EXPLOSIVES ACT 1875 - SECT 36 Byelaws as to wharves in which gunpowder is loaded or unloaded.

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EXPLOSIVES ACT 1875 - SECT 36

Byelaws as to wharves in which gunpowder is loaded or unloaded.

36. The occupier of every wharf or dock on or in which gunpowder is loaded or
unloaded (if such loading or unloading is not otherwise subject to any byelaws
under this Act) may, and if so required by the Secretary of State shall, from
time to time, with the sanction of the Secretary of State, make byelaws for
regulating the loading and unloading of gunpowder on or in such wharf or dock,
and in particular for declaring or regulating all or any of the matters which
can be declared or regulated in the case of any wharf or dock within the
jurisdiction of a harbour authority by byelaws made by such authority in
pursuance of this Act.

The penalties to be annexed to any breach, or attempt to commit any breach, of
any such byelaws may be all or any of the following penalties, and may be
imposed on such persons and graduated in such manner as may be deemed just,
according to the gravity of the offence, and according as it may be a first or
second or other subsequent offence, that is to say, pecuniary penalties not
exceeding [in the case of a first offence fifty pounds or, in the case of any
subsequent offence, two hundred pounds], and forfeiture of all or any part of
the gunpowder in respect of which, or found on the wharf or in the dock or
part of the wharf or dock in respect of which, the breach of byelaw has taken
place.

Any byelaws made in pursuance of this section may, and if required by the
Secretary of State shall, be rescinded, altered, or added to by byelaws made
by the occupier, with the sanction of the Secretary of State.

If an occupier is required by the Secretary of State to make byelaws under
this section for any matter, and fail within three months after such
requisition to comply therewith to the satisfaction of the Secretary of State,
the Secretary of State may make such byelaws, which shall have effect as if
made by the occupier with the sanction of the Secretary of State.

Where by reason of a wharf being a public wharf or otherwise, there is no
occupier thereof, or the occupier thereof is unknown, the Secretary of State
may make byelaws with respect to such wharf in like manner as if the occupier
had failed to comply with his requisition: Provided that where such wharf
abuts on any harbour, canal, or railway, the harbour authority or canal or
railway company shall have the same power, and, if so required by the
Secretary of State, shall be under the same obligation to make byelaws under
this section for such wharf as if they were the occupiers thereof.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 36