2. Byelaws shall be made under the common seal of the statutory harbour authority and shall not have effect until they are confirmed by the Department of the Environment: Provided that a byelaw which prohibits or regulates the entry of explosives into a harbour area and which has been made after consultation with any berth operator who appears to the authority to be affected by the proposed byelaw, shall come into operation when application is made for its confirmation but such a byelaw shall cease to have effect if the Department of the Environment refuses to confirm it or, if it confirms it with modifications, shall thereafter have effect as so modified.