Freeport (Marina and Inland Waterways) Bye-laws

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1968/1968-0037/FreeportMarinaandInlandWaterwaysBye-laws_1.pdf
Published: 1968-04-25

Freeport (Marina and Inland Waterways) Bye-laws
CH.29 – 18] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

21. Where within any parcel of land in the Port
Area waste water is disposed of by means of a treatment
plant, it shall be the duty of the owner of such parcel to
ensure that such treatment plant is maintained and
operated in accordance with such standards as may be
prescribed from time to time by the Port Authority and
that any records and tests that may be demanded by the Port
Authority are punctually and accurately carried out.

PART IV
GENERAL

22. A health officer or an authorised officer of the
Company may during the hours of daylight on producing if
required evidence of his authority, enter upon any premises
within the Port Area in order to examine if there be any
waste or misuse or pollution of water and if after
production of his authority he is refused admission to the
premises or is obstructed in making his examination, the
person refusing him admittance or so obstructing him shall
be guilty of an offence.

23. Any person who contravenes or fails to comply
with any of the provisions of these Bye-laws shall be guilty
of an offence against the Act and shall be liable on
summary conviction to a fine not exceeding one hundred
and forty Bahamian dollars (B$140.00) or imprisonment
for a period not exceeding three months.

FREEPORT (MARINA AND INLAND WATERWAYS)
BYE-LAWS

(SECTION 8)
[Commencement 25th April, 1968]

1. These Bye-laws may be cited as the Freeport
(Marina and Inland Waterways) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“dock master” means any person appointed by the
Port Authority or any lessee thereof to be in


Maintenance of
waste water
treatment plant.

Entry upon
premises.

Offences.

S.I. 37/1968

Title.

Interpretation.

FREEPORT BYE-LAWS [CH.29 – 19


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

charge of any marina constructed and used for
the accommodation of vessels in an inland water-
way and includes any other person so appointed
to act on his behalf;

“the Harbour” means the area for the time being
declared by the Governor-General to comprise
the private port at Freeport in pursuance of the
provisions of paragraphs (16) and (17) of Clause
2 of the Agreement between the Port Authority
and the Governor of the Colony dated the 4th
day of August, 1955;

“inland waterway” means any area of water in any
marina or canal constructed within the Port Area
by or under the authority of the Port Authority
but does not include any area within the limits of
the Harbour;

“master”, when used in relation to any vessel, means
the person (other than a licensed pilot) having
the command or charge of the vessel for the time
being;

“Port Authority” means the Grand Bahama Port
Authority Limited;

“vessel” means any craft of any kind, however
propelled;

“water-ski” includes an aqua plane or similar device
and the verb “to water-ski” and its participles
shall be construed accordingly.

3. The master of a vessel shall comply with any
requirement relating to the use of navigation of vessels in
an inland waterway which is legibly inscribed on any sign
or notice board erected in or near such waterway by or
under the authority of the Port Authority.

4. In any inland waterway, any vessel going out
from any marina or dock shall have the right of way over
any incoming vessel and, except as otherwise provided by
these Bye-laws or by any navigational requirement
prescribed by any sign or notice board erected under the
provisions of bye-law 3 hereof, the master of every vessel
lying or proceeding in such waterway shall obey the rules
prescribed by the Regulations for Preventing Collisions at
Sea.

Observance of
signs.

Rule of the road.

CH.29 – 20] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

5. The speed of any vessel proceeding in any
inland waterway shall be so governed as not to create a
wash (sometimes referred to as a “wake”) and, except in
the case of a vessel lawfully towing a water skier, no vessel
shall so proceed at a speed exceeding five knots.

6. No person under the age of seventeen years shall
be in charge of or navigate in any inland waterway any
power-driven vessel having a rating of over five horse
power:

Provided that the provisions of this bye-law shall
not apply to a person under the age of seventeen years
who is in possession of a valid and subsisting licence as a
master of a boat under the provisions of the Boat Registration
Act.

7. (1) A dock master in charge of a marina or dock
situated in any inland waterway may, subject to any law in
force relating to customs, immigration or quarantine, give
directions to the master of any vessel entering, leaving or
using such marina or dock for —

(a) regulating the time at which and the manner in
which such vessel shall moor, unmoor, anchor or
move its position; and

(b) any other purpose as the dock master may deem
necessary for the proper and orderly administra-
tion of the marina or dock or for securing the
comfort or safety of persons or vessels lawfully
therein.

(2) A master of a vessel shall promptly and
efficiently regulate his vessel according to any directions of
a dock master given in conformity with paragraph (1) of this
bye-law and the master of any vessel who after due notice of
such direction shall not forthwith comply with the same and
regulate such vessel accordingly shall be guilty of an
offence against these Bye-laws.

8. No master of a vessel shall discharge, load or
tranship any cargo whilst his vessel is in any inland
waterway without first having obtained the permission of
the person appointed by the Port Authority to be in charge
of the Harbour in addition to any permission which it may
be necessary to obtain from the customs or immigration
authorities.

Limitation on
speed.

Age limitation
for power-driven
vessels.

Ch. 277.

Compliance with
directions of
dock master.

Restriction on
handling of
cargoes outside
harbour limits.

FREEPORT BYE-LAWS [CH.29 – 21


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

9. (1) Except in case of emergency no person shall
anchor any vessel in any position in an inland waterway
which is likely to constitute a danger to navigation.

(2) No person shall sink or place in any inland
waterway any object which is likely to form an obstruction
to navigation.

10. No person shall deposit, place or discharge into
any inland waterway any offal, garbage, cans, dead animal
or fish, gaseous liquid, oil, gasolene, calcium carbide, tar,
trade waste, untreated sewage or any other refuse or matter
which is liable to pollute such waterway or to cause scum
to form on its surface, or sediment on its bottom or to
create the odour or gases of putrefaction.

11. No person may participate in any way in water
skiing in or on any inland waterway save in such area or
areas thereof as may be designated by signs exhibited by or
under the authority of the Port Authority and subject to
such conditions as are prescribed by bye-law 12 hereof and
any such sign.

12. In an inland waterway where water skiing is
permitted, it shall not be lawful for any person to
participate in any way in water skiing unless the following
conditions are observed —

(a) a person water skiing shall wear an efficient
safety flotation device;

(b) there shall be a minimum of two persons of or
over the age of seventeen in the towing vessel
when towing a water skier; and

(c) water skiing shall not take place during the hours
of darkness except for public entertainment
purposes when specially permitted by or under
the authority of the Port Authority.

13. No person shall navigate a vessel for the purpose
of water skiing or manipulate any water ski or any tow
rope or other device for affecting or controlling a water
skier in any inland waterway —

(a) in wilful or wanton disregard for the safety of
any other person or property; or

(b) without due caution and circumspection; or
(c) at a speed or in a manner likely to endanger life

or limb, or to damage the property of or injure
any person.

Obstructing an
inland waterway.

Discharging oil
or refuse, etc. in
inland
waterways.

Limitation on
water skiing.

Safety measures
for water skiing.

Reckless
operation of
vessels for water
skiing prohibited.

CH.29 – 22] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. It shall be a condition of any permission for the
use of any inland waterway for navigation or water skiing
given or impliedly given by the Port Authority or any other
person deriving any title or interest in any inland waterway
from the Port Authority that no liability shall attach to the
Port Authority or such other person by reason only of
having given or impliedly given such permission.

15. Any person who contravenes or fails to comply
with any provision of these Bye-laws shall be guilty of an
offence against the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty
Bahamian dollars (B$140.00) or imprisonment not exceed-
ing three months.

16. These Bye-laws shall be without prejudice to the
operation of any other laws in force in the Port Area and in
particular shall not be deemed to exempt any boat plying,
offered or let for hire in any inland waterway or any master
thereof from compliance with the requirements of the Boat
Registration Act.

FREEPORT (REMOVAL OF REFUSE) BYE-LAWS

(SECTION 10)
[Commencement 28th September, 1967]

1. These Bye-laws may be cited as the Freeport
(Removal of Refuse) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“can” means a movable receptacle for refuse of
approximately twenty to thirty gallons capacity;

“the Company” means the Grand Bahama Utility
Company Limited (being a licensee of the Port
Authority entrusted with the duty of removing
refuse in the Port Area and approved for the
purpose by the Minister);

“container” means a movable receptacle for refuse of
three or six cubic yards capacity designed and
fitted for attachment to the rear of a refuse
removal truck for the purpose of tipping its
contents into such truck;

Liability of Port
Authority.

Penalty.

Saving.

S.I. 51/1967
S.I. 87/1976

Title.

Interpretation.
Read Entire Law on laws.bahamas.gov.bs