Maritime Safety Act 2005
Requirement to cease operating craft or to remove it from waters in certain circumstances.
8.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is operating a craft—
(a) on waters where it is prohibited by law to use a craft,
(b) in contravention of bye-laws made under section 6 or of section 10, 23 or 24, or
(c) in or on waters in circumstances (whether or not such bye-laws are contravened) which the authorised person or member considers that the craft poses—
(i) a risk or danger to persons, or property or a serious nuisance to persons, in, on or adjacent to the waters, or
(ii) a risk of damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,
he or she may require the person to—
(I) cease operating the craft, or
(II) remove or cause to be removed or allow an authorised person or a member of the Garda Síochána to remove the craft from the waters concerned.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000.
Annotations
Amendments:
F7
Substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 238(c), not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: subs. (1)(c)(ii) amended by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 238(c), not commenced as of date of revision.
(ii) a risk of damage to or interference with a natural heritage area or a monument or wreck protected under the F7[Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023],
Editorial Notes:
E20
A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
E21
Form of fixed payment notice for offences under subs. (2) prescribed (27.07.2005) by Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005 (S.I. No. 390 of 2005), reg. 2 and sch. 1.