Renewed efforts are being made to control the use of jet skis and powerboats on Westmeath lakes. It is claimed they have been disrupting fishing and bathing.
Westmeath County Council has just drafted proposed by-laws to control the use of the pleasure craft, and the public will shortly be invited to make submissions on them.
Outlining the reasons behind the proposals this week, the council's director of housing, social and cultural affairs, Mr George Lambden, said the use of speedboats and jet skis had posed difficulty for users of the lakes for a number of years and various attempts had been made to deal with them.
"As far back as July 1991 the council met a deputation from interested parties at which concerns were graphically expressed. Following the consideration of the matter by the council the members at that time agreed to set up a committee comprising all the relevant agencies in the county to see how the problem could be tackled," he said.
In 1995 the council recommended to the Minister for the Marine that Lough Ennel, Lough Lene, Lough Sheelin and Lough Owel be designated as areas not suitable for the operation of jet skis and fast powerboats but that they be allowed to use part of Lough Derravarragh.
The council had to abandon its plan after it was advised by the Department that there was no legislation to designate certain areas unsuitable for jet skis and powerboats.
The Minister then set up a group to review the use of small powered recreational craft and make recommendations. It reported in March 2000 and following its recommendations the Department began work on amendments to the Merchant Shipping Act 1992 to equip the Minister with powers to apply conditions to the use of pleasure craft and enable local authorities to make by-laws regarding their use.
The Minister subsequently introduced the Merchant Shipping (Investigation of Marine Casualties) Act 2000, under which there is provision to allow him to adopt regulations empowering local authorities to make by-laws to prohibit or regulate the use, speed, times of operation and noise output of vessels specified by the regulations.
However, the Minister has not made regulations under this section of the Act.
Mr Lambden said that, as a result, the council's solicitor was asked to investigate if by-laws could be made under the Local Government Act 1994. "He has advised that the council could make by-laws under Section 37(2)," he said.
The solicitor indicated that Section 37 of the 1994 Act specified that a by-law could not be made for something for which there was provision in another Act. Mr Lambden said the Department would have to clarify whether the council could therefore make by-laws under the Local Government 1994 Act. But, given the importance of the issue for the community, draft by-laws had been drawn up and would be put out to public consultation while the matter was being clarified.
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