Maritime Safety Act 2005
Amendment of Canals Act 1986. |
56.—The Canals Act 1986 is amended— | |||
(a) in section 7, by inserting after subsection (1) the following: | ||||
“(1A) (a) If Waterways Ireland 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 canal or other canal property 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 specified in the notice, and | ||||
(ii) a person may submit to Waterways Ireland 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) Waterways Ireland 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 Waterways Ireland in writing at any time during the period of 21 days. Waterways Ireland shall consider the objections. | ||||
(e) On the expiration of the period of 21 days, Waterways Ireland shall, as it thinks proper, refrain from making the bye-laws or, with the consent of the Minister for Community, Rural and Gaeltacht Affairs, make the bye-laws either without modification or with such modification, as it thinks proper. | ||||
(f) A copy of the bye-laws for the time being in force under subsection (1) in relation to a canal or other canal property shall be made available by Waterways Ireland for inspection by the public at the public offices of Waterways Ireland during ordinary office hours. Waterways Ireland shall make available to the public at such price (if any) as may be determined by it copies of bye-laws for the time being in force relating to a canal or other canal property.”; | ||||
(b) in section 7— | ||||
(i) by substituting for subsection (3), the following: | ||||
“(3) A person who contravenes a bye-law under subsection (1) (other than paragraph (i)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5000.”, | ||||
(ii) by deleting subsection (4), and | ||||
(iii) by inserting after subsection (7) the following: | ||||
“(8) Waterways Ireland may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under bye-laws made under subsection (1)(i).”, | ||||
and | ||||
(c) by inserting after section 7, the following: | ||||
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