Marine Board (Moorings) Regulations 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Statutory%20Instruments/Marine%20Board%20%28Moorings%29%20Regulations%202000.pdf

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Marine Board (Moorings) Regulations 2000
FA E R
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AT F
TQUO U

BERMUDA

MARINE BOARD (MOORINGS) REGULATIONS 2000

BR 39 / 2000

TABLE OF CONTENTS

Citation
Interpretation
Control of moorings
Application for licence
Grant of licence, etc.
Consultation
Revocation of licence
Maintenance of mooring
Minister may restrict mooring in designated areas
Production of licence
Exclusion of certain lighting requirements
Offence and penalty
Consequential amendment of Government Fees Regulations 1976
Savings
Rescinds SR & O No. 28 of 1967
Commencement

The Minister, in exercise of the power conferred upon him by section 103 of the
Marine Board Act 1962, makes the following Regulations:

Citation
These Regulations may be cited as the Marine Board (Moorings) Regulations 2000.

Interpretation
In these Regulations, unless the context otherwise requires–

“applicant” means a person applying for a licence under regulation 4;

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5
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MARINE BOARD (MOORINGS) REGULATIONS 2000

“approved” means approved, in writing, by the Minister;

“floating dock” means a floating structure–

which is attached to the foreshore or to the bed of the sea;

to which access is provided from the foreshore; and

to which a boat or a ship may be moored or secured;

“licence” means a licence issued by the Minister under regulation 5 authorizing an
applicant to put down, leave down or erect a mooring in the territorial waters
of Bermuda and “licensee” shall be construed accordingly;

“mooring” means a device which is used to secure a boat or a ship in a fixed location
and includes a mooring pile and a floating dock;

“mooring pile” means a pole, post or pillar, fixed or driven into the bed of the sea,
to which a boat or a ship may be moored or secured; and

“owner” includes a licensee.

Control of moorings
A person shall not, except under the authority of a licence granted by the

Minister to him in respect of a mooring, put down, leave down or erect or cause or permit
to be put down, left down or erected, any mooring in the territorial waters of Bermuda.

A person, other than the holder of a licence authorizing him so to do, shall not,
except with the written permission of such holder, moor, or cause or permit any boat or
ship to be moored, to a mooring.

Application for licence
An application for a licence under these Regulations–

shall be made to the Minister, and

shall be in such form and contain such particulars as the Minister may
from time to time determine.

Grant of licence, etc.
Subject to regulation 6, the Minister may grant or refuse to grant a licence to

an applicant, and where the Minister grants a licence to an applicant that licence may be
subject to such terms and conditions as the Minister may impose.

A licence granted under paragraph (1) shall, subject to the payment of the
licence fee, be valid for the period commencing on the date of the grant of the licence and
ending on 31 March next following and may, from time to time, be renewed.

A licensee shall affix the licence decal to the mooring in respect of which the
licence was granted in such a way that the licence decal is clearly visible above the surface
of the water.

(a)

(b)

(c)

3 (1)

(2)

4

(a)

(b)

5 (1)

(2)

(3)

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MARINE BOARD (MOORINGS) REGULATIONS 2000

Consultation
The Minister shall not grant a licence in respect of a floating dock or a mooring pile

unless the Minister has consulted with the Minister for the time being responsible for
planning and that Minister has indicated, in writing, that he has no objection to the grant
of such licence.

Revocation of licence
The Minister may at any time revoke a licence granted under regulation 5.

Maintenance of mooring
The owner of a mooring shall maintain the mooring in a serviceable and

seaworthy condition.

The owner of a mooring in respect of which a licence is in force shall not divest
himself of that mooring (whether by sale, letting, lending or otherwise) except with the prior
written permission of the Minister obtained upon a written request for so doing.

The Minister may, in writing, order the removal of the mooring–

where the owner of a mooring fails to maintain that mooring in a
serviceable and seaworthy condition; or

in respect of a mooring which is not in a serviceable and seaworthy
condition, where the Minister is satisfied that the owner is absent from
Bermuda or otherwise cannot be contacted.

The cost of and incidental to the removal of a mooring may be recovered from
the owner as a civil debt.

Minister may restrict mooring in designated areas
The Minister may, by notice published in the Gazette, designate any area of

water in the territorial waters of Bermuda to be an area in which no mooring may be put
down, left down or erected, or in which no boat or ship may be moored.

Subject to paragraph (3), no person shall put down, leave down or erect any
mooring, or moor any boat or ship in contravention of a notice issued under paragraph (1).

Notwithstanding paragraph (2), the Minister may, where he considers it
necessary or expedient so to do, subject to such conditions as the Minister may impose in
writing, permit a person to moor a boat or a ship in an area designated under paragraph
(1).

Production of licence
The owner of a mooring shall if requested so to do by a police officer or by an officer

of the Department of Marine and Ports Services, within seven days of such request, produce
to the officer making the request, a certificate of the grant of a licence.

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8 (1)

(2)

(3)

(a)

(b)

(4)

9 (1)

(2)

(3)

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MARINE BOARD (MOORINGS) REGULATIONS 2000

Exclusion of certain lighting requirements
Any boat or ship moored to a mooring, in respect of which a licence has been

granted by the Minister is exempt from the provisions of the Act of the Parliament of the
United Kingdom entitled the Merchant Shipping Act 1979 with respect to light on craft
anchored or moored.

Offence and penalty
A person who contravenes a provision of these Regulations commits an offence.

A person convicted of an offence under paragraph (1) is liable on conviction by
a court of summary jurisdiction to a fine not exceeding $1,000, or imprisonment for a term
not exceeding three months, or to both such fine and imprisonment.

Without derogating from paragraph (1), where a mooring is put down, left down
or erected without the authority of the Minister, the Minister may–

order the removal of that mooring; and

if the owner fails to remove it within the period specified, the Minister may
cause the mooring to be removed.

The cost of such removal shall be recoverable as a civil debt from the owner.

Consequential amendment of Government Fees Regulations 1976
Paragraph (9) of Head 28 of the Schedule to the Government Fees Regulations 1976

is amended by deleting the words “4(1) of the Marine and Ports Authority (Moorings)
Regulations 1967” and substituting the words “5(1) of the Marine Board (Moorings)
Regulations 2000”.

Savings
Nothing contained in these Regulations shall be construed as derogating from

the Marine and Ports Authority (Berthing and Anchoring) Regulations 1967.

A licence granted by the Minister under the Marine and Ports Authority
(Moorings) Regulations 1967 which is valid on the commencement date continues in force
as if it were granted under these Regulations.

A notice published in the Gazette by the Minister under the Marine and Ports
Authority (Moorings) Regulations 1967 which is valid on the commencement date continues
in force as if it were published under these Regulations.

For the purposes of this regulation “commencement date” means the date on
which these Regulations come into operation.

Rescinds SR & O No. 28 of 1967
The Marine and Ports Authority (Moorings) Regulations 1967 are rescinded.

Commencement
These Regulations come into operation on 1st July 2000.

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12 (1)

(2)

(3)

(a)

(b)

(4)

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14 (1)

(2)

(3)

(4)

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MARINE BOARD (MOORINGS) REGULATIONS 2000

Made this 10th day of April 2000

Minister of Transport

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