Regulations

(1) The Minister may, in consultation with the Agency, make such Regulations as he considers necessary or expedient for giving effect to the provisions of this Act, and without prejudice to the generality of the foregoing, such Regulations may– (a) provide for the most effective management of border points and for coordinating the activities of all public and private sector agencies operating in the border points; (b) provide for securing the safety of vehicles and persons using any prescribed border 18 Border Management Agency Act point as aforesaid and preventing danger to the public arising from the use and operation of the border point; (c) make provision for preventing or minimizing obstruction of traffic or otherwise within the border point; (d) make provision for preserving order within the border point and preventing damage to property therein; (e) regulate or restrict advertising within the border point; (f) regulate, promote or restrict the movement of persons into, or out of, the border point; (g) prohibit or regulate, in relation to the whole or any part of the border point– (i) the presence of persons or classes of persons; (ii) the presence of animals or classes of animals; (iii) the use of vehicles of any class or description; and (iv) acts which might endanger any property or persons; (h) regulate vehicular traffic anywhere within the border point, and in particular may impose speed limits on vehicles therein; Border Management Agency Act[CAP. 144 19 (i) appoint and regulate the use, including charges to be made for the use, of parking places for motor vehicles in the border point; (j) make provision for the removal to such place as the Agency may think fit of vehicles parked in a place other than a place appointed for the parking of such vehicle or vehicles which have broken down or vehicles which have been left in any place– (i) in contravention of any provision made by or pursuant to this Act, in so far as it relates to roadways in a prescribed point, or in contravention of the Motor Vehicles and Road Traffic Act and the regulations made thereunder; CAP. 230. (ii) in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the prescribed border point or as to be likely to cause danger to such other persons; or (iii) in such a position or condition or in such circumstances as to appear to have been abandoned, and for the safe custody of vehicles removed and any goods which they contain at the time of such removal and for the charges to be imposed for the removal and safe custody of such vehicles or goods; (k) prescribe and regulate the conditions for use of the border point and its facilities including the charges to be made for the use of the 20 Border Management Agency Act border point and for services or facilities provided therein; (l) provide for the disposition of unclaimed property in the custody of the Agency; (m) provide for security arrangements. (2) All regulations made under this section shall be subject to negative resolution. (3) Every person contravening any Regulation made under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars, or in default of payment, to imprisonment for a period not exceeding six months. (4) Regulations made under this section in relation to the use of roadways in any border point shall take effect notwithstanding that the roadways are subject to the Motor Vehicles and Road Traffic Act and regulations made thereunder. (5) Subject to sub-section (6), where by virtue of any provision made by or pursuant to this Act or the Motor Vehicles and Road Traffic Act, a vehicle has been, or could at any time be, removed from a place in a prescribed border point, the Agency may, if it appears to it that the vehicle had been abandoned, sell or otherwise dispose of it and its contents (if any) and– (a) apply the proceeds of any such sale in or towards satisfaction of any costs incurred by them in connection with the disposal thereof or any charge or payment to which they are entitled as regards the vehicle or contents under any provision made by or pursuant to this section, so, however, that the Agency, in its discretion, may waive, in whole or in part, Border Management Agency Act[CAP. 144 21 the amount of such costs, charges or payment; (b) recoup from the owner or person in charge of the vehicle any costs mentioned in paragraph (a) of this sub-section insofar as such costs are not satisfied by virtue of that paragraph; (c) dispose of, in such manner as the Agency may by Order prescribe, any sum received by the Agency on a sale of the vehicle after deducting any sum applied there out by virtue of paragraph (a) of this sub-section. (6) A power of disposal conferred by sub-section (5) shall not be exercisable in the case of a vehicle unless there have been taken by the Agency such steps (including provisions for publication) and there has elapsed such period (not being less than six weeks) beginning with the taking of the first of such steps, as may be prescribed by the Agency by Order, being steps and a period whose respective taking and lapse shall, in the opinion of the Agency, together suffice for securing adequate opportunity for enabling the vehicle to be claimed. (7) Different provisions may be made under sub-section (6) with respect to vehicles of different classes or descriptions or with respect to vehicles of the same class or description in different circumstances.