Maritime Safety Act 2005

PART 2

Personal Watercraft and Recreational Craft

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.