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This entry was published on 2014-09-22
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SECTION 202
Application and saving clause
Navigation (NAV) CHAPTER 37, ARTICLE 13
§ 202. Application and saving clause. Any work or proceeding initiated
under any existing law which is repealed through the enactment of this
chapter shall be continued legally to its termination and conclusion
subject to the provisions of and in accordance with the procedure
prescribed by such law. It is the intent that upon the enactment of
this chapter into law all proceedings undertaken thereafter relative to
the navigable waters of the state, as defined in this chapter, shall be
administered under the authority of and by the provisions contained in
this chapter. Upon all waters where the United States authorities have
established active control of navigation, any part of this chapter which
is contrary to or in conflict with the United States navigation law, or
with regulations issued pursuant thereto, shall be considered
inoperative and the pertinent part of the United States law or
regulation shall apply. It is the intent upon enactment of this chapter
that no provision hereof shall affect or impair in any manner whatsoever
any provision of chapter two hundred eighty-five of the laws of nineteen
hundred forty. If any clause, sentence, paragraph or part of this
chapter shall, for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph or part thereof, directly involved in
the controversy in which such judgment shall have been rendered. Nothing
contained in this chapter shall be construed to abridge the terms of
office of the board of commissioners of pilots in the city of New York;
nor to limit or restrict the powers of such board under article six, nor
to confer a power or impose a duty upon the commissioner relating
thereto.