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Article 19 Fuel bowsers

Original text. Later amendments are not shown.

(1)

In this article “fuel bowser” means a movable tank, pump or other appliance for the fuelling of vessels and includes any vehicle, trailer or similar device on which the bowser is mounted.

(2)

No person shall place, retain or use a fuel bowser on any land or on any wharf, quay or other work in the harbour unless the person is authorised to do so by a licence granted by the Commissioners.

(3)

A licence under this article—

(a)

may be granted for such a period, and on such terms and conditions, as the Commissioners think fit; and

(b)

may relate to one or more fuel bowsers.

(4)

The Commissioners may charge a reasonable fee for the grant of a licence under this article.

(5)

Nothing in any licence granted under this article shall entitle any person to place, retain or use any fuel bowser on land not owned or leased by that person, or by the Commissioners, or in which that person has no appropriate interest.

(6)

Any person who contravenes paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)

If any person commits an offence under paragraph (6) the Commissioners may—

(a)

remove the fuel bowser, including any fuel pipes or other equipment provided with it;

(b)

sell or otherwise dispose of the fuel bowser, pipes and equipment together with any fuel contained therein; and

(c)

recover out of the proceeds of sale any unpaid licence fee payable under paragraph (4) and the expenses of removal and disposal under this paragraph,

and shall hold any surplus proceeds of sale on trust for the owner of the fuel bowser.

(8)

If the proceeds of any sale under paragraph (7)(b) above are insufficient to reimburse the Commissioners for the expenses referred to in paragraph (7)(c) the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.