Maritime Safety Act 2005

Bye-laws relating to regulation and control of craft.

6

6.—(1) Bye-laws may be made regulating or controlling the operation of craft or craft of a specified class by—

( a) a local authority, in waters in its functional area, other than waters referred to in paragraph (b) (except where the harbour authority concerned agrees) or paragraph (c) ,

( b) a harbour authority, in or on waters under its control or management, or

( c) Waterways Ireland, in or on waters under its control or management,

in respect of any or all of the following matters—

(i) the prohibition or restriction in the waters or such part of the waters specified in the bye-laws of the operation generally or for any particular purpose of craft or specified classes of craft in such places or at such times (if any) or for such periods (if any) as specified in the bye-laws—

(I) in the interests of the safety of persons using the waters generally or at certain times,

(II) to prevent nuisance to or injury to persons or damage to watercraft or other property on the waters, or

(III) subject to subsection (7), to protect—

(A) a natural heritage area, or

(B) a monument or wreck protected under the National Monuments Acts,

(ii) matters relating to launching, mooring or berthing craft,

(iii) conditions to be observed by operators of craft with regard to the waters or the adjacent area in which craft are used or launched, or

(iv) maximum speed limits at which craft may be operated.

(2) A person who operates a craft in contravention of a bye-law made under subsection (1)(i) is guilty of an offence and is liable on summary conviction to a fine not exceeding—

( a) €1,000, in the case of a first offence, or

( b) €2,000, in the case of a second or subsequent offence.

(3) A person who fails to comply with bye-laws made under subsection (1)(ii), (iii) or (iv) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) A person who allows himself or herself to be carried on or towed by a craft in contravention of a bye-law under subsection (1)(i) to operate such craft is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(5) An authority which prohibits or restricts the operation of craft under subsection (1)(i) shall erect and maintain notices giving details of the prohibition or restriction in conspicuous places on or near the waters concerned.

(6) The making of bye-laws under this section by a local authority is a reserved function.

(7) An authority shall consult with the Minister for the Environment, Heritage and Local Government before making bye-laws regulating or controlling the operation of craft in or adjacent to—

( a) a natural heritage area, or

( b) a monument or wreck protected under the National Monuments Acts.

Annotations:

Editorial Notes:

E16

Form of fixed payment notice for offences under subss. (2), (3) and (4) prescribed (27.07.2005) by Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005 (S.I. No. 390 of 2005), regs. 2 and 3 and schs. 1 and 2.