CHAPTER
271
ABUTMENTS (OUT ISLANDS) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Leave to build out wharf or abutment. |
Wharf must be built by plan and kept in repair. |
|
Notice in writing to repair wharf; penalty. |
CHAPTER 271 |
ABUTMENTS (OUT
ISLANDS) |
An Act to
authorise the building of wharves or abutments in the ports and harbours in the
Out Islands. | 21 of 1883
G.N. 7(20)/1964
E.L.A.O., 1974
5 of 1987 |
[Commencement 15th May,
1883] |
1. This Act may be cited as the Abutments (Out Islands)
Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Minister"
means the Minister responsible for Abutments. |
3. It shall be lawful for the Minister to grant
permission to any person or persons residing and being in any such district, to
build a wharf or abutment, from the private land of such person or persons
which may abut on to the port or harbour of the district in which such
application is made, into such port or harbour: | Leave to build out wharf or abutment. |
Provided that such
permission shall only be granted by the Minister after a written application
therefor has been made and a plan of the proposed wharf or abutment has been
submitted to the Minister and approved by him, which application and plan shall
be retained and kept by him as a record in the Department of the
Minister responsible for Abutments: |
Provided also that
if any wharf or abutment built under the provisions of this Act shall extend
across any public highway the rights of the public to the user of such highway
shall not be thereby abridged, but the same may be exercised over and across
such wharf or abutment notwithstanding the provisions of this Act. |
4. It shall be the duty of every person or persons
obtaining such permission, and building a wharf or abutment thereunder, to
build the same in accordance with the plan submitted to the Minister, and to
maintain and keep the said wharf or abutment in good order and repair and so
that the same shall not impede or interfere in any way with the proper
navigation of the port or harbour in which the same may be. | Wharf must be built by plan and kept in repair. |
5. Where any wharf or abutment shall have been built
under the authority of this Act, the Minister shall have the right at all times
to inspect and examine the said wharf or abutment, to ascertain whether the
same is in the state and condition required by section 4 of this Act, and for
that purpose shall have the right to enter upon the private land of the person
or persons to whom permission shall have been granted for the building of such
wharf or abutment. | Right of inspection. |
6. Whenever after any such inspection and examination
it shall appear to the Minister that the said wharf or abutment is not in good
repair and condition, and is likely to impede or interfere with the proper
navigation of the port or harbour in which the same has been built, it shall be
lawful for the Minister to serve a notice in writing on the person to whom
permission for the building of such wharf or abutment has been granted,
requiring him at once to repair the same, and any person
failing to obey such requisition shall be liable to a penalty of five dollars
for each and every day the said wharf or abutment shall remain unrepaired after
the said notice shall have been duly served, which said penalty shall be recovered
in any court having jurisdiction to the amount claimed. | Notice in writing to repair wharf; penalty |