BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 7

Byelaws as to ships loading and carrying petroleum-

7.(1) It shall be the duty of every harbour authority to make for the harbour
under their jurisdiction byelaws as to the loading of ships with
petroleum-spirit and generally as to the precautions to be observed with
respect to ships carrying petroleum-spirit whilst in the harbour, and such
byelaws shall in particular provide

(a)for regulating the places at which ships are to load or land
petroleum-spirit and the time and mode of, and the precautions to be taken on,
such loading and landing; and

(b)for regulating the places at which ships carrying petroleum-spirit are to
be moored; and

(c)for the due enforcement of the byelaws.

(2) No byelaws made by a harbour authority under the last foregoing
sub-section shall come into force until confirmed by the Ministry of Commerce,
and before submitting any such byelaws to the said Ministry the
harbour authority shall, in such manner as may be directed by the said
Ministry, publish a draft thereof together with notice of their intention to
apply for the confirmation of the byelaws.

(3) If it appears to the Ministry of Commerce that at any harbour there are
for the time being no byelaws or insufficient byelaws in force under this
section, the said Ministry may by notice require the harbour authority having
jurisdiction in that harbour to make and submit to the said Ministry byelaws
for the purposes of this section, and if the harbour authority make default in
complying with any such requirement within the time limited by the notice, the
said Ministry may make byelaws which shall have effect as if they had been
made by the harbour authority and confirmed by the said Ministry.

(4) If it appears to a harbour master or to any person acting under the orders
of a harbour authority that any ship or any petroleum-spirit is in a place in
which it ought not, in accordance with any such byelaws as aforesaid, to be,
he may cause it to be removed so as to be in conformity with the byelaws, and
any expenses incurred by the harbour authority in connection with any such
removal may be recovered summarily or in the county court as a debt due from
the owner of the ship or of the petroleum-spirit, as the case may be.

(5) In the event of any contravention of the requirements of any byelaw in
force under this section, the owner and master of any ship in or in relation
to which the contravention occurs, and, except in the case of a contravention
in respect of the mooring of a ship, the owner of any petroleum-spirit in
respect of which the contravention occurs, shall each be guilty of an offence
and shall be liable on summary conviction thereof to a fine not exceeding
[#100]:

Provided that it shall be a good defence to proceedings for any such offence
to prove

(a)if the proceedings are against the owner or master of a ship for an offence
in respect of the loading or landing of petroleum-spirit, that all reasonable
means were taken by the master to prevent the commission of the offence, and
that the offence was not caused or facilitated by any act or neglect on the
part of the owner or of any person engaged or employed by the owner or master;
and

(b)if the proceedings are against the owner of petroleum-spirit for an offence
in respect of the loading or landing thereof, or in respect of any failure to
observe precautions required to be observed with respect to ships carrying
petroleum-spirit whilst in harbour, that the offence was not caused or
facilitated by any act or neglect on his part or on the part of any person
engaged or employed by him.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1929 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pai1929434/s7.html