The Commissioners of Public Works in Ireland, in exercise of the powers conferred on them by section 7 of the Canals Act, 1986 (No. 3 of 1986), hereby make the following Bye-laws:

Citation and commencement.

1. (1) These Bye-laws may be cited as the Canals Act, 1986 (Bye-laws), 1988.

(2) These Bye-laws shall come into operation on the 11th day of October, 1988.

Definitions.

2. In these Bye-laws, except where the context otherwise requires--

"aquatic event" means any event organised on the canal property;

"boat" includes barge, vessel or any other water craft;

"canal property", without prejudice to the meaning in the Canals Act, 1986 , includes any building, plant, equipment, property or land owned or used by the Commissioners in the execution of their duty under the Act;

"Commissioners" means the Commissioners of Public Works in Ireland;

"gross tonnage" and "net tonnage" shall be as determined in accordance with the provisions of the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"master" means the person in charge of a boat;

"polluting matter" has the meaning given to it by the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);

"under way" in relation to a boat means a boat which is not at anchor nor made fast to the shore nor aground.

Authorised officers.

3. (1) For the purposes of these Bye-laws an authorised officer shall be every employee of the Commissioners designated in that behalf by the Commissioners.

(2) Each person designated as an authorised officer under paragraph (1) of this Bye-law shall be given an instrument of appointment as an authorised officer which shall be sufficient warrant for exercising the powers conferred by these Bye-laws and shall, if requested by any person affected, produce the said instrument to that person.

Powers of authorised officers.

4. (1) In addition to the powers conferred elsewhere in these Bye-laws each authorised officer may:--

( a ) enter on and inspect any boat on any part of the canal property for the purpose of ensuring compliance with these Bye-laws;

( b ) request persons on any part of the canal property to give to the officer such information within their knowledge as the officer may require relating to matters to which these Bye-laws apply.

(2) Persons on any part of the canal property shall give to an authorised officer such information within their knowledge relating to matters to which these Bye-laws apply as the officer may require.

Directions by Commissioners or authorised officers.

5. (1) A person who is on canal property shall obey any directions by the Commissioners, or of an authorised officer, for the care, management and maintenance of the said property.

(2) Any person on canal property who, in the view of an authorised officer, does any act which is in contravention of these Bye-laws shall leave the canal property if instructed to do so by an authorised officer.

Issue and revoking of permits.

6. (1) The Commissioners may issue permits to authorise and regulate the use of boats on the canal property.

(2) Permits may contain such reasonable written conditions as the Commissioners think fit.

(3) Permits shall be for stated periods or journeys.

(4) Permits may be revoked or withdrawn by the Commissioners.

(5) The Commissioners may, at their discretion, decline to issue any permit.

(6) Where the Commissioners propose to revoke or withdraw a permit they shall, subject to paragraph (7) of this Bye-law, serve notice on the owner of the boat.

(7) Where it has not been found possible on reasonable enquiry to ascertain the name and address, or to locate the owner, or where the boat, in the opinion of the Commissioners or any of their authorised officers, is or is likely to become or create an obstruction or danger to the canal property or other users or is likely to deposit or discharge any offensive or polluting matter on to any part of the canal property, the Commissioners, or any of their authorised officers, may withdraw or revoke the permit without prior notification to the owner.

(8) Any boat on canal property which is without a valid permit but is being used for a purpose for which a permit is required under these Bye-laws may be removed and stored by, or on the authority of, the Commissioners.

Construction and safety measures on boats.

7. (1) No person shall navigate or moor any boat on the canals unless such boat and the equipment thereof shall be maintained in good and efficient working order, and shall be such and so maintained that no danger is liable to be caused thereby to any person or property.

(2) Without prejudice to the generality of paragraph (1) of this Bye-law, the owner of each boat used on the canals shall ensure that--

( a ) all steering gear is maintained in good and efficient working order and is properly adjusted;

( b ) each boat is constructed and maintained in such a condition as to prevent to such extent as is reasonably possible the emission of any exhaust gasses the emission of which might cause damage to persons or property or to the aquatic environment, or endanger the safety or health of any user of the canals;

( c ) all fuel tanks and all apparatus supplying fuel to the engine of a boat are--

(i) of sound construction and adequately vented and have suitable provision for the prevention of spillage of fuel into the boat or canal property; and

(ii) placed as far as practicable away from the engine, the exhaust pipe and any cooking or heating appliances;

( d ) all fuel supply pipes are fitted with a valve designed to shut off the supply of fuel between the tank and the engine;

( e ) all joints and cocks are easily accessible and maintained in such a manner as to eliminate the risk of fire from leaking fuel;

( f ) all electric leads shall be adequately insulated and protected and so placed that they cannot cause any danger;

( g ) each boat with a fixed engine is equipped with a master switch capable of switching off all power to the engine and that each such switch shall be fitted as close as practicable to the terminals of the battery of the boat.

Equipment of boats.

8. (1) The owner of a boat used on the canals shall ensure that the boat is equipped with--

( a ) bow and stern mooring lines suitable for the tonnage and length thereof and of sufficient length and tensile strength to moor the boat securely;

( b ) a suitable anchor, where it is appropriate to the type of boat, and a cable, chain or hawser for use with the anchor;

( c ) sufficient fenders to prevent damage to other boats using the canals, or to canal property;

( d ) a sufficient number of life buoys and life jackets for all those on board.

(2) The owner of every mechanically propelled boat used on the canals shall, in addition, ensure that the boat is equipped with

( a ) an efficient exhaust silencer, and

( b ) a good an efficient means of reversing.

Liquid petroleum gas on boats.

9. (1) No person shall have on board a boat used on the canals any cylinder containing liquid petroleum gas or other combustible gas unless such cylinder is--

( a ) secured on deck away from hatches or other openings of the boat or placed in a housing which is ventilated and specially adapted to secure such cylinder and to allow access to the cylinder only from the top of the cylinder;

( b ) installed in an upright position with the valve of the cylinder uppermost;

( c ) installed at a safe distance from any cooking or heating appliance;

( d ) not installed in an engine area or in or near the fuel supply of the boat;

(2) Butane and propane gas burning installations shall comply with British Standard 5482: Part 3: 1979 -- "Code of Practice for Domestic butane-and propane-gas-burning installations. Part 3: Installations in boats, yachts and other vessels".

(3) Production of a copy of British Standard 5482 purporting to be published by the British Standards Institution shall be prima facie evidence in any Court for the purpose of paragraph 2 of this Bye-law.

Storage of inflammable spirit on boats.

10. The owner, master, or person in charge of any boat navigating or moored on the canals shall take proper steps to ensure that inflammable spirit taken on to a boat shall be loaded, stored and used in such a manner as not to be or become a danger or nuisance to any persons or property.

Fire extinguishers on boats.

11. (1) No person shall navigate or moor on the canals a boat which has an enclosed cabin unless there is on board--

( a ) in the case that the boat does not exceed 5 metres in length, a dry powder fire extinguisher of 1.0 kilogrammes capacity,

( b ) in the case that the boat exceeds 5 metres but does not exceed 9 metres,

(i) where the boat does not have cooking facilities, a dry powder fire extinguisher of 1.0 kilogrammes capacity, or

(ii) where the boat has on board cooking facilities, 2 dry powder fire extinguishers each of which is of 1.0 kilogrammes capacity

( c ) in the case that the boat exceeds 9 metres

(i) where the boat does not have cooking facilities, 2 dry powder fire extinguishers each of which is of 1.0 kilogrammes capacity, or

(ii) where the boat has cooking facilities, 3 dry powder fire extinguishers each of which is of 1.0 kilogrammes capacity.

(2) A boat shall be deemed to comply with the requirements laid down in paragraph (1) of this Bye-law if, in place of a dry powder fire extinguisher, it carries a carbon dioxide fire extinguisher of 2.0 kilogrammes capacity, or a foam extinguisher of 9 litres capacity.

(3) Fire extinguishers carried on boats in compliance with this Bye-law shall--

( a ) be in good working order, and

( b ) be located in accessible positions on the boat as near as practicable to points on the boat where the potential for fire is greatest.

Domestic appliances on boats.

12. The owner, master or person in charge of a boat used on the canals which is equipped with any appliances for heating, cooking, heating water or keeping food refrigerated, shall ensure that such appliances shall be firmly secured to a solid surface of the boat.

Batteries on boats.

13. No person shall navigate or moor a boat on the canals unless any battery used on the boat is--

( a ) securely installed in a ventilated compartment so as to prevent accidental movement and damage to such battery, and

( b ) fitted so as to be as far away as practicable from any petrol cock, fuel tank or fuel filter.

Maximum dimensions of boats.

14. (1) No person shall navigate or moor any boat on the canals, except in Ringsend Dock or between locks 35 and 36 of the Grand Canal if such boat exceeds 18.7 metres in length, 4.0 metres in beam and 1.2 metres in draft, other than with the consent of the Commissioners.

(2) No person shall navigate or moor any boat in Ringsend Dock if such boat exceeds 45.1 metres in length, 9.1 metres in beam and 4.4 metres in draft, other than with the consent of the Commissioners.

(3) No person shall navigate or moor any boat on the Grand Canal between locks 35 and 36 if such boat exceeds 24.4 metres in length, 4.4 metres in beam and 1.2 metres in draft, other than with the consent of the Commissioners.

Appointment of master of boat.

15. The owner of a mechanically propelled boat, which is powered by an engine exceeding 10 BHP, shall not navigate or permit the navigation of the boat on any part of the canals unless--

( a ) the owner, or some other person whom the owner deems competent, has been designated by the owner to be master of the boat, and

( b ) the boat has a competent crew of such number and of such skills as to enable the boat to be navigated safely on any part of the canals, and

( c ) the master shall be in command of the boat at all times when the boat is under way.

Care for other canal users and property.

16. Persons on canal property shall behave with due care and attention and with reasonable consideration for the property and for other persons using the canals.

Alcohol or drugs.

17. Persons who are under the influence of alcohol or drugs to such an extent as to have their capability to navigate or have proper control of any boat impaired shall not--

( a ) navigate such boat on the canals or

( b ) use any equipment or installation owned by the Commissioners.

Prohibitions on navigation.

18. (1) The Commissioners may prohibit navigation on the canals or any part thereof from time to time for the purposes of--

( a ) work on the canal property, or

( b ) any aquatic event authorised by the Commissioners.

(2) The Commissioners, or any authorised officer, may prohibit navigation on the canals or any part thereof from time to time for the purposes of--

( a ) an emergency, or

( b ) preventing the passage of a boat in respect of which a permit has not been issued under these Bye-Laws, or has been withdrawn, or is not displayed in the manner prescribed in Bye-law 40 of these Bye-laws.

Restriction on navigation by night etc.

19. (1) No person shall navigate, or cause to be navigated, on the canals any boat by night or in poor visibility, except with the permission of the Commissioners,

(2) In this Bye-law "night" means the hours between sunset and sunrise.

Navigation.

20. (1) No two mechanically propelled boats shall run abreast of each other on the canals.

(2) Boats navigating with the stream on the canals shall have precedence of passage through a bridge over those navigating against the stream.

(3) Boats navigating in opposite directions shall pass port side to port side. Where necessary, boats navigating against the stream shall reduce speed, or stop, to allow clear passage to boats navigating with the stream.

(4) The master, or person in charge, of any boat who is navigating such boat in order to overtake another boat shall overtake on the port side of the boat to be overtaken.

Danger etc. to other canal users and speed on canals.

21. (1) The master, or person in charge, shall not navigate a boat on the canals at such speed or in such a manner as to cause or be likely to cause danger, injury, damage, obstruction or nuisance to other users of the canals, or to any property.

(2) Subject to paragraph (3) of this Bye-law a master, or person in charge, shall not navigate a boat on the canals at a speed in excess of 6 Km per hour.

(3) The master, or person in charge, shall not navigate a boat on the Barrow Navigation at a speed in excess of 11 Km per hour, except as necessary for safe navigation in conditions of fast flow.

(4) The master, or person in charge, of any boat on the canals approaching or passing any place where work is being carried on shall reduce speed.

(5) The master, or person in charge, of any boat used on the canals shall reduce the speed of such boat when approaching any lock on the canals and be prepared to stop and keep out of the way of any boats leaving such lock.

Boats under sail.

22. (1) A person shall not navigate a sail boat on the canals unless the mast can be lowered on and secured to the deck of the boat.

(2) A boat under sail on the canals shall have a right of way over any other boat, except for a mechanically propelled boat which is restricted in its ability to manoeuvre.

(3) When two boats under sail on the canals are approaching one another, so as to avoid the risk of collision, one of them shall keep out of the way of the other as follows:

( a ) when each has the wind on a different side, the boat which has the wind on the port side shall keep out of way of the other, or

( b ) when both have the wind on the same side, the boat which is to windward shall keep out of the way of the boat which is to leeward.

(4) No person shall hoist a sail when navigating into or out of a lock.

(5) For the purpose of this Bye-law, the windward side shall be deemed to be the side opposite to that on which the main sail is carried or, in the case of a square rigged boat, the side opposite to that on which the largest fore-and-aft sail is carried.

Operation of locks.

23. The master, or person in charge, of a boat shall--

( a ) as soon as possible after entry to a lock chamber, secure the boat with a bow line and a stern line to the posts, bollards or rings provided for that purpose;

( b ) not refuel the boat while it is in the chamber;

( c ) not permit the ignition while in a lock chamber, of any match, artificial lighter or other means of producing a naked flame by any person on board a boat carrying inflammable spirit;

( d ) not attempt to open or close the gates of any lock other than by means provided for that purpose;

( e ) not attempt to open or close the gates of any lock before the water level on either side of such gates is level;

( f ) not operate any sluice until the lock gates are closed;

( g ) not cause or permit any boat under his or her control to delay unnecessarily in any lock;

( h ) ensure that, whenever there is more than one boat in a lock at the same time, the engine of each boat is switched off before the lock gates are closed and remains switched off until the lock gates are opened to allow the egress of the boats;

( i ) not fill or empty or cause the filling or emptying of a lock when there is another boat approaching within sight and reasonable distance of the lock from the opposite direction to the boat under his or her control and where the level of the water in the lock is suitable for the approaching boat to enter the lock; and

( j ) not navigate the boat singly through any lock when there is another boat or boats approaching within sight and reasonable distance from the same direction which are capable of being accommodated in the lock at the same time.

Precedence of boats for berths.

24. At every harbour or landing place on the canal property boats shall have precedence for berths in order of their arrival.

Mooring of boats and fixing of ropes.

25. (1) No person shall moor a boat--

( a ) at any lock, sluice, barrage, weir or bridge in such a way as to cause damage to or cause an obstruction to safe use of the said lock, sluice, barrage, weir or bridge;

( b ) alongside another boat except where there remains sufficient space for two boats to pass and repass at the same time; or

( c ) so as to cause danger or obstruct the passage of any boat in any part of the canals; or

( d ) at the same place on the canals, or within 500 metres of the same place, for more than 5 days without the appropriate permit from the Commissioners.

(2) No person shall affix any mooring rope to any sluice, lockgate, bridge or other property of the Commissioners not provided for the purpose of mooring.

(3) Where a mooring rope is affixed to any sluice, lockgate, bridge or other property of the Commissioners not provided for the purpose of mooring, the rope may be removed and stored by, or on the authority of, the Commissioners.

(4) Where a boat is moored on any part of the canals in contravention of this Bye-law the boat may be removed and stored by, or on the authority of, the Commissioners.

Placing of buoys etc.

26. (1) Except as is permitted under Bye-law 27 of these Bye-laws, no person shall place at the same location on the canal property any buoy, perch, marker, mooring or mooring post for a period longer than 5 days, other than with the consent of the Commissioners.

(2) Any buoy, perch, marker, mooring or mooring post placed or left in the canal property in contravention of this Bye-law may be removed and stored by, or on the authority of, the Commissioners.

Going aground etc. of boats.

27. (1) The owner, master, or person in charge of any boat which has--

( a ) gone aground on any part of the canal property, or

( b ) sunk in any part of the canals

shall, as soon as possible after the going aground or the sinking, inform the Commissioners thereof, and take all such steps as may be necessary to re-float the boat or remove it from the canal property.

(2) The owner, master or person in charge of any boat which has sunk in any part of the canals shall mark the place with a marker or buoy where such boat sank and shall maintain the marker or buoy in that place until such boat has been raised.

(3) Where a boat has gone aground or has sunk in any part of the canal property, the boat may be removed and stored by, or on the authority of, the Commissioners.

Placing of objects on canal property.

28. (1) No person shall place on any part of the canal property any object whatsoever, except as a temporary mooring post, unless such object is placed more than two metres away from the edge of the water in the canals, other than with the permission of the Commissioners.

(2) Any object may be removed and stored by, or on the authority of, the Commissioners where such object is placed in contravention of this Bye-law.

Parking of caravans etc. on canal property.

29. (1) No person shall park a caravan or any vehicle on canal property in such a place or in such a manner as to cause or be likely to cause danger, injury, damage, obstruction or interfere with the use of the canal property.

(2) No person shall park a caravan or any vehicle at the same place on canal property, or within 500 metres of the same place, for a period of more than one week, except with the written permission of the Commissioners.

(3) Any caravan or vehicle may be removed and stored by, or on the authority of, the Commissioners where such caravan or vehicle is parked in contravention of this Bye-law.

Use of a structure, tent, caravan or vehicle as a dwelling.

30. (1) No person shall place or use any structure, tent, caravan or vehicle as a dwelling on canal property, except with the written permission of the Commissioners.

(2) Any such structure, tent, caravan or vehicle placed or used on canal property in contravention of this Bye-law may be removed and stored by, or on the authority of, the Commissioners.

(3) This Bye-law shall not apply to persons using canal property for a period of not more than one week at the same place.

Removal of boats etc. from canal property.

31. Any boat, vehicle or object may be removed by, or on the authority of, the Commissioners where such boat, vehicle or object interferes with the use of the canals or canal property.

Commercial operations on canal property.

32. (1) No person shall engage in any commercial operations on the canal property, except with the written permission of the Commissioners.

(2) Any thing whatsoever which is used on canal property for the purposes of a commercial operation in contravention of this Bye-law may be removed and stored by, or on the authority of, the Commissioners.

Notice of Commissioners' intention to remove articles from canal property.

33. (1) Where the Commissioners, or any person acting on the authority of the Commissioners, propose to remove any boat, buoy, perch, marker, mooring, mooring post, tent, caravan, vehicle or object (in Bye-laws 33 and 34 referred to as an article) in accordance with the provisions of Bye-laws 6, 25, 26, 27, 28, 29, 30, 31 or 32 of these Bye-laws the Commissioners shall, subject to paragraphs (2) and (3) of this Bye-law, serve notice of their intention on the owner of the article.

(2) Where it has not been found possible on reasonable enquiry to ascertain the name and address of the owner of the article or where the owner fails on request to remove an article within a reasonable period the Commissioners, or any person acting on the authority of the Commissioners, may remove it forthwith.

(3) Where an article in the opinion of the Commissioners, or any authorised officer, is or is likely to become or create an obstruction or danger to the canal property or other users or is likely to deposit or discharge any offensive or polluting matter on to any part of the canal property, the Commissioners or any authorised officer, or any person acting on the authority of the Commissioners, may remove such article without prior notification to the owner.

Removal and disposal of articles from canal property.

34. (1) Where any article has been removed and stored in accordance with Bye-Laws 6, 25, 26, 27, 28, 29, 30, 31 or 32 of these Bye-laws there shall be payable to the Commissioners by the owner of such article compensation equal to the costs incurred by the Commissioners in the removal and storage of, and including the cost of making good any expense, loss or damage caused by, such article. The amount of the compensation shall be computed by the Commissioners and their certificate as to the amount thereof shall be final.

(2) The Commissioners may dispose of any article which has been removed and stored in accordance with Bye-laws 6, 25, 26, 27, 28, 29, 30, 31 or 32 of these Bye-laws in any manner they think fit where the owner of the article has not claimed it and paid the compensation due within one month.

(3) Where the Commissioners propose to dispose of an article in accordance with the provisions of this Bye-law, they shall, subject to paragraph (4) of this Bye-law, and provided the article is valued by the Commissioners at more than £200, serve on the owner of the article a notice of their intention to dispose of the article.

(4) Where it has not been found possible on reasonable enquiry to ascertain the name and address of the owner of the article the Commissioners shall publish in at least one daily newspaper notice of their intention to dispose of the article.

(5) Compensation under this Bye-law may, in default of being paid, be recovered as a simple contract debt in a court of competent jurisdiction.

(6) The Commissioners shall not be liable for any loss or damage arising from the removal, storage or disposal in accordance with these Bye-laws of any article.

Encroachments on canal property.

35. (1) No person shall erect or place any encroachment whatsoever on any part of the canal property, other than with the consent of the Commissioners.

(2) Any encroachment erected or placed on the canal property in contravention of this Bye-law may be removed by, or on the authority of, the Commissioners.

(3) Where the Commissioners, or any person acting on the authority of the Commissioners, propose to remove any encroachment from the canal property the Commissioners shall, subject to paragraphs (4) and (5) of this Bye-law, serve notice of their intention on the person or persons encroaching.

(4) Where it has not been found possible on reasonable enquiry to ascertain the name and address of the person or persons encroaching, or where the person or persons encroaching fails on request to remove the encroachment within a reasonable period, it may be removed forthwith by, or on the authority of, the Commissioners.

(5) Where an encroachment in the opinion of the Commissioners, or any authorised officer, is or is likely to become or create a serious danger to the canal property or users or is likely to deposit or discharge any offensive or polluting matter on to any part of the canal property, the Commissioners or any authorised officer, or any person acting on the authority of the Commissioners, may remove such encroachment from the canal property without prior notification to the person or persons encroaching.

(6) Where an encroachment has been removed by, or on the authority of, the Commissioners compensation equal to the costs incurred by the Commissioners, including the cost of making good any expense, loss or damage caused by the encroachment, shall be payable to the Commissioners by the person or persons encroaching. The amount of the compensation shall be computed by the Commissioners and their certificate as to the amount thereof shall be final.

(7) Compensation under this Bye-law may, in default of being paid, be recovered as a simple contract debt in a court of competent jurisdiction.

Wandering or straying animals on canal property.

36. (1) No person shall allow any animal to be turned loose or permitted to stray on any part of the canal property, except with the written permission of the Commissioners.

(2) Any animal turned loose or permitted to stray in contravention of this Bye-law may be removed and impounded by, or on the authority of, the Commissioners.

(3) Where an animal is impounded in pursuance of the powers conferred by this Bye-law there shall be payable to the Commissioners by the owner of such animal compensation equal to the costs incurred by the Commissioners in the removal, transportation and impounding of the animal and including the cost of making good any expense, loss or damage caused by the animal while on canal property in contravention of this Bye-law. The amount of the compensation shall be computed by the Commissioners and their certificate as to the amount thereof shall be final.

(4) Compensation under this Bye-law may, in default of being paid, be recovered as a simple contract debt in a court of competent jurisdiction.

Prohibitions or restrictions on the access of mechanically propelled vehicles to canal property.

37. (1) The Commissioners may prohibit or restrict the access of mechanically propelled vehicles to any part or parts of the canal property.

(2) Where it is proposed to prohibit or restrict the access of mechanically propelled vehicles under paragraph (1) of this Bye-law for a period in excess of eight weeks the Commissioners shall place a notice to that effect in at least one newspaper circulating in the area or areas concerned.

Miscellaneous prohibitions.

38. No person shall--

( a ) bathe or swim in any lock, harbour or dock on the canals, except with the permission of the Commissioners;

( b ) wash any animal in the canals or any motor-car or other vehicle or any article or thing upon any part of the canal property;

( c ) deposit or leave any litter on any part of the canal property;

( d ) light any fire which might endanger any part of the canal property or cause nuisance to other canal users;

( e ) destroy, damage or cut any tree, shrub or plant on any canal property, except with the permission of the Commissioners;

( f ) kill, injure or otherwise interfere with any species of wild life on the canal property which is protected under the Wildlife Act, 1976 or by Bye-laws made thereunder;

( g ) destroy, damage or deface any notice placed by the Commissioners, or with their permission, on any part of the canal property;

( h ) destroy, damage or unlawfully remove any life saving equipment from any part of the canal property;

( i ) cause damage to any part of the canal property;

( j ) permit any animals to cause damage to the canal property, or nuisance to canal users;

( k ) erect any advertising sign or hoarding on any part of the canal property, except with the written permission of the Commissioners;

( l ) cause or permit any polluting matter to enter the canals, or deposit or cause to be deposited waste oil or any offensive matter on any part of the canal property;

( m ) extract any water from the canals, other than for the purpose of cooling the engines of boats, except under licence from the Commissioners;

( n ) discharge any water into the canals, other than water used for the purpose of cooling the engines of boats, or from sinks, wash-hand basins and showers on boats, except under licence from the Commissioners;

( o ) cut adrift any boat moored on the canals;

( p ) go aboard any boat on the canal property without the permission of the owner of that boat except as is necessary to moor or move another boat or to gain access to another boat, or in case of an emergency;

( q ) hold any aquatic event without the permission of the Commissioners;

( r ) throw, shoot or otherwise propel any stone, shot, bullet or other missile from, into or over any boat, or the canal property;

( s ) remove any sand, gravel or other material from the canal property without the permission of the Commissioners;

( t ) leave open any gate or rail used as a fence, or part of a fence, on any part of the canal property.

Serving of notice under the Bye-laws.

39. For the purposes of Bye-laws 6, 33, 34 and 35 of these Bye-laws notice shall be deemed to have been well and sufficiently served if sent to the person concerned by registered post or delivered to him or her by an employee of the Commissioners.

Tolls and charges.

40. The owner, master or person in charge of any boat shall--

( a ) pay tolls and charges prescribed by the Commissioners and as set out in the Schedule to these Bye-laws;

( b ) ensure that permits issued by the Commissioners in return for payment of tolls and charges shall be displayed in such a manner on the boat as to be legible from the canal-bank at all times during daylight hours.

Commissioners' non-liability for delays and stoppages.

41. (1) These Bye-laws make no representation or give any warranty as to the condition of the canals.

(2) The Commissioners shall not be liable for the consequences of any stoppage of navigation or delay arising from the execution of their duties or responsibilities under the Canals Act, 1986 (No. 3 of 1986).

The powers conferred on the Commissioners by these Bye-laws are in addition to and not a substitution for any statutory or other powers which they may have.

SCHEDULE

Tolls and Charges

(1) ( a ) pay a fee of £10.00	per month or part of month for each boat mooring on the canals;
( b ) pay a fee of £0.50	per boat for passage through each lock, except for boats passing through Camden Lock in Ringsend for which the toll is £10 per boat;
( c ) pay a fee of £100	per annum for each boat for mooring and passage through locks.
(2) Pay a fee of £11	per day or part of day for use of dry dock facilities.

(3) For boats exceeding 18.7 metres in length pay harbour rates at Grand Canal Dock, Ringsend, calculated on registered tonnage of ships on every ton of the net registered tonnage or on half the gross tonnage (whichever is the greater), as follows:

( a ) Category	Rate per Ton
(i) Boats entering or leaving the dock for periods of up to 14 days for the purpose of shipping, unshipping or transhipping cargo	£1.10
(ii) Periods in excess of 14 days -- for each month or part thereof	£1.30;
( b ) Boats entering the dock for the purpose of lying or mooring therein -- for each month or part thereof	£1.30;
( c ) Boats entering the dock to effect repairs afloat
(i) for periods of up to one month	£1.72
(ii) for periods in excess of one month for each period of a month or part thereof	£1.30;
( d ) Boats under 30 tons net registered tonnage, and which exceed 18.7 metres in length, entering into the dock for the purpose of lying or mooring therein. Minimum charge £79.00	£39.50 (per month or part of month);
( e ) Dues on cargo of every description, shipped or unshipped at the wharves	£0.40 (per ton).
( f ) Pay a fee of £50 for each occasion when it is necessary to raise General McMahon bridge Ringsend to allow passage of a boat.

GIVEN under the Official Seal of the Commissioners of Public Works in Ireland

this 27th day of September, 1988.

PIERCE KENNY,

Office of Public Works, Dublin.

EXPLANATORY NOTE.

Section 7 of the Canals Act, 1986 empowers the Commissioners of Public Works to make Bye-laws for the care, management, maintenance, control and regulation of the use of the canal property. The Canals Act, 1986 (Bye-laws), 1988 contain the detailed provisions prescribed by the Commissioners.

The tolls and charges for the use of certain facilities provided by the Commissioners on the canals are set out in the schedule.

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	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Canals Act, 1986 (Bye-Laws), S.I. No. 247/1988 URL: http://www.bailii.org/ie/legis/num_reg/1988/0247.html

Irish Statutory Instruments

S.I. No. 247/1988 -- Canals Act, 1986 (Bye-Laws), 1988.