Marine Board Amendment Act 1994

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1994/Acts/Marine%20Board%20Amendment%20Act%201994.pdf

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Marine Board Amendment Act 1994
The Laws of Bermuda
Annual Volume of Public Acts 1994 : 28

1

189

BERMUDA
1994 : 28

MARINE BOARD AMENDMENT ACT 1994

[Date of Assent 20 July 1994]

[Operative Date 20 July 1994]

WHEREAS it is expedient to amend the Marine Board Act, 1962:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act which amends the Marine Board Act, 1962, (hereinafter
referred to as "the principal Act" may be cited as the Marine Board
Amendment Act 1994.

Amends section 71 of principal Act
2 Section 71 of the principal Act is amended—

(a) by inserting next after subsection (1) the following—

"(1A) Without prejudice to any regulations made
under this Act, the Director, or any officer (including,
in the case of Hamilton docks or St. George's docks,
but not otherwise, any officer of the Corporation of
Hamilton or the Corporation of St. George's,
respectively,) duly authorized in that behalf, may,
subject to such general or special instructions issued

MARINE BOARD AMENDMENT ACT 1994

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by the Ports Authority, give written or verbal directions
to the owner, master or agent of any boat relating to
the berthing, anchorage, mooring or moving of that
boat.

(1B) For the purposes of subsection (1A), the
Corporation of Hamilton, in the case of Hamilton
docks, and the Corporation of St. George's, in the case
of St. George's docks, may designate berthing facilities
in respect of boats.

(1C) The owner, master or agent of a boat who berths
that boat in Hamilton docks or St. George's docks
shall pay to the Corporation of Hamilton, or as the
case may be, to the Corporation of St. George's, such
fee, in respect of such berthing as may, from time to
time, subject to subsection (1D), be prescribed by the
Corporation of Hamilton or the Corporation of St.
George's, as the case may be; and for the purposes of
this subsection the Corporation of Hamilton and the
Corporation of St. George's are authorized to prescribe
such fees.

(1D) No fees shall be prescribed pursuant to
subsection (1C) except with the prior written approval
of the Minister.

(1E) In this section and in section 75 "prescribed"
means levied by ordinance under the Municipalities
Act 1923."; and

(b) by deleting subsection (2) and substituting the
following—

"(2) Without prejudice to the generality of
subsections (1) and (1A)—

(a) directions given under subsection (1)
may regulate the location, timing,
manner and period of the berthing,
anchorage and mooring of any ship; and

(b) directions given under subsection (1A)
may regulate the location, moving,
timing, manner and period of the
berthing, anchorage and mooring of any
boat.

The Laws of Bermuda
Annual Volume of Public Acts 1994 : 28

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191

(2A) The Director or any officer referred to in
subsection (1A) may, if the owner, master or agent of a
boat fails to comply with a direction given under that
subsection move the boat to a berth which the Director
or the officer, as the case may be, considers safe."; and

(c) by deleting subsection (3) and substituting the
following—

"(3) The owner, master or agent—

(a) of any ship, who fails to comply with a
direction given under subsection (1); or

(b) of any boat, who fails to comply with a
direction given under subsection (1A)

commits an offence against this Act.".

Amends section 75 of principal Act
3 Section 75 of the principal Act is amended by inserting next after
subsection (1) the following—

"(1A) The Corporation of Hamilton and the
Corporation of St. George's shall be responsible for the
collection of fees prescribed pursuant to section 71(1C)
in respect of the berthing of boats and the moneys so
collected shall form part of the revenue of the
authority so responsible for the collection thereof.".

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