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The Water (Northern Ireland) Order 1999


This is the original version (as it was originally made).

Power of Laganside Corporation to make byelaws

59.  For Article 19 of the [1989 NI 2.] Laganside (Northern Ireland) Order 1989 there shall be substituted the following Article—

Byelaws as to use of river and certain adjacent land

19.(1) The Corporation may make byelaws—

(a)regulating the use of the river by vessels;

(b)requiring vessels using the river to be licensed for that purpose by the Corporation;

(c)regulating fishing in the river;

(d)requiring persons fishing in the river to obtain a permit for that purpose from the Corporation;

(e)regulating the grant, renewal and revocation of licences under sub-paragraph (b) and permits under sub-paragraph (d), the conditions subject to which such licences and permits are to be granted and prescribing the fees payable in respect of the grant or renewal of such licences or permits;

(f)regulating the construction, condition, safety and control of vessels which may use the river and the equipment to be carried on such vessels;

(g)regulating the movement of vessels, and the use of lights, on the river;

(h)for the levying by the Corporation of charges in respect of the use of the river or any service or facility provided by the Corporation on the river or on land adjacent to the river;

(i)for the removal by the Corporation of vessels or objects from the river in such circumstances as may be specified in the byelaws, the storage and disposal by the Corporation of vessels or objects so removed and the recovery by the Corporation of the costs of removal, storage and disposal;

(j)regulating the conduct of persons on the river or on land adjacent to the river and under the management of the Corporation;

(k)prohibiting the erection of any structure in the river or on land mentioned in sub-paragraph (j) without the consent of the Corporation;

(l)prohibiting the carrying on of any commercial activity on the river or on any land mentioned in sub-paragraph (j) without the consent of the Corporation;

(m)for such other purposes as appear to the Corporation to be appropriate in furthering the object of the Corporation.

(2) Byelaws under this Article shall not apply in relation to—

(a)any part of the river within the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967; or

(b)any land adjacent to any such part of the river.

(3) Byelaws under this Article shall be made and have effect as if sections 91 (except subsection (6)), 92, 93 and 94(1) of the Local Government Act (Northern Ireland) 1972 applied to them as those provisions apply to byelaws made by a district council, and as if—

(a)for any reference in those provisions to a council or to the clerk of the council there were substituted a reference to the Corporation or to the chairman of the Corporation; and

(b)for any reference to the Ministry concerned there were substituted a reference to the Department and the Department of Agriculture acting jointly.

(4) The powers to secure the observance of byelaws made under this Article which are conferred on an authorised officer of the Corporation under section 93 of the Local Government Act (Northern Ireland) 1972 (as applied by paragraph (3)) include power—

(a)to board and inspect any vessel on the river; and

(b)to require any person suspected of contravening a byelaw to furnish his name and address to the officer.

(5) Section 94 of the Public Health Act Amendment Act 1907 (licensing powers of district council in relation to pleasure vessels and persons in charge thereof) shall not apply in relation to any vessel using the river..

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