Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

SR&O 28/1967

MARINE AND PORTS AUTHORITY (MOORINGS)
REGULA TIONS 1967

[made under the Marine Board Act 1962 [title 22 item 3] and brought into operation on 9 September 1967]

ARRANGEMENT OF REGULATIONS

1 Minister is sole authority

2 Control of moorings

3 Application for licence

4 Discretion of Minister

5 Owner to maintain moor ings

6 Prohibited areas for mooring

7 Production of licence on request

8 Saving

9 Exclusion of certain lighting requirements

10 Penalties

11 Transitional [omitted]

Minister is sole authority

1 The Minister shall be the sole authority for the placing an posi tioning of moorings in the territorial waters of Bermuda and for the issue to any person of a mooring licence authorizing the placing, positioning and use of moorings therein.

Control of moorings

2 (1) No person shall put down or leave down or cause or permit to be put down or left down any mooring in the territorial waters of Bermuda without a licence from the Minister authorizing him so to do

(2) It shall not be lawful for any person to moor or cause or permit to be moored any boat to a mooring for which he does not hold a licence, except with the written permission of the holder of the licence.

Application for licence

3 Application for a licence under these Regulations shall be made to the Minister in such form, containing such particulars, as the Minister may from time to time determine.

Discretion of Minister

4 (1) The Minister may in his absolute discretion grant or refuse to grant any licence authorizing a person to put down or to leave down any mooring in the territorial waters of Bermuda.

(2) The Minister may impose in any licence granted under this regulation such conditions as the Minister may in his absolute discretion deem proper.

(3) The Minister may in his absolute discretion revoke an li cence granted under this regulation.

(4) A licence granted under paragraph (1) shall, subject to the payment of the fee chargeable therefor, be valid for a period of twelve months from the date of issue thereof.

(5) The licence shall be affixed to the related mooring buoy so as to be clearly visible above the surface of the water.

Owner to maintain moorings

5 (1) It shall be the duty of the owner of a mooring to maintain it in a serviceable and seaworthy condition, failing which his licence for that mooring shall be liable to be revoked by the Minister.

(2) The owner of a mooring in relation to which a licence in force shall not divest himself of that mooring (whether by sale, letting, lending or any form of transfer whatsoever) without the permission in writing of the Minister made upon a written request for so doing.

Prohibited areas for mooring

6 (1) The Minister may by notice published in the Gazette desig nate any area of water in the territorial waters of Bermuda to be an area in which no mooring may be put down or left down in which no boat may be moored or both,

(2) No person shall put down or leave down any mooring or moor any boat in contravention of any notice issued under paragraph (1):

Provided that the Minister may in any particular case permit any person to moor a boat in an area so designated subject to such condi tions as the Minister may from time to time in his absolute discretion deem proper.

Production of licence on request

7 The owner of a mooring shall, within seven days, produce a cer tificate of the grant of a licence in relation to that mooring if requested to do so by a police officer or an officer of the Department of Marine and Ports Services.

Saving

8 Nothing contained in these Regulations shall be deemed to dero gate from the Marine and Ports Authority (Berthing and Anchoring) Reg ulations 1967 [title 22 item 3(l)].

Exclusion of certain lighting requirements

9 Any boat moored to a mooring in respect of which a licence has been granted by the Minister will be exempt from the provisions of the Act of the Parliament of the United Kingdom entitled the Merchant Ship ping Act 1894, with respect to light on craft anchored or moored.

Penalties

10 (1) Any person who contravenes these Regulations commits an offence;

Punishment on summary conviction: imprisonment for 3 months or a fine of $360 or both such imprisonment and fine.

(2) Without derogating from paragraph (1), where a mooring is laid down without the authority of the Minister, the Minister may order the removal of that mooring, and if the person so ordered fails to remove it within the period specified, the Minister may cause the mooring to be removed and the cost of such removal shall be recoverable as a civil debt from the person laying down the mooring.

Transitional

11 [omitted]

[This page intentionally left blank]