is not less than 80 millimetres of water between the keel and the sill of the lock or pass or attempt to pass through a bridge whose headroom does not permit the clear passage of the vessel or boat.

(2) A vessel or boat shall not be navigated at a speed in excess of 5 kilometres per hour when within 100 metres of a lock and shall, when approaching and not more than 100 metres from a lock, keep out of the way of vessels and boats that have left or are about to leave the lock at the end which the vessel or boat is approaching.

(3) A vessel or boat shall not approach within 50 metres of a lock or bridge for the purpose of passing through unless the lock or bridge is clear or prepared for such passage or the approach is for the purpose of reaching mooring facilities.

(4) When passing through any movable bridge or entering, passing through or leaving any lock, a vessel or boat shall proceed with care and obey any directions and instructions of the bridge or lock attendant and, in the case of a lock, avoid striking any part of the lock gates.

(5) The master of a vessel or boat shall—

( a ) as soon as may be after the vessel or boat has entered a lock chamber, secure the vessel or boat by means of a bow line and stern line, or by such other means as may be specified by an authorised officer, to the posts, bollards or rings provided for that purpose;

( b ) not refuel the vessel or boat while it is in a lock chamber;

( c ) not ignite or permit the ignition of a match or mechanical lighter or the use of any other means of producing a naked flame on board the vessel or boat while it is in a lock chamber;

( d ) not open or close, or permit any person on board the vessel or boat to open or close or attempt to open or close the gates or sluices of a lock unless it is indicated by the Commissioners by a notice posted at the lock that the gates or sluices may be opened and closed by persons on board vessels or boats passing through the lock;

( e ) not cause or permit the vessel or boat to delay unnecessarily in a lock;

( f ) ensure that, whenever there is more than one vessel or boat in a lock at the same time, the engine of his vessel or boat is switched off as soon as it is secured in the lock and remains switched off until the lock gates are opened to allow egress of the vessels or boats.

17 Mooring and use of harbours.

17. (1) The master of a vessel or boat which is using, arriving at or leaving a harbour, lay-by, wharf, quay, pier or other landing-place or property of the Commissioners shall comply with any directions of the Commissioners and any authorised officers in relation to the movement, berthing, mooring, disposition, loading or unloading of the vessel lor boat.

(2) ( a ) Where it is indicated by the Commissioners by a notice posted at a berth at a harbour, lay-by, wharf, quay, pier or other landing place that the berth is reserved at specified times on specified days for the use of passenger vessels and passenger boats, a vessel or boat (other than a passenger vessel or passenger boat embarking or disembarking passengers at the berth) shall not berth at or remain at the berth at the specified times on the specified days.

( b ) The Commissioners may place a notice referred to in paragraph (a) at a berth in the navigation owned by them and such a notice shall be so positioned and of such size as to be visible to and legible by persons on vessels and boats in the vicinity of the berth concerned.

(3) A vessel or boat shall not berth at the same harbour, lay-by, wharf, quay, pier or other landing-place or other property of the Commissioners for more than 5 consecutive days or more than a total of 7 days in any one month without the permission of the Commissioners.

(4) A person shall not moor a vessel or boat without the permission of the Commissioners—

( a ) at any buoy,beacon, perch or pile marking the navigation channel,

( b ) within 50 metres of any lock,sluice,weir, barrage, fish-pass, crane or bridge other than at a lay-by, quay or harbour,

( c ) alongside any other vessel or boat unless there remains sufficient space for 2 other vessels to pass at the same time,

( d ) so as to obstruct or be likely to obstruct the passage of, or be or be likely to be a danger to, another vessel or boat or to cause or be likely to cause injury or damage to persons or property,

( e ) in any part of the navigation where mooring is prohibited or

( f ) so as to restrict access by other vessels or boats to facilities foar pumping out the waste tanks of vessels or boats.

(5) Where a vessel or boat is moored in contravention of this Bye-law, it may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner.

18 Grounding, etc., of vessels.

18. (1) The master of a vessel or boat which has gone aground or sunk at a place where it may be a hazard to another vessel shall, as soon as may be, inform the Commissioners of the occurance and take such steps as may be necessary to refloat the vessel or boat or remove it from the navigation.

(2) The master of a vessel or boat which has sunk shall mark the place of the sinking with a marker or buoy and shall maintain the marker or buoy at the place until the vessel or boat has been raised.

(3) Where a vessel or boat has gone aground or has sunk in the navigation, the vessel or boat may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner thereof.

(4) The master of a vessel or boat on which a fire or explosion has occurred shall, as soon as may be, inform the Commissioners of the occurrence and take such steps as may be necessary to prevent any consequent injury or damage to persons or property.

19 Placing of objects.

19. (1) Subject to Bye-laws 18 (2) and 21 (1) a person shall not place or erect any object or thing in the navigation without the permission of the Commissioners.

(2) An object or thing placed or erected in the navigation in contravention of this Bye-law may be removed and stored by the Commissioners until such time as it is removed from such storage by the owner thereof.

20 Parking of vehicles.

20. (1) A person shall not park a vehicle in the navigation in such place or manner as to cause or be likely to cause danger, injury, loss or damage or to cause or be likely to cause an obstruction in, or interference with, the use of the navigation.

(2) Where a vehicle (other than a caravan) is parked at a place in the navigation, it shall not be kept parked at that place or at a place within 500 metres of that place for a period of more than one week without the permission of the Commissioners.

(3) A vehicle parked in contravention of this Bye-law may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner.

21 Caravans and temporary structures.

21. (1) A person shall not—

( a ) keep a caravan, tent or other temporary structure inn the navigation for more than one week in any year, or,

( b ) use as a dwelling for more than one week in any year a caravan, tent or other temporary structure placed or erected in the navigation,

without the permission of the Commissioners.

(2) A structure in respect of which there is a contravention of this Bye-law may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner.

22 Removal of objects from navigation.

22. A boat or vessel or other object or thing in the navigation—

( a ) that interferes with the use of the navigation or the enjoyment of property,

( b ) that contravenes, or is used for the purposes of a contravention of, a provision of these Bye-laws,

( c ) from or by means of which offensive or polluting matter (within the meaning of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977)), other than matter from a marine toilet is discharged in the navigation, or

( d ) that appears to the Commissioners or an authorised officer to be abandoned and the owner of which, after reasonable inquiries, is not known to or cannot be found by the Commissioners,

may be removed and stored by or on the authority of the Commissioners or the authorised officer until such time as it is removed from such storage by the owner.

23 Commercial operations in navigation.

23. (1) A person shall not carry on any trade or business in the navigation without the permission of the Commissioners.

(2) Any object or thing that is used for the purposes of a trade or business in relation to which there is a contravention of paragraph (1) may be removed and stored by the Commissioners or an authorised officer until such time as it is removed from such storage by the owner.

24 Conditions of permissions.

24. The Commissioners may make a permission under Bye-law 17, 19, 20, 21, 23, 26 or 28 subject to such conditions as they consider necessary and specify to the person concerned; and the person concerned shall comply with any such condition.

25 Removal, etc., of articles from navigation property.

25. (1) ( a ) Where it is proposed, pursuant to these Bye-laws, to remove and store a vessel, boat, buoy, perch, marker, mooring, mooring post, tent, caravan, vehicle or other object or thing (in this Bye-law referred to subsequently as "an object"), the Commissioners or the authorised officer concerned shall serve a notice on the owner indicating that, if the object is not removed by the owner within 3 days of the date of the notice, the Commissioners or the authorised officer may remove the object and store it at a place specified in the notice until such time as it is removed by the owner from such storage and that the cost of the removal and storage as estimated by the Commissioners shall be payable by the owner to the Commissioners.

( b ) Subparagraph (a) does not apply in a case in which—

(i) the owner of an object, after reasonable inquiries, is not known to or cannot be found by the Commissioners, or

(ii) the object concerned is causing, or is likely to cause, an obstruction or nuisance in the navigation or is, or is likely to become, dangerous to persons or property.

(2) Where an object is removed and stored pursuant to these Bye-laws, an amount equal to the cost of such removal and storage together with an amount equal to the cost of the re-instatement of any damage caused by the object to property of the Commissioners shall be paid to them by the owner and may be recovered by the Commissioners from the owner as a simple contract debt in any court of competent jurisdiction.

(3) ( a ) Subject to subparagraph (b), the Commissioners may sell an object removed and stored under these Bye-laws and shall retain out of the proceeds of the sale so much of the amount required by paragraph (2) to be paid to them in respect of the object as has not been paid to them and shall pay the remainder (if any) of the proceeds to the owner or, if the owner, after reasonable inquiries, is not known to, or cannot be found by, the Commissioners, shall retain it for the owner.

( b ) Subject to subparagraph (c), where the Commissioners propose to dispose of an object under paragraph (a), they shall serve a notice on the owner indicating that, if the object is not recovered by the owner from the Commissioners, and any amount due to the Commissioners in respect of the object under paragraph (2) is not paid to them by the owner, within 42 days of the date of the notice, the Commissioners will sell the object and retain out of the proceeds of the sale so much of the amount required by paragraph (2) to be paid to them as has not been paid to them.

( c ) Subparagraph (b) does not apply in a case in which—

(i) the owner of an object, after reasonable inquiries, is not known to or cannot be found by the Commissioners, or

(ii) the value of the object concerned is, in the opinion of the Commissioners, less than £200,

if the Commissioners publish in a daily newspaper circulating in the State a notice specifying the matters required to be specified in a notice under subparagraph (b).

(4) The Commissioners shall not be liable for any loss in respect of or damage or injury to an object removed and stored pursuant to these Bye-laws or to an animal impounded pursuant to these Bye-laws, being loss, injury or damage caused by or in the course of such removal and storage or impounding, as the case may be, and not caused by negligence on the part of the Commissioners or their servants or agents.

26 Animals on the navigation.

26. (1) A person shall not turn an animal loose in, or permit an animal to stray into the navigation without the permission of the Commissioners.

(2) An animal in the navigation in contravention of this Bye-law may be removed and impounded by, or on the authority of, the Commissioners or an authorised officer.

(3) Where an animal is removed and impounded pursuant to this Bye-law, an amount equal to the cost of such removal and impounding together with the cost of making good any loss, injury, or damage to the navigation or officers of the Commissioners, or for which the Commissioners are liable, caused by the animal while on the navigation shall be paid to them by the owner of the animal and may be recovered by the Commissioners from such owner as a simple contract debt in any court of competent jurisdiction.

(4) An amount owed to the Commissioners by a person under paragraph (3) shall be recoverable by the Commissioners from the person as a simple contract debt in any court of competent jurisdiction.

(5) A document purporting to be signed by a Commissioner and stating that a specified amount is owed to the Commissioners by a specified person under paragraph (3) and has not been paid to them shall be evidence in any court or tribunal of the matters stated in the certificate.

27 Access of vehicles to the navigation.

27. (1) The Commissioners may prohibit or restrict the access of vehicles to any part or parts of the navigation.

(2) Where the Commissioners impose a prohibition or restriction under this Bye-law they shall—

post, and maintain for the duration of the prohibition or restriction, notices at or near the place or places affected indicating the prohibition or restriction and the place or places to which it relates.

28 Miscellaneous prohibitions.

28. (1) A person shall not—

( a ) bathe or swim in or in the approaches to a lock, harbour or dock or at a quay or bridge in the navigation without the permission of the Commissioners,

( b ) wash an animal or a motor car or other vehicle or any other article or thing (other than a vessel or boat) in the navigation,

( c ) deposit or leave litter or offensive matter in the navigation, other than in receptacles provided for that purpose,

( d ) do anything in the navigation that creates a nuisance,

( e ) destroy, damage or cut any tree, shrub or plant in the navigation without the permission of the Commissioners,

( f ) destroy, damage, deface or remove any other thing in the navigation,

( g ) extract water from the navigation (other than for the purpose of cooling the engines of or use on vessels and boats) except under and in accordance with a licence under paragraph (2),

( h ) discharge any water into the navigation (other than water used for the purpose of cooling the engines of vessels or boats or from sinks, wash-hand basins, showers or bilges (being bilges which have been fitted with an oil-tight tray or suitable material under the engine, gear-box and propeller shaft) on vessels and boats) except under and in accordance with a licence under paragraph (2),

( i ) organise or take part in any event in the navigation that would or might endanger vessels or boats in the navigation,

( j ) without the permission of the Commissioners organise or take part in any event in the navigation that would or might hinder the passage of or obstruct vessels or boats in the navigation without the permission of the Commissioners,

( k ) remove any sand, gravel or other material from the navigation without the permission of the Commissioners, or

( l ) omit to close a gate in the navigation opened by him or to replace a fence, or part of a fence, in the navigation removed by him.

(2) ( a ) The Commissioners may grant licences authorising the extraction of water from and the discharge of water into the navigation.

( b ) A licence under this paragraph shall be subject to such conditions as the Commissioners may impose at the time of the grant of the licence or subsequently and specify in the licence or in a notice given to the holder of the licence at the time of the imposition of the condition and, without prejudice to the generality of the foregoing, conditions under this paragraph may specify the maximum quantity of water which may be extracted or, as the case may be, discharged pursuant to the licence and the days or the times during the day or during specified days during which water may be extracted or, as the case may be, discharged pursuant to the licence.

( c ) The Commissioners may revoke a licence under this paragraph if the holder thereof has contravened a provision of the licence.

( d ) The Commissioners may refuse to grant a licence under this paragraph authorising the extraction of water from the navigation if they consider that the extraction of water or of the quantity of water to which the licence would relate would or might hamper or restrict the reasonable use of the navigation by vessels and boats.

( e ) The holder of a licence shall comply with any condition contained in the licence.

29 Appeals.

29. (1) A person may appeal to the District Court (whose decision in relation to the appeal shall be final) against—

( a ) a decision by the Commissioners pursuant to paragraph (4) or (5) of Bye-law 6,

( b ) a condition to which a permission referred to in Bye-Law 24 is made subject pursuant to that Bye-Law, or

( c ) a decision of the Commissioners to refuse to grant him a licence under paragraph (2) of Bye-law 28 or to revoke a licence granted to him under that Bye-law,

and, on the hearing of the appeal, the District Court may make such order as it considers just.

(2) An appeal under this Bye-Law shall be initiated by a person by his giving, within 6 weeks of the date on which the decision to which it relates was communicated to him—

( a ) a notice in writing to the Clerk of the District Court for the district court district in which the place to which the permission relates is situated in which the extraction or discharge concerned occurs or would occur or in which the appellant ordinarily resides or carries on any profession, business or occupation stating the intention of the person to appeal against the decision, and

( b ) a copy of the notice to the Commissioners at 51 St. Stephen's Green, Dublin 2 or to an authorised officer.

(3) The jurisdiction conferred on the District Court by this Bye-Law shall be exercised by the judge for the time being assigned to the district court district in which the place to which the permission relates is situated or in which the extraction or discharge concerned occurs or would occur or in which the appellant concerned ordinarily resides or carries on any profession, business or occupation.

30 Charges.

30. (1) A charge of the amount specified in column II of the Table to this Bye-law at any reference number shall be levied on and paid by the master of a vessel or boat to the Commissioners in respect of the matter specified in column III of the said Table at that reference number.

(2) ( a ) The master of a vessel or boat shall not moor the vessel, or cause it to be moored as specified in column III of the Table of this Bye-law opposite reference number 3 unless a charge of the amount specified in column II of that Table opposite that reference number has been paid to the Commissioners or arrangements for its payment, acceptable to the Commissioners, have been made.

( b ) The master of a vessel shall not place the vessel, or cause it to be placed, in a dry dock referred to in column III of the said Table opposite reference number 4 unless a charge of the amount specified in column II of the said Table opposite that reference number (the amount of which shall be determined by reference to the estimated length of the occupancy of the dry dock by the vessel) has been paid to the Commissioners or arrangements for its payment, acceptable to the Commissioners, have been made.

(3) A charge under this Bye-law shall be recoverable by the Commissioners from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(4) A document purporting to be signed by a Commissioner and stating that a specified amount is owed to the Commissioners by a specified person in respect of a charge under this Bye-law and has not been paid to them shall be evidence in any court or tribunal of the matters stated in the certificate.

(5) The Public Offices Fees Act, 1879 shall not apply in respect of charges payable under this Bye-law.

31 Services of notices.

31. A notice under these Bye-laws may be served on a person—

( a ) by delivering it to him,

( b ) by leaving it at the address at which the person ordinarily resides, or

( c ) by sending it by post in a prepaid registered letter addressed to the person at the address at which he ordinarily resides or, in the case of a company (within the meaning of the Companies Act, 1963 (No. 33 of 1963)), at its principal office or place of business.

TABLE TO BYE-LAW 30.

Reference number	Amount of Charge	Subject matter of charge
(I)	(II)	(III)
1.	£0.50	Passage of a vessel or boat through a lock on the Ballinamore and Ballyconnell navigation (within the meaning of section 5 of the Act) or the Erne and Lough Oughter navigation (within the meaning aforesaid).
2.	£1.20	Passage of a vessel or boat through a lock (other than a lock referred to in this column opposite reference number 1), or a lifting bridge, on the Shannon navigation.
3.	£10.00 for any period of more than 7 days and less than 1 month and £10.00 for any period of 1 month provided that the total charge shall not exceed £50.00.	Mooring a vessel or boat in a harbour, or at a quay, wharf or other property, of the Commissioners in the Shannon navigation at any time between the 1st day of November in any year and the 1st day of April in the following year.
4.	£100 for any period of occupancy of not more than 3 days together with, where the occupancy is for more than 3 days, £11 for each day in excess of 3 days.	Occupation by a vessel of a dry dock in the Shannon navigation the property of the Commissioners.

GIVEN under the Official Seal of the Commissioners of Public Works in Ireland,

this 10th day of April, 1992.

PIERCE KENNY.

EXPLANATORY NOTE.

Section 3 of the Shannon Navigation Act, 1990 empowers the Commissioners of Public works to make bye-laws for the care, conservation, management, control and maintenance and the regulation of the use of the Shannon Navigation and in relation to the restoration, repair, improvement, extension and development thereof. The Shannon Navigation Bye-laws, 1992 contain the detailed provisions prescribed by the Commissioners.

The tolls and charges for the use of certain facilities provided by the Commissioners are set out in the Table to Bye-law 30.