Harbours Act, 1946

Harbours Act, 1946 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Harbours Act, 1946 Harbours Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 9 of 1946.

HARBOURS ACT, 1946.

ARRANGEMENT OF SECTIONS

Part I.

Preliminary and General.

Section

Section 1

Short title.

Section 2

Definitions.

Section 3

Expenses.

Section 4

General provisions as to regulations.

Section 5

Temporary provision with respect to membership of certain harbour authorities.

Part II

.

Members and Procedure of Harbour Authority.

Section 6

Commencement of Part II.

Section 7

Members of harbour authority.

Section 8

Special representation of local authorities in certain cases.

Section 9

Election year.

Section 10

Time for appointment, election and nomination.

Section 11

Appointment by the Minister in certain cases of elected members.

Section 12

Chamber of commerce members to be appointed at special meeting.

Section 13

Regulations in relation to elections of elected members of harbour authority.

Section 14

Term of office.

Section 15

Casual vacancy.

Section 16

Resignation of member of harbour authority.

Section 17

Prohibition of membership of harbour authority in more than one capacity.

Section 18

Restrictions in the case of local authority whose members stand removed from office.

Section 19

Disqualification.

Section 20

Meetings.

Section 21

Chairman and vice-chairman.

Section 22

Procedure at election of chairman or vice-chairman.

Section 23

Committees.

Section 24

Procedure and business.

Section 25

Minutes.

Section 26

Acting as member of harbour authority when disqualified.

Section 27

Termination of membership of members of pilotage committee.

Section 28

Construction of orders relating to pilotage committees.

Part III

.

Removal from Office of Members of Harbour Authority.

Section 29

Commencement of Part III.

Section 30

Removal from office of members of harbour authority.

Section 31

Reconstitution of membership of harbour authority after removal of members.

Section 32

Appointment of commissioners.

Section 33

Exercise of powers, etc., by commissioners.

Section 34

Tenure of office and remuneration of commissioner.

Section 35

Orders enabling this Part of this Act to have full force and effect.

Section 36

Adaptation of enactments.

Section 37

Continuity of existence.

Part IV

.

Officers and Servants of Harbour Authority.

Section 38

Officers and servants.

Section 39

General Manager and Secretary.

Section 40

Deputy General Manager.

Section 41

The secretary to be chief executive officer and to have right to attend meetings.

Section 42

Qualifications for offices.

Section 43

Age limit for offices.

Section 44

Removal of officer other than General Manager.

Section 45

Amalgamation of offices.

Section 46

Provisions as respects certain first appointments.

Part V

.

Operation of Harbour.

Chapter I.

General Powers and Duties of Harbour Authority.

Section 47

General duties.

Section 48

Cleaning, etc., of harbour.

Section 49

Provision of tenders, etc.

Section 50

Provision of sheds, etc.

Section 51

Provision of fire-fighting equipment.

Section 52

Provision of ballast.

Section 53

Lighters, ferries, etc.

Section 54

Warehousing.

Section 55

Exclusive appropriation of part of harbour.

Section 56

Running dry and lowering of water level in docks.

Section 57

Removal of obstructions.

Section 58

Buoys, etc.

Section 59

Accommodation for customs officers.

Section 60

Bye-laws.

Section 61

Agreements between harbour authorities and transport undertakings.

Section 62

Improvement of conditions of casual workers.

Chapter II.

Powers and Duties of Harbour Master of Harbour.

Section 63

Statement of draught.

Section 64

Statement of take or cargo of fish.

Section 65

Reporting of arrival of vessel at harbour.

Section 66

Production of certificates of registry.

Section 67

Power of harbour master to give certain directions.

Section 68

Power to require removal of vessel.

Section 69

Power to require loading or discharge of cargo.

Section 70

Breaking up of vessel.

Section 71

Power of entry into vessel in certain circumstances.

Section 72

Powers in respect of vessel entering or leaving dock.

Section 73

Detention of vessel in certain circumstances.

Section 74

Penalty for obstruction.

Section 75

Saver for responsibilities of master of vessel.

Chapter III.

Provisions in Relation to Goods and Documents of Title to Goods.

Section 76

Survey and examination of goods before they are unshipped.

Section 77

Survey and examination of goods landed.

Section 78

Superintendence of loading and unloading.

Section 79

Restriction on landing and shipping of goods.

Section 80

Access to goods.

Section 81

Certificates of deposit and warrants for delivery of goods.

Section 82

Notice to detain goods for payment of freight.

Section 83

Making of customs entry by harbour authority in certain cases.

Section 84

Validity of certain documents.

Section 85

Charges in respect of goods permitted to remain on quays or other places.

Chapter IV.

Provisions for the Safety of Harbour and Vessels therein.

Section 86

Marking of hazardous goods brought within harbour limits.

Section 87

Prohibition on bringing certain articles within harbour limits.

Section 88

Restriction on putting ballast, etc., into waters of harbour.

Section 89

Restriction on extinguishing of certain lights.

Section 90

Restriction on boiling pitch, etc.

Section 91

Prohibition on attaching vessels to buoys other than mooring buoys.

Section 92

Opening and closing of certain bridges.

Section 93

Opening and closing of gates of dock.

Part VI

.

Charging Powers.

Chapter I.

General Provisions in Relation to Rates.

Section 94

Power to charge rates.

Section 95

Continuation existing rates.

Section 96

Rates to be charged equally.

Section 97

Harbour facilities to be equally available on payment of rates.

Section 98

Inspecting and obtaining list of rates.

Section 99

Goods rates on goods not classified.

Section 100

Power to remit, exempt from, or compound for rates.

Section 101

Variation of rates within fixed maximum.

Section 102

Conditional exemption from rates.

Section 103

Absolute exemption from rates.

Chapter II.

Harbour Rates Orders.

Section 104

Making of harbour rates order.

Section 105

Application for harbour rates order.

Section 106

Notice of making, etc., of harbour rates order.

Section 107

Obligation to charge rates fixed by harbour rates order.

Section 108

Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934.

Chapter III.

Payment and Recovery of Rates.

Section 109

Person by whom rates are to be payable.

Section 110

Payment of rates.

Section 111

Obligations of masters of vessels in relation to goods unshipped or shipped.

Section 112

Obligations of persons shipping, transhipping or unshipping goods.

Section 113

Agreements in respect of the payment of rates.

Section 114

Ascertainment of rates payable.

Section 115

Penalties for evading payment of rates.

Section 116

Remedies for nonpayment of tonnage rates.

Section 117

Remedies for nonpayment of goods rates and service rates.

Section 118

Power to refuse to give clearance in certain cases.

Part VII.

Finance and Accounts.

Section 119

Application of revenue.

Section 120

General power to borrow.

Section 121

Temporary borrowing.

Section 122

Borrowing from local loans fund.

Section 123

Investment by trustees in certain stocks and mortgages.

Section 124

Protection of lenders.

Section 125

Establishment and abolition of funds.

Section 126

Regulations in relation to mortgages.

Section 127

Regulations in relation to stock.

Section 128

Prohibition on issue of irredeemable stock.

Section 129

Provisions in respect of trusts.

Section 130

Continuation of funds.

Section 131

Accounts.

Section 132

Audit.

Section 133

Assistance to harbour authorities by rating authorities.

Part VIII.

Harbour Works Orders.

Section 134

Harbour works order.

Section 135

Provisional harbour works order.

Section 136

Notice of proposal to make harbour works order other than provisional harbour works order.

Section 137

Local inquiries in regard to harbour works order.

Section 138

Application for harbour works order.

Section 139

Surveys and inspections.

Section 140

Duty of harbour authority to prevent danger to navigation in respect of works.

Section 141

Penalty for obstruction or interference in connection with harbour works order.

Part IX.

Contracts and Tenders.

Section 142

Contracts.

Section 143

Regulations as to tenders.

Part X.

Miscellaneous.

Section 144

Harbour authorities to be bodies corporate.

Section 145

Preservation of continuity of existence of harbour authority.

Section 146

Amendment by order of First Schedule to this Act.

Section 147

Principal office.

Section 148

Opposing of private bills.

Section 149

Insurance.

Section 150

Books, etc., to be open for inspection.

Section 151

Superannuation schemes.

Section 152

Charges for use of graving dock.

Section 153

Requirements as to dredging.

Section 154

Facilities for aircraft.

Section 155

Aerodromes.

Section 156

Officer or servant acting by authority of harbour master, etc.

Section 157

Lease by harbour authority.

Section 158

Acquisition of land or premises by agreement.

Section 159

Sale of surplus land or premises.

Section 160

Furnishing of information to the Minister.

Section 161

Joint works.

Section 162

Certain reclaimed lands to enure to the State.

Section 163

Cables, pipes and wires under or over tidal waters.

Section 164

Local inquiries.

Section 165

Travelling expenses of members of harbour authority.

Section 166

Provision of free transport.

Section 167

Payments for reception of certain persons, etc.

Section 168

Certain prohibitions or restrictions in contracts of tenancy to be void.

Section 169

Granting of leases by the Circuit Court.

Section 170

Right to enter or leave harbour.

Section 171

Production of certain books and documents to officer of customs and excise.

Section 172

Free passage for persons using lifeboats.

Section 173

Restrictions on appointment to office of profit, etc.

Section 174

Obligations in respect of proposal for illegal payment, etc.

Section 175

Service of document on harbour authority.

Section 176

Authentication of document.

Section 177

Prosecution of offences.

Section 178

Provisions in respect of certain roads.

Section 179

Provisions in respect of certain policing powers.

Section 180

Grand Canal Docks and Royal Canal Docks.

Section 181

Abolition of water bailiff's fees at Waterford Harbour.

Section 182

Abolition of city dues at Dublin Harbour.

Section 183

Abolition of cocket and entry tax at Cork Harbour.

Section 184

Special provisions with respect to certain sinking funds of Cork Harbour Commissioners.

Section 185

Provisions in respect of certain interests in river beds.

Section 186

Skerries Harbour and Balbriggan Harbour.

Section 187

Contributions towards expenses of pilotage authorities.

Section 188

Audit of accounts of pilotage authorities.

Section 189

Restriction of application of certain enactments.

Section 190

Provisions in regard to the enactments mentioned in the Third Schedule.

Section 191

Cesser of application of Acts mentioned in the Fourth Schedule.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

Acts Referred to Air Navigation and Transport Act, 1936 No. 40 of 1936 Local Government Act, 1941 No. 23 of 1941 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Harbours (Regulation of Rates) Act, 1934 No. 2 of 1934 Acquisition of Land (Reference Committee) Act, 1925 No. 22 of 1925 Finance (Customs Duties) (No. 4) Act, 1931 No. 43 of 1931 Number 9 of 1946.

HARBOURS ACT, 1946.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE MEMBERSHIP OF CERTAIN HARBOUR AUTHORITIES AND TO THE MANAGEMENT, CONTROL, OPERATION AND DEVELOPMENT OF THEIR HARBOURS, TO PROVIDE FOR THE CHARGING OF RATES BY SUCH HARBOUR AUTHORITIES, TO MAKE CERTAIN PROVISIONS IN RELATION TO PILOTAGE AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd April, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Harbours Act, 1946.

Definitions.

2.—(1) In this Act, save where the context otherwise requires— the words “aircraft” and “aerodrome” have the same meanings respectively as they have in the Air Navigation and Transport Act, 1936 (No. 40 of 1936); the expression “annual meeting” has the meaning assigned to it by subsection (1) of section 20 of this Act; the expression “chamber of commerce member” has the meaning assigned to it by section 7 of this Act; the expression “the collector of rates” means the collector of rates or the harbour master and collector of rates (as the case may be) under section 38 of this Act of a harbour; the expression “elected member” has the meaning assigned to it by section 7 of this Act; the expression “election year” means a year which, in accordance with section 9 of this Act, is an election year for the purposes of this Act in respect of the relevant harbour authority; the expression “the General Manager” means the General Manager under section 39 of this Act of a harbour; the word “goods” includes livestock, minerals, wares, chattels and merchandise of all descriptions; the expression “goods rates” has the meaning assigned to it by paragraph (b) of section 94 of this Act; the expression “graving dock” includes any patent slip, gridiron, saucer or other like work; the word “harbour” means the harbour of a harbour authority; the expression “harbour authority” means a body mentioned in the first column of the First Schedule to this Act, but— (a) in the case of the council of the urban district of Kilrush, the expression shall be construed as referring to that council acting as the body maintaining Cappa Pier at Kilrush, and (b) in the case of the council of the urban district of Youghal, the expression shall be construed as referring to that council acting as the body maintaining Youghal Harbour; the expression “the harbour master” means the harbour master or the harbour master and collector of rates (as the case may be) of a harbour under section 38 of this Act; the expression “harbour rates order” has the meaning assigned to it by section 104 of this Act; the expression “harbour works order” has the meaning assigned to it by section 134 of this Act; the expression “labour member” has the meaning assigned to it by section 7 of this Act; the expression “livestock member” has the meaning assigned to it by section 7 of this Act; the expression “local authority” means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941); the expression “local authority member” has the meaning assigned to it by

section 7 of this Act; the expression “manufacturer member” has the meaning assigned to it by section 7 of this Act; the word “master” means the person having command or charge of the vessel in relation to which that word is used, but does not include pilots; the expression “the Minister” means the Minister for Industry and Commerce; the expression “nominated member” has the meaning assigned to it by section 7 of this Act; the expression “the office of the collector of rates” means such place or any of such places as may from time to time be designated by the relevant harbour authority for the purpose of payment of rates chargeable by them; the word “owner” includes, in relation to goods, any consignor, consignee, shipper or agent for sale or custody of such goods; the expression “pilotage authority” has the same meaning as it has in the Pilotage Act, 1913 ; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the expression “principal office” means the principal office maintained by a harbour authority under section 147 of this Act; the expression “provisional harbour works order” has the meaning assigned to by it by section 135 of this Act; the word “rates” includes tonnage rates, goods rates and service rates; the expression “the secretary” means the secretary under section 38 of this Act of a harbour; the expression “service rates” has the meaning assigned to it by paragraph (c) of section 94 of this Act; the expression “tonnage rates” has the meaning assigned to it by paragraph (a) of section 94 of this Act; the word “vessel” includes a ship, boat or other vessel of any description.

Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

General provisions as to regulations.

4.—(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

Temporary provision with respect to membership of certain harbour authorities.

5.—The following provisions shall, notwithstanding anything contained in any other section of this Act or in any other enactment, have effect in relation to a harbour authority (not being a local authority) during the period beginning on the day of the passing of this Act and ending on the day before the second Thursday in the month of October in the year appointed under section 6 of this Act in respect of the harbour authority: (a) subject to paragraph (b) of this section, the harbour authority shall consist of the persons acting as members thereof immediately before the passing of this Act; (b) whenever any of the said persons dies or resigns, the vacancy occasioned thereby shall be filled by the remainder of the said persons co-opting a person to fill the vacancy; (c) if any provisions contained in sections 37 to 52 and section 55 of the Commissioners Clauses Act, 1847, applied in relation to the harbour authority immediately before the passing of this Act, those provisions, subject to any variations which may have been made in them by the enactment by virtue of which they so applied, shall continue to apply in relation to the harbour authority.

PART II.

Members and Procedure of Harbour Authority.

Commencement of Part II.

6.—(1) This Part of this Act shall come into operation in relation to a harbour authority in such year as the Minister may by order appoint in respect of such harbour authority and as follows: (a) so much of this Part of this Act as relates to the appointment, election and nomination of members of a harbour authority shall come into operation on the 7th day of July in the year so appointed, (b) the remainder of this Part of this Act shall come into operation on the second Thursday in the month of October in the year so appointed.

Members of harbour authority.

7.—(1) A harbour authority mentioned in the first column of

Part I

of the First Schedule to this Act shall consist of the following members: (a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid; (b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid; (c) two members (in this Act referred to as livestock members) appointed— (i) in case one organisation is specified, in the order for the time being in force under subsection (3) of this section, by the organisation so specified, (ii) in case two organisations are specified in the order for the time being in force under subsection (3) of this section, as to one of such members by the first organisation so specified and as to the other of such members by the second organisation so specified; (d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited; (e) two members (in this Act referred to as labour members) appointed by the organisation specified in the order for the time being in force under subsection (4) of this section in respect of the harbour authority; (f) four members (in this Act referred to as elected members) elected by the qualified electors; (g) four members (in this Act referred to as nominated members) nominated by the Minister.

Part II

of the First Schedule to this Act shall consist of the following members: (a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners, (ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two of such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly; (b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce; (c) two members (in this Act also referred to as elected members) elected by the qualified electors; (d) three members (in this Act also referred to as nominated members) nominated by the Minister.

Part I

of the First Schedule to this Act declare that a specified organisation or two specified organisations of livestock traders shall appoint the livestock members of such harbour authority.

Part I

of the First Schedule to this Act declare that a specified organisation representative of labour interests shall appoint the labour members of such harbour authority.

Part I

of the First Schedule to this Act, twenty pounds, (b) as respects a harbour authority mentioned in

Part II

of the First Schedule to this Act, either— (i) ten pounds or, (ii) in the case of any particular election in respect of which the Minister is of opinion that the application of subparagraph (i) of this paragraph would result in the number, of electors being unduly small, such sum less than ten pounds as the Minister directs.

Part II

of the First Schedule to this Act shall be a person who, in the opinion of the Minister, is representative of labour interests.

Special representation of local authorities in certain cases.

8.—(1) Where— (a) a local authority (in this subsection referred to as the assisting authority) have afforded or agreed to afford financial assistance to a harbour authority, and (b) the assisting authority are not a local authority which in accordance with this Act would ordinarily appoint local authority members of the harbour authority, and (c) the Minister is of opinion that the assisting authority should have representation in the membership of the harbour authority, the Minister, after consultation with the Minister for Local Government and Public Health, may by order declare either— (i) that the assisting authority shall appoint one or more of the local authority members of the harbour authority and that the number of such members to be appointed by any local authority which under this Act would ordinarily appoint such members shall be reduced correspondingly, or (ii) that the assisting authority shall appoint one or more additional local authority members of the harbour authority.

Election year.

9.—(1) The year in which this Part of this Act comes into operation in relation to a harbour authority shall be an election year for the purposes of this Act in respect of that harbour authority and is referred to in subsection (2) of this section as the first election year.

Time for appointment, election and nomination.

10.—(1) During the period beginning on the 7th day of July and ending on the 31st day of August in an election year there shall take place, so far as may be necessary in accordance with this Act, in respect of a harbour authority— (a) the appointment by the appropriate local authority or local authorities of persons to be the local authority members of the harbour authority, (b) the appointment by the appropriate chamber of commerce or chambers of commerce of persons to be the chamber of commerce members of the harbour authority, (c) the appointment, if the harbour authority is mentioned in

Part I

of the First Schedule to this Act, by the appropriate organisation or organisations of livestock traders of persons to be the livestock members of the harbour authority, (d) the appointment, if the harbour authority is mentioned in

Part I

of the First Schedule to this Act, by the Federation of Irish Manufacturers, Limited, of persons to be the manufacturer members of the harbour authority, (e) the appointment, if the harbour authority is mentioned in

Part I

of the First Schedule to this Act, by the appropriate organisation representative of labour interests of the labour members of the harbour authority, and (f) the election by the appropriate electors of persons to be the elected members of the harbour authority.

Appointment by the Minister in certain cases of elected members.

11.—Where, as respects the election to be held in any particular election year of the elected member of a harbour authority, the Minister is of opinion that the electors will be so few in number as to render inappropriate the holding of the election, the Minister may by order direct that the election shall not be held and thereupon— (a) the election shall not be held, and (b) the Minister shall, during the period beginning on the 1st day of September and ending on the second Thursday in the month of October in the election year, appoint four persons or two persons (as may be appropriate) who in his opinion are representative of payers of tonnage rates to the harbour authority to be the elected members of the harbour authority and such persons shall be deemed for the purposes of this Act to have been duly elected as the elected members of the harbour authority.

Chamber of commerce members to be appointed at special meeting.

12.—Chamber of commerce members of a harbour authority appointed by a chamber of commerce shall be appointed at a meeting of the chamber of commerce held specially for that purpose.

Regulations in relation to elections of elected members of harbour authority.

13.—(1) The Minister shall make regulations in relation to the manner in which an election of the elected members of a harbour authority is to be conducted and such other matters relating to such election as he thinks proper.

Term of office.

14.—(1) Save as otherwise provided by this Act, the term of office of a member of a harbour authority shall commence on the second Thursday in the month of October in the election year in which he is appointed, elected or nominated (as the case may be).

Casual vacancy.

15.—(1) Whenever a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a member— (a) if the member was a local authority member, the local authority by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a local authority member to fill the vacancy, (b) if the member was a chamber of commerce member, the chamber of commerce by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a chamber of commerce member to fill the vacancy, (c) if the member was a livestock member, the organisation of livestock traders by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a livestock member to fill the vacancy, (d) if the member was a manufacturer member, the Federation of Irish Manufacturers, Limited, shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a manufacturer member to fill the vacancy, (e) if the member was a labour member, the organisation representative of labour interests by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a labour member to fill the vacancy, (f) if the member was an elected member, the remaining members of the harbour authority shall, within two months after the occurrence of the vacancy, fill the vacancy by co-option of a person to be an elected member, and (g) if the member was a nominated member, the Minister shall nominate a person to be a nominated member to fill the vacancy.

Resignation of member of harbour authority.

16.—A member of a harbour authority may at any time resign his office by letter addressed to the harbour authority and the resignation shall take effect at the commencement of the meeting of the harbour authority next after the receipt by them of the resignation.

Prohibition of membership of harbour authority in more than one capacity.

17.—A person who becomes a member of a harbour authority in two or more capacities shall forthwith resign in all but one of those capacities and, if he fails so to do, the harbour authority may declare that he has resigned in all but a named one of those capacities, and thereupon he shall be deemed for all purposes to be a member of the harbour authority in such named capacity only and to have resigned his membership in the other capacity or capacities.

Restrictions in the case of local authority whose members stand removed from office.

18.—Where the members of a local authority authorised by this Part of this Act to appoint members of a harbour authority stand removed from office by order made under

Part IV

of the Local Government Act, 1941 (No. 23 of 1941), the following provisions shall have effect: (a) a member of the harbour authority shall not be appointed by the commissioner or commissioners for the time being appointed under the said Part IV for the local authority save with the consent of the Minister, (b) an order shall not be made under section 52 of the Local Government Act, 1941 (No. 23 of 1941), by the Minister for Local Government and Public Health in relation to the harbour authority save after consultation with the Minister.

Disqualification.

19.—(1) A person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority if— (a) he is not an Irish citizen, or (b) he has not attained the age of twenty-one years, or (c) except in the case of being appointed or being a local authority member, the place where he ordinarily resides is more than thirty miles from the principal office of the harbour authority, or (d) he holds any paid office under the harbour authority, or (e) he has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine or to any greater punishment, and has not received a free pardon, or (f) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been adjudged bankrupt, or made a composition or arrangement with his creditors, or (g) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted of an offence under section 26 of this Act.

Meetings.

20.—(1) A harbour authority shall hold a meeting (in this Act referred to as an annual meeting) on the second Thursday in the month of October in every year.

Chairman and vice-chairman.

21.—(1) At an annual meeting of a harbour authority, the harbour authority shall elect one of their members to be chairman of the harbour authority and another of their members to be vice-chairman thereof.

Procedure at election of chairman or vice-chairman.

22.—At an election of a chairman or vice-chairman of a harbour authority, the following provisions shall have effect: (a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate; (b) where there is only one candidate, he shall be elected; (c) where there are more than two candidates, a poll shall be taken; (d) if at such poll a majority of members present vote for any particular candidate, he shall be elected; (e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this section, one or more further polls (according as may be necessary) shall be taken; (f) paragraphs (d) and (e) of this section shall apply in relation to such further poll or polls; (g) where there are only two candidates or where, as a result of one or more polls taken under this section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected; (h) if from an equality of votes given to two or more candidates any question arises under this section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.

Committees.

23.—(1) A harbour authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of such of their powers, duties and functions as would, in the opinion of the harbour authority, be better or more conveniently regulated or managed by or through a committee.

Procedure and business.

24.—(1) The quorum for a meeting of a harbour authority shall be five in the case of a harbour authority mentioned in

Part I

of the First Schedule to this Act and four in the case of a harbour authority mentioned in Part II of the said Schedule.

Minutes.

25.—(1) Minutes of the proceedings at a meeting of a harbour authority or committee of a harbour authority shall be entered in a book kept for that purpose and shall be signed at the next ensuing meeting of the harbour authority or committee (as the case may be) by the chairman of that meeting and any such minutes purporting to be so signed shall be received in evidence in all proceedings without further proof.

Acting as member of harbour authority when disqualified.

26.—(1) If a person knowingly acts as a member of a harbour authority when disqualified for being such member, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Termination of membership of members of pilotage committee.

27.—Where a harbour authority is a pilotage authority, the membership of all the members of any committee appointed by them in their capacity as pilotage authority shall terminate on the commencement of the second Thursday in the month of October in the year in which this Part of this Act comes into operation in relation to them, and they may appoint new members of the committee for the remainder of the term for which the members whose membership has terminated would have held office.

Construction of orders relating to pilotage committees.

28.—Where by an order under the Pilotage Act, 1913 — (a) a harbour authority mentioned in

Part II

of the First Schedule to this Act acting as a pilotage authority are authorised to appoint from among their members all or some of the members of a committee, and (b) a specified number greater than two of the members so appointed by the harbour authority are required to be representative of shipping interests or shipowners or to have practical experience of shipping or nautical affairs, the order shall be construed and have effect as if such specified number were two and as if the number of members of the committee to be appointed by the harbour authority other than persons qualified as aforesaid were so increased as to leave unchanged the total number of the members of the committee to be appointed by the harbour authority.

PART III.

Removal from Office of Members of Harbour Authority.

Commencement of Part III.

29.—This part of this Act shall come into operation in relation to a harbour authority on the second Thursday in the month of October in the year appointed in respect of them under section 6 of this Act.

Removal from office of members of harbour authority.

30.—(1) If and whenever— (a) the Minister, after holding a local inquiry into the performance by a harbour authority of their duties, is satisfied that such duties are not being duly and effectually performed, or (b) a harbour authority refuses or neglects to comply with a judgment, order or decree of any court, or (c) a harbour authority refuses after due notice to allow their accounts to be audited by the auditor appointed by the Minister, or (d) the members of a harbour authority capable of acting are less in number than the quorum for meetings of such harbour authority, or (e) a harbour authority refuses or wilfully neglects to comply with an express requirement which is imposed on them by or under any statutory or other enactment, the Minister may by order remove from office the members of such harbour authority.

Reconstitutíon of membership of harbour authority after removal of members.

31.—(1) The Minister shall fix a year (in this Part of this Act referred to as the reconstitution year) for the reconstitution of the membership of a harbour authority whose members have been removed from office and such year, if it is not an election year, shall be deemed for the purposes of such reconstitution to be an election year.

Appointment of commissioners.

32.—(1) For the purposes of enabling a harbour authority whose members have been removed from office to function during the period between the removal from office and the second Thursday in the month of October in the reconstitution year, the Minister shall from time to time appoint one or more than one person to be the commissioner or commissioners for the harbour authority.

Exercise of powers, etc., by commissioners.

33.—(1) During the period between the removal from office of the members of a harbour authority and the second Thursday in the month of October in the reconstitution year, every power, function or duty (including every power, function or duty of the harbour authority acting as a pilotage authority) which is exercisable or to be performed by the members of the harbour authority acting together in a meeting of the harbour authority shall be exercised or performed by the commissioner or commissioners for the harbour authority.

Tenure of office and remuneration of commissioner.

34.—(1) The Minister may fix the tenure of office of any commissioner.

Orders enabling this Part of this Act to have full force and effect.

35.—(1) The Minister may by order do all such things and make all such regulations as are in his opinion necessary or expedient in order to enable a harbour authority whose members are removed from office to function duly and effectually and, generally, to enable this Part of this Act to have full force and effect.

Adaptation of enactments.

36.—The Minister may by order make all such adaptations of any enactment (including this Act other than this Part of this Act) as appear to him to be necessary or expedient for enabling this Part of this Act to have full force and effect or for enabling such enactment to have effect in conformity with this Part of this Act.

Continuity of existence.

37.—The continuity of the existence of a harbour authority, by the title appropriate to them according to law, as a corporate body shall not be affected by the removal from office of the members of the harbour authority nor by the vacancy in the office of chairman or vice-chairman occasioned by the removal.

PART IV.

Officers and Servants of Harbour Authority.

Officers and servants.

38.—(1) Subject to the provisions of this Act, there shall from time to time be appointed to or employed in the service of a harbour authority by such authority, such and so many officers (including, in the case of a harbour authority mentioned in

Part II

of the First Schedule to this Act, a secretary and, in every case, a harbour master and a collector of rates) and servants as may be necessary for the due administration, management, operation and maintenance of the harbour of the harbour authority.

General Manager and Secretary.

39.—(1) A harbour authority mentioned in

Part I

of the First Schedule to this Act shall from time to time appoint a person to be General Manager of their harbour.

Part I

of the First Schedule to this Act, being an employee to whose appointment the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, do not apply, shall be carried out as follows, and not otherwise, that is to say, by the General Manager or an officer of the harbour authority authorised in that behalf by the General Manager.

Part I

of the First Schedule to this Act may from time to time with the consent of the Minister appoint, in addition to the General Manager, a person to be secretary of their harbour, and the office of secretary shall be an office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply.

Deputy General Manager.

40.—(1) Where the General Manager of a harbour is on vacation or is through illness, absence from the area in which the harbour is situated, or suspension, temporarily incapable of executing the functions of his office, the harbour authority of the harbour may appoint a deputy General Manager for the duration of the vacation or incapacity.

The secretary to be chief executive officer and to have right to attend meetings.

41.—(1) The secretary of a harbour the harbour authority for which is mentioned in

Part II

of the First Schedule to this Act shall be the chief executive officer of the harbour authority.

Part II

of the First Schedule to this Act shall have the right to attend meetings of the harbour authority and to take part in the discussions at such meetings as if he were a member of the harbour authority, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the harbour authority.

Qualifications for offices.

42.—(1) The Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office under a harbour authority or for such of the offices under harbour authorities as belong to a specified class, description or grade, that is to say:— (a) qualifications relating to character, (b) qualifications relating to age, health, or physical characteristics, (c) qualifications relating to education, training or experience, (d) qualifications relating to residence, (e) qualifications relating to sex, (f) the qualification that any woman holding the office in question be either unmarried or a widow.

Age limit for offices.

43.—(1) The Minister may prescribe any specified age to be the age limit for every office under a harbour authority to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply, or for every such office as belongs to a specified class, description or grade or for one or more specified such offices.

Removal of officer other than General Manager.

44.—(1) A harbour authority may suspend or, with the sanction of the Minister, remove any officer in their service.

Amalgamation of offices.

45.—(1) Where the Minister is of opinion that any particular offices under a harbour authority should be amalgamated, he may, subject to the provisions of this section and after consultation with the harbour authority, by order amalgamate the offices, and thereupon the offices shall be deemed for all purposes to be one office under such title (if any) as is specified in the order.

Provisions as respects certain first appointments.

46.—(1) Where— (a) a person was, immediately before the passing of this Act, General Manager or General Manager and Secretary of a harbour the harbour authority for which is mentioned in

Part I

of the First Schedule to this Act, and (b) he was appointed to that office either before the 1st day of January, 1945, or on the recommendation of the Local Appointments Commissioners, such person shall be deemed to have been duly appointed under section 39 of this Act immediately upon the passing of this Act to be the first General Manager under this Act of the harbour.

Part I

of the First Schedule to this Act and was appointed to that office before the 1st day of January, 1946— (a) such person shall, subject to the provisions of this Act, continue to hold that office after the passing of this Act, (b) where, in the case of Dublin Harbour, subsection (1) of this section does not apply, the following provisions shall have effect until an appointment is made to the office of General Manager under this Act of Dublin Harbour: (i) the said office shall be deemed not to be created, save for the purposes of making such appointment and for the purposes of subsection (3) of this section, (ii) the references in subsections (3) and (6) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such person.

Part II

of the First Schedule to this Act, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first secretary under this Act of the harbour.

PART V.

Operation of Harbour.

Chapter I.

General Powers and Duties of Harbour Authority.

General duties.

47.—(1) A harbour authority shall take all proper measures for the management, control and operation of their harbour and shall provide reasonable facilities and accommodation therein for vessels, goods and passengers.

Cleaning, etc., of harbour.

48.—A harbour authority shall take all proper measures for cleaning, scouring, deepening, improving and dredging their harbour and the approaches thereto and, subject to any directions which the Minister may give, shall dispose of dredged material either by depositing it at sea or in such other way as they think proper.

Provision of tenders, etc.

49.—(1) A harbour authority may provide for or in connection with their harbour such tenders, dredgers, life-boats, lighters, tug-boats, vessels, cranes, weighing and measuring appliances, winches, tools, plant, machinery, apparatus, equipment, conveniences, appliances and other things as they think proper.

Provision of sheds, etc.

50.—A harbour authority may provide for or in connection with their harbour such sheds, transit sheds, transhipment sheds, silos, stores and other structures as they think proper.

Provision of fire-fighting equipment.

51.—A harbour authority may provide fire-fighting equipment for or in connection with their harbour.

Provision of ballast.

52.—A harbour authority may provide ballast and may make therefor such charges as they consider proper.

Lighters, ferries, etc.

53.—(1) A harbour authority may, at their discretion, issue to the owner of a lighter, ferry-boat or other small boat which such owner proposes to use or ply for hire habitually in the harbour of the harbour authority a licence authorising such use or plying for hire.

Warehousing.

54.—A harbour authority may undertake the warehousing of goods and may act as warehouse keepers and for those purposes may provide warehouses, stores, sheds and other structures and any equipment, appliances, machinery and conveniences suitable therefor.

Exclusive appropriation of part of harbour.

55.—(1) A harbour authority may appropriate any part of their harbour (including, in particular, any of the following or any part thereof, that is to say, any dock, pier, quay, wharf, jetty, boatslip, works, plant or equipment) to the exclusive use of any person, trade or class of vessels and may make any such appropriation either gratuitously or in consideration of the payment to them of such charges as they consider reasonable.

Running dry and lowering of water level in docks.

56.—(1) Subject to having given notice in accordance with this section of their intention so to do, a harbour authority may at any time run dry or lower the water level in any dock under their control.

Removal of obstructions.

57.—(1) A harbour authority may remove any obstruction which is within the limits of their harbour.

Buoys, etc.

58.—(1) A harbour authority shall place and maintain buoys and lights of such kinds and at such points as may from time to time be directed in respect of their harbour by the general lighthouse authority.

Accommodation for customs officers.

59.—(1) A harbour authority shall provide and maintain such accommodation (including furniture and requisites therefor), and such weighing and measuring appliances as may from time to time be required in respect of their harbour by the Revenue Commissioners for the use of officers of customs and excise, and shall keep all such accommodation properly lighted, heated and cleaned.

Bye-laws.

60.—(1) A harbour authority may make bye-laws for the good rule and government of their harbour.

Agreements between harbour authorities and transport undertakings.

61.—A harbour authority may, with the consent of the Minister, make and carry out such agreements as they may from time to time think necessary or desirable with any transport undertaking in respect of traffic between their harbour and the transport system operated by such undertaking.

Improvement of conditions of casual workers.

62.—A harbour authority may either alone or in co-operation with any other body or bodies, take such steps as they think proper to improve conditions of employment of casual workers at their harbour and, in particular, may institute a system of registration of such workers and of confinement of employment to registered workers, but the harbour authority shall not exercise any of their powers under this section where such workers and their employers have themselves instituted any such system.

Chapter II.

Powers and Duties of Harbour Master of Harbour.

Statement of draught.

63.—(1) The harbour master of a harbour may at any time require the master of a vessel which is within the limits of the harbour to give him a statement of the draught of the vessel.

Statement of take or cargo of fish.

64.—(1) The master of a vessel (other than a pleasure boat) which enters within the limits of a harbour with a take or cargo of fish shall forthwith furnish the harbour master of the harbour with a statement of the take or cargo and the name of the person taking delivery thereof.

Reporting of arrival of vessel at harbour.

65.—(1) The master of a vessel which arrives at a harbour shall report the arrival to the harbour master of the harbour within twenty-four hours after the arrival.

Production of certificates of registry.

66.—(1) The harbour master of a harbour may at any time require the master of a vessel, which is registered under the Merchant Shipping Acts, 1894 to 1939, or the corresponding enactments of any other State and which is within the limits of the harbour, to produce for his inspection the certificate of registry of the vessel.

Power of harbour master to give certain directions.

67.—(1) The harbour master of a harbour may, subject to any bye-laws in force in relation to the harbour, give to the master of a vessel using the harbour, such directions in connection with the user of the harbour as the harbour master thinks proper for the purpose of protecting persons and property or regulating traffic and, in particular, for the following purposes: (a) regulating the time at which and the manner in which the vessel may enter into, go out of or lie in or at any part of the harbour and regulating the position, mooring, unmooring, placing or removing of the vessel, (b) regulating the dismantling of the vessel, and (c) regulating the quantity of ballast or dead weight in the hold of the vessel.

Power to require removal of vessel.

68.—(1) For the purpose of carrying out any repairs or cleansing operations or for any other purpose arising in relation to a harbour, the harbour master of the harbour may require the master of a vessel which is at a place within the limits of the harbour to remove the vessel therefrom within three days and, when so removed, to place the vessel at such place within the limits of the harbour as the harbour master may direct.

Power to require loading or discharge of cargo.

69.—(1) Whenever any delay occurs in loading or discharging a cargo of a vessel within the limits of a harbour and the harbour master of the harbour considers the delay unreasonable, the harbour master may require the master of the vessel to load or discharge the cargo within a specified period.

Breaking up of vessel.

70.—(1) A vessel shall not be broken up within the limits of a harbour unless the harbour master of the harbour has given a written consent thereto.

Power of entry into vessel in certain circumstances.

71.—The harbour master of a harbour may at any time enter into a vessel which is within the limits of the harbour and in which he suspects that there is, contrary to the provisions of this Act or any bye-law made thereunder, any fire or light and may search for and extinguish such fire or light.

Powers in respect of vessel entering or leaving dock.

72.—(1) The harbour master of a harbour may require the master of a vessel which is about to enter or leave a dock or graving dock within the limits of the harbour to employ such person or persons as the harbour master thinks proper for the purpose of working the vessel safely into or (as the case may be) out of such dock.

Detention of vessel in certain circumstances.

73.—The harbour master of a harbour may detain a vessel which has entered within the limits of the harbour until he is satisfied that all rates under this Act in respect of the vessel and the cargo thereof have been paid or sufficient security has been given for their payment.

Penalty for obstruction.

74.—A person who obstructs or impedes the exercise of a power conferred on the harbour master of a harbour by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Saver for responsibilities of master of vessel.

75.—A direction or requirement by or on the authority of the harbour master of a harbour to the master of a vessel shall not extend or diminish any responsibility of the master of the vessel in relation to the vessel or the cargo thereof.

Chapter III.

Provisions in Relation to Goods and Documents of Title to Goods.

Survey and examination of goods before they are unshipped.

76.—(1) A harbour authority may, on the request (accompanied by payment of such fee as the harbour authority think proper) of the master of a vessel which is within the limits of the harbour of the harbour authority, and which is about to land goods, or on the request (so accompanied) of the owner or consignee of such goods, appoint a person to survey and examine such goods before they are unshipped, to inquire into the cause of any damage to such goods existing before they are unshipped, and to make a written report to the harbour authority of such survey, examination and inquiry.

Survey and examination of goods landed.

77.—Goods which are landed within the limits of a harbour may be surveyed and examined by a person appointed in that behalf by the harbour authority for the harbour and such person shall inquire into the cause and extent of any damage which may have happened to such goods either by sea damage, improper storage or otherwise and shall make a written report to the harbour authority of such survey, examination and inquiry.

Superintendence of loading and unloading.

78.—(1) Where goods are being loaded into or unloaded from a vessel which is within the limits of a harbour, the master of the vessel, or some officer of the vessel appointed in that behalf by the master of the vessel, shall superintend the loading or unloading.

Restriction on landing and shipping of goods.

79.—(1) It shall not be lawful for a person to land or ship goods of any description at any place within the limits of a harbour unless such place is assigned by the harbour authority for the harbour as a landing place or shipping place (as the case may be) for such goods, and is a legal quay approved by the Minister for Finance, or a sufferance wharf approved by the Revenue Commissioners, or is a place in respect of which special permission has been given by the Revenue Commissioners for the landing or shipping (as the case may be) of such goods.

Access to goods.

80.—A harbour authority shall afford to persons entitled to or having control of goods deposited in or upon any of the premises, warehouses, quays or other places under the control of the harbour authority reasonable access to such goods.

Certificates of deposit and warrants for delivery of goods.

81.—(1) The following provisions shall have effect with respect to the issue and delivery by a harbour authority of certificates of deposit and warrants for the delivery of goods, that is to say: