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LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN IRELAND) 1955 - SECT 15

Lower Bann byelaws.

15.(1) The Ministry may, after consultation with the Ministry of Commerce,
make byelaws for and in connection with the Lower Bann and the navigation
thereof and in particular for any of the following purposes, that is to say:

(a)regulating the use of the Lower Bann and preventing the improper use
thereof by navigation;

(b)preventing the improper use of any banks of the Lower Bann or any works
constructed ... under this Act or preserving any such banks or works from
damage or destruction;

(c)regulating the opening of any locks or the operation of any other works
forming part of the Lower Bann Navigation.

(2) A byelaw may empower the Ministry to require any person at his own expense
to remove from the Lower Bann any obstruction or thing left by him therein or
any tree or other matter or thing on land in his occupation which is causing
or is likely to cause any impediment to the free flow of water in the Lower
Bann or to navigation thereon or which is or may become a source of danger to
any works constructed under a scheme.

(3) The Ministry may by any byelaws impose on any person who neglects or fails
to comply with any provision thereof such reasonable penalties as the Ministry
thinks fit, not exceeding the sum of [#20] for each offence, and in the case
of a continuing offence a further penalty not exceeding [#5] for each day
after written notice of the offence has been given.

(4) Every penalty recoverable under the provisions of any such byelaw shall be
recoverable on summary conviction.

(5) The prosecution or conviction of any person for an offence against any
byelaw shall not prejudice or affect any civil or other liability of that
person which may arise by reason of any act or omission constituting that
offence and shall not prejudice or affect any liability of that person arising
under any other statutory provision by reason of such act or omission.

(6) All byelaws shall be subject to negative resolution.


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© 1955 Crown Copyright

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