(a) the harbour authority, at the request of a person warehousing or depositing any goods in any warehouse, or upon or in any premises of a harbour authority specially appropriated for the purpose, or entitled to any goods so warehoused or deposited, may from time to time issue and deliver to such person a certificate in a form approved by the harbour authority of the goods so warehoused or deposited, or a warrant in a form approved by the harbour authority for the delivery of the goods so warehoused or deposited, or any part thereof to be respectively specified in the warrant; (b) no such warrant for delivery shall be given unless all liens and claims for freight, and all other liens and claims whatsoever to which the goods were liable while on board any vessel, and before being so warehoused or deposited, and of which the harbour authority have notice in writing, and all rates, charges and expenses payable to the harbour authority for the warehousing or depositing of the goods, or for services performed by the harbour authority in respect thereof, are paid or discharged; (c) every such warrant for delivery shall be transferable by endorsement, and shall entitle the person named therein or the last endorsee thereof named in the endorsement to the goods specified therein, and the goods so specified shall for all purposes be deemed to be his property.
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(2)The issue under this section of a warrant for the delivery of goods shall not prejudice or affect any rights in relation to the goods which the Revenue Commissioners may have in respect of any charge of duty of customs or excise.
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Notice to detain goods for payment of freight.
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82.—A notice to detain for payment of freight goods landed within the limits of a harbour shall be in writing and shall be given to the harbour authority for the harbour before any warrant for the delivery of the goods is issued by them.
\n
Making of customs entry by harbour authority in certain cases.
\n
83.—(1) A harbour authority may make customs entry for the warehousing of a cargo or portion of a cargo for which an entry has not been delivered under the Customs Acts within forty-eight hours (not reckoning any Sunday or public holiday) after the day on which the cargo or portion of a cargo is required to be reported under those Acts.
\n
(2)A harbour authority shall not make under this section a customs entry for the warehousing of a cargo or portion of a cargo unless— (a) the cargo or portion of a cargo is eligible by law to be entered for warehousing, and (b) failure to make such entry would result in the despatch of business at the harbour of the harbour authority being obstructed.
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(3)A cargo or portion of a cargo entered by a harbour authority under this section shall not be liable to seizure by reason of any inaccuracy in such entry unless the Revenue Commissioners are of opinion that the inaccuracy was intentional or due to culpable negligence.
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(4)The cost of the making under this section, by a harbour authority, of an entry of a cargo or portion of a cargo, shall be paid by the person for the time being in charge of the cargo or portion of a cargo to the harbour authority, and such cost, in default of payment, shall be recoverable as if it were due in respect of goods rates charged under this Act on the cargo or portion of a cargo.
\n
Validity of certain documents.
\n
84.—Every warrant, delivery certificate, transfer certificate or other document relating to goods under the control of a harbour authority shall, if signed by a person purporting to be a duly authorised officer of the harbour authority, be deemed until the contrary is proved, to be valid in all respects and binding on the persons to whom it relates.
\n
Charges in respect of goods permitted to remain on quays or other places.
\n
85.—(1) A harbour authority may make in respect of goods, being goods which they permit to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, charges on the owner of the goods in accordance with such scale of charges as from time to time they may fix with the consent of the Minister.
\n
(2)Where a harbour authority were, immediately before the passing of this Act, making charges authorised by law in respect of goods permitted by them to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, such charges shall be regarded for the purposes of subsection (1) of this section as having been duly fixed under that subsection.
\n
Chapter IV.
\n
Provisions for the Safety of Harbour and Vessels therein.
\n
Marking of hazardous goods brought within harbour limits.
\n
86.—(1) Where aquafortis, oil of vitriol or any other goods of a hazardous quality are brought within the limits of a harbour, there shall be stated distinctly, on the outside of the container of the goods, the nature of the goods and that they are hazardous.
\n
(2)Where goods of a hazardous quality are brought within the limits of a harbour and the requirements of subsection (1) of this section have not been complied with, the person who brought the goods within such limits and any person who caused or permitted them to be so brought shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Prohibition on bringing certain articles within harbour limits.
\n
87.—(1) A harbour authority may at any time, by notice affixed in a prominent place at their harbour, prohibit the bringing within the limits of the harbour, or any specified part of such limits, of any article of a kind or class which is specified in the notice as being, in the opinion of the harbour authority, likely to endanger persons or property.
\n
(2)When and so long as a notice is affixed under this section at a harbour, the notice shall have effect according to the terms thereof and— (a) a person who contravenes the notice shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, and (b) the harbour authority for the harbour may remove the articles brought by such person, in contravention of the notice, and place or store them elsewhere, and (c) the expenses of such removal and placing or storing shall be paid by such person to the harbour authority and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.
\n
Restriction on putting ballast, etc., into waters of harbour.
\n
88.—(1) It shall not be lawful for a person to put, or cause or allow to be put, ballast, earth, ashes, stones or any other substance or thing into waters within the limits of a harbour unless the harbour authority for the harbour have authorised him so to do.
\n
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Restriction on extinguishing of certain lights.
\n
89.—(1) It shall not be lawful for a person to extinguish without proper authority the light in a lamp placed for the purpose of lighting a harbour.
\n
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Restriction on boiling pitch, etc.
\n
90.—(1) It shall not be lawful for a person to boil pitch or any other inflammable substance within the limits of a harbour unless the harbour authority for the harbour have authorised him so to do.
\n
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Prohibition on attaching vessels to buoys other than mooring buoys.
\n
91.—(1) It shall not be lawful for a person to attach a vessel which is within the limits of a harbour to a buoy other than a mooring buoy.
\n
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Opening and closing of certain bridges.
\n
92.—(1) When a moving or movable bridge under the control of a harbour authority is being or is about to be opened or shut, any officer or servant of the harbour authority may require any person who is on or near the bridge to withdraw to or to remain at a distance of two yards at least from the bridge until the opening or closing is completed.
\n
(2)If a person refuses or fails to comply with a requirement made on him under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
\n
Opening and closing of gates of dock.
\n
93.—(1) It shall not be lawful for a person to open or close the gates of a dock under the control of a harbour authority unless he is an officer or servant of the harbour authority.
\n
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
PART VI.
\n
Charging Powers.
\n
Chapter I.
\n
General Provisions in Relation to Rates.
\n
Power to charge rates.
\n
94.—Subject to the provisions of this Act, a harbour authority may charge the following rates in respect of the following subjects of charge:— (a) rates (in this Act referred to as tonnage rates) calculated by reference to tonnage in respect of a vessel which— (i) enters within the limits of the harbour of the harbour authority, or (ii) uses any quay in such harbour, or (iii) plies within the limits of such harbour; (b) rates (in this Act referred to as goods rates) in respect of goods shipped, transhipped or unshipped within the limits of the harbour of the harbour authority; (c) rates (in this Act referred to as service rates) in respect of shipping, unshipping, transhipping, warehousing, acting as warehouse keepers, wharfage, cranage, receiving, landing, re-landing, piling, housing, weighing, measuring, coopering, sampling, unpiling, unhousing, unloading, carrying, conveying, loading, repairing, protecting, watching, delivery or any other work done or service rendered in relation to goods.
\n
Continuation existing rates.
\n
95.—(1) The rates which, immediately before the passing of this Act, were legally chargeable by a harbour authority shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by that harbour authority and for that purpose shall be regarded as chargeable under and subject to the appropriate provisions of this Act.
\n
(2)The following provisions shall apply in respect of charges (other than rates) which immediately before the passing of this Act were legally chargeable by a harbour authority, not being charges for the continuation of the charging of which specific provision is made by this Act— (a) such charges shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by the harbour authority, (b) such charges shall, for the purposes of
\n
Chapter II
\n
of this Part of this Act be deemed to be rates, (c) all powers in relation to such charges which, immediately before the passing of this Act, were exercisable by the harbour authority shall, notwithstanding anything contained in this Act, continue after the passing of this Act to be so exercisable.
\n
Rates to be charged equally.
\n
96.—(1) All rates which may be charged under this Act by a harbour authority shall, in respect of the same classes of vessels and goods and in the same circumstances, be charged equally on all persons.
\n
(2)Notwithstanding subsection (1) of this section, a harbour authority may charge a rate the amount of which varies in respect of different classes of vessels or goods or in dissimilar circumstances.
\n
Harbour facilities to be equally available on payment of rates.
\n
97.—The facilities provided by a harbour authority in respect of their harbour shall, subject to the provisions of this Act and anything done thereunder and to the bye-laws for the time being in force in respect of their harbour, be available equally to all persons on payment of the appropriate rates.
\n
Inspecting and obtaining list of rates.
\n
98.—(1) A harbour authority shall, at their principal office, keep a list of the rates for the time being charged by them open for inspection during ordinary office hours free of charge by any interested person.
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(2)Any person shall be entitled, on payment of a fee not exceeding six pence, to obtain from a harbour authority a list of the rates for the time being charged by them.
\n
Goods rates on goods not classified.
\n
99.—Goods not belonging to any of the classes of goods in respect of which a harbour authority are otherwise authorised to charge goods rates shall, for the purpose of charging goods rates thereon, be treated by the harbour authority as belonging to such of the said classes of goods as, in the opinion of the harbour authority, is most appropriate.
\n
Power to remit, exempt from, or compound for rates.
\n
100.—(1) A harbour authority may, with the consent of the Minister— (a) remit rates in whole or in part, (b) confer an exemption or partial exemption from rates, (c) vary or terminate an exemption or partial exemption from rates already granted, (d) compound with any person in respect of rates, (e) vary or terminate any compounding of rates already effected.
\n
(2)The Minister may require a harbour authority to vary or terminate within a specified period (not being less than six months) any exemption or partial exemption from rates or any compounding of rates in force in relation to the harbour authority at the date of the making of the requirement and it shall be the duty of the harbour authority to comply with such requirement.
\n
(3)A remission or compounding of or exemption from rates granted or conferred under this section shall not give any undue or unreasonable preference or advantage to any person or subject any person to any undue or unreasonable prejudice or disadvantage.
\n
(4)Within six months after the passing of this Act, a harbour authority shall furnish to the Minister particulars of every exemption from or compounding of rates in force in relation to the harbour authority immediately before the passing of this Act, and every such exemption or compounding shall be deemed to be under this section and to be capable accordingly of being varied or terminated, or of being required by the Minister to be varied or terminated, under this section.
\n
(5)A payment to a harbour authority in respect of compounded rates shall be regarded for the purposes of this Act as a payment to them of tonnage rates, goods rates or service rates (as may be appropriate).
\n
Variation of rates within fixed maximum.
\n
101.—A harbour authority may, as respects any rates for the time being chargeable by them by reference to a fixed maximum, vary such rates either by increase or reduction within such maximum.
\n
Conditional exemption from rates.
\n
102.—(1) Where a vessel, in respect of which all the appropriate tonnage rates have been paid, is obliged, from stress of weather or other sufficient cause, after leaving the limits of a harbour to return therein with the same cargo, the rates so pail shall not again be payable in respect of the vessel.
\n
(2)Where an arrangement is for the time being in force with any other state, under which fishing vessels belonging to nationals of that state are, when forced by stress of weather to seek shelter in an Irish harbour, exempted from rates, any fishing vessel belonging to a national of that state shall, if forced by stress of weather to enter the limits of any harbour, be exempt from rates in respect of such entry, unless the vessel breaks bulk.
\n
(3)Where goods upon which goods rates have been paid to a harbour authority are brought by sea within the limits of the harbour of the harbour authority, the following provisions shall have effect:— (a) the goods shall not again be chargeable with goods rates on being shipped, transhipped or unshipped into or out of any vessel which bona fide— (i) trades wholly within the limits of the harbour, or (ii) trades between such limits and any inland canal or river communicating therewith; (b) a declaration stating the facts which entitle the goods to such exemption shall, if so required, be made to the satisfaction of the harbour authority.
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(4)Where goods are brought within the limits of a harbour otherwise than by sea or are manufactured within such limits, goods rates shall not be chargeable in respect of the goods unless they are shipped or transhipped within the limits of the harbour for conveyance by sea beyond such limits.
\n
(5)Where a vessel, for the purpose of having repairs effected thereto, enters a harbour and the unshipping of the cargo of the vessel is necessary for the purpose of the repairs, goods rates shall not be chargeable by reason of the unshipping or by reason of the shipping of the same cargo after, the repairs are effected, but the harbour authority for the harbour may, if the cargo is stored at any place or in any premises under their control, charge for the storage.
\n
(6)Where, by reason of the situation of any harbour, port or pier, it is necessary for a vessel proceeding to such harbour, port or pier to pass through the limits of another harbour, rates shall not be chargeable in respect of the vessel so passing through such limits, unless— (a) the vessel makes any use of the facilities available in the other harbour, or (b) the rates are chargeable by virtue of section 95 of this Act and were being charged immediately before the passing of this Act in respect of vessels so passing through such limits, or (c) it is specifically provided by a harbour rates order that the rates are rates chargeable in respect of vessels so passing through such limits.
\n
Absolute exemption from rates.
\n
103.—(1) Tonnage rates shall not be charged in respect of— (a) vessels carrying stores for the armament and equipment of the Defence Forces and not carrying for reward any other goods or any passengers, (b) vessels engaged exclusively in the service of the State, (c) lifeboats, or (d) vessels under seizure on behalf of the State.
\n
(2)Goods rates shall not be charged in respect of— (a) stores for the armament and equipment of the Defence Forces which are being carried on a vessel for the time being exempted from tonnage rates by virtue of paragraph (a) of subsection (1) of this section, (b) the outfit, stores or provisions of any vessel, (c) any apparatus for saving life used in connection with a lifeboat, or (d) any postal packet or mail bag within the meaning of the Post Office Act, 1908.
\n
Chapter II.
\n
Harbour Rates Orders.
\n
Making of harbour rates order.
\n
104.—(1) The Minister, if and whenever he thinks fit, may, on the application of the relevant harbour authority or without any such application, by order (in this Act referred to as a harbour rates order) fix in respect of a harbour— (a) all or any of the rates or, where he so thinks fit, the maximum rates to be charged by the harbour authority for the harbour, (b) the basis on which and the method by which any such rates are to be computed, or (c) the classes of vessels or goods on which and the circumstances in which any particular such rate is to be charged.
\n
(2)The Minister may, if and whenever he thinks fit, on the application of the relevant harbour authority or without any such application, by order (in this Act also referred to as a harbour, rates order) revoke or amend a harbour rates order (including a harbour rates order made under this subsection).
\n
(3)The Minister may revoke, modify, alter or extend by a harbour rates order any statutory or other provision fixing, restricting or otherwise regulating the rates or the maximum or minimum rates chargeable by a harbour authority, or the basis on which or method by which such rates are computed.
\n
(4)A harbour rates order may, if the Minister so thinks fit, be expressed to apply, and if so expressed shall apply, either to all harbours generally or to a particular harbour or class of harbours named in the order.
\n
(5)Whenever the Minister proposes to make a harbour rates order, he may, if he so thinks fit, direct a local inquiry to be held in regard to the making of the order.
\n
(6)A harbour rates order shall take effect from such date (not being a date prior to the date on which the order is made) as may be specified in the order.
\n
(7)Notice of the making of a harbour rates order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.
\n
Application for harbour rates order.
\n
105.—(1) A harbour authority may apply to the Minister for a harbour rates order in respect of their harbour.
\n
(2)An application for a harbour rates order shall be in the prescribed form and shall contain the prescribed particulars.
\n
(3)A harbour authority applying under this section for a harbour rates order shall, when required by the Minister so to do, furnish to the Minister such further particulars as he may require for the consideration of the application.
\n
(4)The Minister may require any statement made in an application for a harbour rates order or made to the Minister in response to a request for particulars under subsection (3) of this section, to be verified in such manner as the Minister may require by some person having personal knowledge of the statement.
\n
(5)If a harbour authority fail to furnish any particulars or any verification which they are required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to his discretion to make or refuse to make a harbour rates order, refuse the application in relation to which the particulars or verification were so required.
\n
Notice of making, etc., of harbour rates order.
\n
106.—(1) Whenever the Minister proposes to make a harbour rates order, the Minister shall give notice to the harbour authority of the harbour to which the proposed order relates, and the harbour authority shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order and as to the time, manner and place in which objections and representations in relation to the proposed order may be made.
\n
(2)The expenses incurred by a harbour authority in the publication in pursuance of this section of a notice shall be borne by the harbour authority.
\n
(3)Whenever a harbour authority fail to publish a notice directed by the Minister to be published by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself publish the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.
\n
Obligation to charge rates fixed by harbour rates order.
\n
107.—(1) Whenever a harbour rates order is in force in respect of a harbour, the harbour authority for the harbour shall, subject to the provisions of this Act— (a) in respect of all subjects of charge for which rates are fixed by the order, charge the rates so fixed and no other or greater or less rates, and (b) in respect of all subjects of charge for which maximum rates are fixed by the order, charge rates not exceeding the maximum so fixed, and (c) where the basis and method of computation of any rates are fixed by the order, compute such rates on the basis and by the method so fixed.
\n
(2)A harbour authority who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
\n
(3)Whenever rates are chargeable by a harbour authority by virtue of section 95 of this Act, the rates shall be regarded for the purposes of this section as chargeable under a harbour rates order in force in respect of the harbour of the harbour authority.
\n
Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934.
\n
108.—No order shall, after the passing of this Act, be made in relation to a harbour authority under section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934).
\n
Chapter III.
\n
Payment and Recovery of Rates.
\n
Person by whom rates are to be payable.
\n
109.—Subject to the provisions of this Part of this Act— (a) tonnage rates shall be payable by the master or owner of the vessel in respect of which such rates are charged, (b) goods rates shall be payable by the owner of the goods in respect of which such rates are charged, (c) service rates shall be payable by the person for whom the work or service in respect of which such rates are charged was done or rendered.
\n
Payment of rates.
\n
110.—(1) Tonnage rates shall be paid to a harbour authority at the office of the collector of rates within the next three days after the day upon which the tonnage rates become payable.
\n
(2)Service rates shall be paid to a harbour authority at the office of the collector of rates either, at the option of the harbour authority, before the work or service in respect of which the service rates are charged is done or rendered or before whichever of the following events first occurs: (a) the removal of the goods in relation to which the service rates are charged from the limits of the harbour of the harbour authority, (b) the expiration of two weeks from the date when the work or service is done or rendered.
\n
(3)Goods rates shall be paid to a harbour authority at the office of the collector of rates— (a) in respect of goods to be shipped, before they are shipped, and (b) in respect of goods to be unshipped or transhipped, either, at the option of the harbour authority, before they are unshipped or transhipped or before which ever of the following events first occurs: (i) the removal of the goods from the limits of the harbour of the harbour authority, (ii) the expiration of two weeks from the date when the goods are unshipped or transhipped.
\n
Obligations of masters of vessels in relation to goods unshipped or shipped.
\n
111.—(1) Where goods are intended to be unshipped within the limits of the harbour of a harbour authority, the master of the vessel containing the goods shall— (a) within twenty-four hours after the arrival of the vessel, deliver at the office of the collector of rates the name of the consignee of the goods or, if the goods are to be delivered to some other person, the name of that person, and (b) within such twenty-four hours, deliver at the office of the collector of rates a true account of the goods and there produce, if so required by the harbour authority, such manifests, bills of lading or other documents relating to the goods as will show the true nature, quantity and weight thereof, and (c) if so required by the harbour authority, give twelve hours' or such shorter notice as they may specify at the office of the collector of rates of the time at which it is intended to unship the goods or any part thereof.
\n
(2)Where goods are intended to be shipped within the limits of the harbour of a harbour authority, the master of the vessel into which the goods are to be shipped shall— (a) before loading the goods— (i) deliver at the office of the collector of rates particulars in writing of the goods, and (ii) if so required by the harbour authority procure a permit from the harbour authority to ship the goods, and (b) after loading the goods and before sailing— (i) produce, if required by the harbour authority, all manifests, bills of lading, ship's books or other documents relating to the goods, and (ii) pay all rates (if any) payable and then unpaid in respect of the goods.
\n
(3)A master of a vessel who fails to comply with any requirement of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Obligations of persons shipping, transhipping or unshipping goods.
\n
112.—(1) Where a person ships, tranships or unships goods within the limits of the harbour of a harbour authority, he shall, before the goods are shipped, transhipped or removed from the limits of the harbour (as the case may be)— (a) give at the office of the collector of rates a true account of the nature, quantity and weight of the goods, and (b) verify such account, if so required by the harbour authority, by producing such books and documents as are necessary for that purpose, and (c) pay all the appropriate rates payable in respect of the goods.
\n
(2)If in respect of any goods— (a) there is a failure to give such account as is required by this section, or (b) there is a failure to verify any such account in the manner specified by this section when required so to do by a harbour authority, or (c) an account is given or a book or document is produced in the course of a verification under this section in which there is an entry which is false or misleading in any material particular, the person shipping, transhipping or unshipping (as the case may be) the goods shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Agreements in respect of the payment of rates.
\n
113.—(1) Notwithstanding anything contained in this Part of this Act but subject to the provisions of subsection (2) of this section, a harbour authority may make and carry out an agreement with a person liable to pay rates to the harbour authority for the purpose of— (a) the giving of credit to such person in respect of the rates, (b) the giving of security by such person for the rates, (c) authorising the harbour authority to take a deposit on account of the rates, (d) the furnishing by such person of particulars (otherwise than under and in accordance with the relevant provisions of this Chapter of this Part of this Act) of the subjects of charge in respect of which the rates are payable by him.
\n
(2)An agreement under this section shall not make or give any undue or unreasonable preference or advantage to or in favour of any particular person nor subject any particular person to any undue or unreasonable disadvantage.
\n
Ascertainment of rates payable.
\n
114.—(1) The collector of rates of a harbour authority may enter a vessel within the limits of the harbour of the harbour authority in order to ascertain the rates payable in respect of the vessel or in respect of any goods therein.
\n
(2)If a dispute should arise between a collector of rates and the master of any vessel or the owner of any goods concerning the weight or quantity of any goods in respect of which rates are payable, the collector of rates may cause the goods to be weighed or measured and for that purpose may detain the vessel containing the goods.
\n
(3)Where any goods are weighed or measured in pursuance of subsection (2) of this section, the following provisions shall have effect in relation to the expenses of the weighing or measuring: (a) if the weight or quantity of the goods be greater than that shown by the documents or the account or statement thereof delivered in pursuance of the provisions of this Chapter of this Part of this Act, such expenses shall be paid to the harbour authority and shall be recoverable as if they were in respect of goods rates charged on the goods, (b) if the weight or quantity of the goods be the same or less than that shown by such documents, account or statement, such expenses, and any other expenses occasioned by the weighing or measuring or by the detention of the vessel for that purpose, shall be paid by the harbour authority.
\n
Penalties for evading payment of rates.
\n
115.—A person liable to pay rates to a harbour authority who evades or attempts to evade payment of the rates shall, without prejudice to any proceedings or steps taken or to be taken for the purpose of recovering the rates, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
\n
Remedies for nonpayment of tonnage rates.
\n
116.—(1) Where default is made in the payment to a harbour authority of tonnage rates on a vessel, the collector of rates of the harbour authority may board the vessel, and unless the rates are there and then paid, may distrain the vessel and the tackle, apparel and furniture thereof.
\n
(2)No article forfeitable under the Customs Acts shall be distrained under this section.
\n
(3)Any vessel, tackle, apparel or furniture distrained under this section may— (a) be detained until the tonnage rates in respect of which the distraint was made are paid or until security is given in respect thereof, or (b) if such rates are not paid within seven days after the distraint, be sold in accordance with the provisions of this section by the harbour master.
\n
(4)The following provisions shall have effect in respect of the sale of a vessel distrained under this section on behalf of a harbour authority: (a) the sale shall be authorised by order of the harbour authority and shall not take place unless the harbour authority by order so direct; (b) the order shall contain a declaration vesting in the harbour master of the harbour authority by virtue of the order the right to transfer the vessel, and the harbour master shall by virtue of such declaration be entitled to transfer the vessel in the same manner and to the same extent as if he were the registered owner thereof; (c) the sale shall operate to vest the vessel in the purchaser freed of all mortgages, liens, charges or other interests therein whatsoever, and the purchaser shall not require any other evidence of title to the vessel than a copy, certified by the harbour master, of the order of the harbour authority directing the sale; (d) a registrar of shipping shall, on production of the order or a copy thereof certified by the harbour master, register the bill of sale effecting the transfer in the same manner as if the harbour master were the registered owner.
\n
(5)A harbour authority shall not sell under this section for home use any article if any prohibition or restriction on importation applies in respect thereof or if the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect thereof.
\n
(6)Where a sale has been carried out under this section, the proceeds thereof shall be applied firstly in payment of any duties of customs or excise payable in respect of any of the articles sold and secondly in payment of the tonnage rates in respect of which such sale was carried out, and any expenses of and incidental to such sale, and the surplus (if any) shall be paid on demand to the former owner or master of the relevant vessel.
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(7)Where— (a) a harbour authority are unable or deem it inexpedient to make a distraint in accordance with this section, or (b) the proceeds of a sale under this section are not sufficient to pay all the tonnage rates payable to the harbour authority and the expenses of and incidental to such sale, the rates due or the amount of the deficiency (as the case may be) may be sued for and recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction.
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(8)Nothing in this section shall be construed as prejudicing any forfeiture to which a vessel is subject under the Customs Acts or the Merchant Shipping Acts, 1894 to 1939.
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Remedies for nonpayment of goods rates and service rates.
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117.—(1) Where default is made in the payment to a harbour authority of any goods or service rates, the collector of rates of the harbour authority may enter any vessel or other place (being within the limits of the harbour of the harbour authority) in which the goods in respect of which the rates were charged are kept and distrain such goods, or, if they have been removed from within the limits of the harbour, the said collector may enter any vessel or other place within such limits and distrain any other goods found therein belonging to the person in default.
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(2)No goods forfeitable under the Customs Acts shall be distrained under this section.
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(3)The following provisions shall have effect in relation to goods distrained under this section on behalf of a harbour authority: (a) without prejudice to any other remedy for the rates due on the goods, the harbour authority may sell all or so much as they think fit of the goods subject to the proviso that a sale for home use shall not be effected where any prohibition or restriction on importation applies in respect of the goods proposed to be sold or where the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect of the goods proposed to be sold; (b) if the goods are perishable, they may be sold forthwith or at any time, but in any other case the goods shall not be sold until after the expiration of one month from the time at which they were unshipped or delivered within the limits of the harbour of the harbour authority; (c) the proceeds of any such sale shall be applied by the harbour authority in paying the following charges in the following order: (i) any customs or excise duties in respect of the goods, and (ii) the rates payable in respect of the goods and the expenses of and incidental to the sale, and (iii) any freight due in respect of the goods, if the harbour authority receive notice that such freight is due and unpaid; (d) where the proceeds of any such sale have been applied as aforesaid— (i) if any surplus remains, it shall be paid, on demand, to the person appearing to the harbour authority to be entitled thereto, and (ii) if the rates due on the goods and the expenses of and incidental to the sale remain unpaid in whole or in part, the rates and expenses or the balance thereof (as the case may be) may be recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction, and (e) any of the goods which are not sold shall, with the consent of the Revenue Commissioners and provided that all customs or excise duties payable in respect thereof have been paid, be delivered, on demand, to the person appearing to the harbour authority to be entitled thereto.
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(4)Where a harbour authority are unable or consider it inexpedient to recover goods or service rates by distraint and sale under this section, they may recover the rates as a simple contract debt in any court of competent jurisdiction.
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Power to refuse to give clearance in certain cases.
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118.—The collector or other proper officer of customs and excise for the district within which a harbour is situated may, with the consent of the Revenue Commissioners, refuse to give a clearance outward of a vessel within the limits of the harbour until— (a) the master of the vessel has produced to such collector or officer a certificate signed by the collector of rates for the harbour stating that all the rates payable to the harbour authority for the harbour in respect of the vessel and the cargo thereof have been paid, or (b) where there is any dispute as to such rates, such collector or officer has received notification from the collector of rates for the harbour that such collector of rates has been given satisfactory security for the payment of such rates.
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PART VII.
\n
Finance and Accounts.
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Application of revenue.
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119.—(1) The revenue of a harbour authority in any year shall be applied to the following purposes in the following order: (a) the payment of working and establishment expenses (including expenses in respect of any pensions and gratuities payable by the harbour authority) and of expenses properly chargeable to revenue of management, maintenance, cleaning and repair, (b) the payment, in respect of borrowed moneys and subject to the terms on which such moneys were borrowed, of interest, of repayments of principal and of contributions to sinking funds, (c) such other purposes (including carrying forward to the next following year) in such order as the harbour authority, with the consent of the Minister, may decide.
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(2)Notwithstanding subsection (1) of this section, where the Minister, on the application of a harbour authority, is satisfied that the purchase of any particular equipment is essential to the maintenance or working of the harbour of the harbour authority, the Minister may authorise the harbour authority to pay the cost, or part of the cost, of the equipment as if such cost, or the part thereof specified in the authorisation, as the case may be, were proper to be included among the working and establishment expenses of the harbour authority.
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General power to borrow.
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120.—(1) A harbour authority may from time to time, with the consent of the Minister, borrow money for expenditure on purposes in connection with their harbour (including expenditure on improvement or in discharge of existing obligations) either, as may be directed by the Minister, by the issue of stock or debenture stock, by way of mortgage or in any other manner.
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(2)Save with the consent of the Minister for Finance, the Minister shall not consent to the borrowing by a harbour authority of any sum exceeding— (a) in case the harbour authority is the Dublin Port and Docks Board, two hundred thousand pounds, and (b) in any other case, fifty thousand pounds.
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(3)An application made by a harbour authority to the Minister for his consent to their borrowing of money shall be in such form as the Minister directs and shall specify the amount of money to be borrowed, the purposes to which the money is to be applied, the manner in which the money is proposed to be borrowed and such other particulars as the Minister may require.
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(4)For the purpose of deciding whether to grant or refuse to grant his consent to the borrowing of money by a harbour authority, the Minister may direct a local inquiry to be held into the purposes of or the need for or both the purposes of and the need for the borrowing.
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(5)Where a harbour authority borrow money under this section, they shall carry out such directions as the Minister may give in respect of the following matters: (a) the manner and the terms of the borrowing, (b) the purposes to which the money borrowed is to be applied, (c) the income, funds or property to be charged as security in respect of the borrowing, (d) the form of the security to be created in respect of the borrowing, (e) in case any mortgage is to be created in respect of the borrowing, the terms and conditions as to redemption of the mortgage, (f) the period for repayment of the money borrowed and the provisions to be made for securing repayment within that period.
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(6)The Minister shall not give a direction under subsection (5) of this section in relation to any borrowing from the local loans fund save with the concurrence of the Minister for Finance.
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(7)A harbour authority shall not borrow save under and in accordance with this section or the next following section.
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Temporary borrowing.
\n
121.—(1) A harbour authority, with the consent of the Minister, may, for the purpose of providing temporarily for current expenses, borrow by way of temporary loan or overdraft.
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(2)Payments, in respect of moneys borrowed under this section by a harbour authority, of interest and of repayment of principal shall be included among the working and establishment expenses of the harbour authority and shall be made in such manner and during such periods as may be approved of by the Minister.
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(3)Without prejudice to subsection (2) of this section, moneys borrowed under this section by a harbour authority shall stand charged on the revenue, funds and property of the harbour authority pari passu with all mortgages, stock and other securities affecting such revenue, funds and property.
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(4)References in this section to borrowing include references to reborrowing.
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Borrowing from local loans fund.
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122.—Money borrowed under this Part of this Act for expenditure on anything authorised by a harbour works order may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1940, and was authorised by an Act of the Oireachtas.
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Investment by trustees in certain stocks and mortgages.
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123.—Any stock issued or mortgage made by a harbour authority mentioned in
\n
Part I
\n
of the First Schedule to this Act (including any stock issued or mortgage made by such harbour authority before the passing of this Act) shall be deemed to be included amongst the securities in which trustees may invest trust funds under the powers of section 1 of the Trustee Act, 1893.
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Protection of lenders.
\n
124.—(1) Whenever a body of persons, who are not lawfully constituted as, but are acting as or purporting to be, a harbour authority, borrow money in purported exercise of the powers in that behalf of the harbour authority from a lender who lends the money in good faith and without notice that the body of persons are not lawfully constituted as the harbour authority, the following provisions shall have effect in favour of the lender or any person claiming through or under him as against the harbour authority: (a) the body of persons shall be deemed, for the purposes of the transaction consisting of the borrowing and lending, to have been lawfully constituted as the harbour authority, and accordingly the harbour authority shall be liable for the repayment of the money so borrowed and lent and the payment of interest thereon in accordance with the terms on which the money was so borrowed and lent to the same extent (if any) as the harbour authority would have been so liable if the body of persons had in fact been lawfully constituted as the harbour authority; (b) every mortgage or other security given by the body of persons and purporting to be given by the harbour authority to the lender for securing the repayment of the money and the payment of the interest thereon shall, in the hands of the lender or any person claiming through or under him, be valid and enforceable against the harbour authority to the same extent (if any) as it would have been so valid and enforceable if the body of persons had in fact been lawfully constituted as the harbour authority; (c) no part of the transaction consisting of the borrowing and lending shall be invalid or capable of being questioned on the ground that the body of persons was not lawfully constituted as the harbour authority.
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(2)Whenever a harbour authority borrow or are deemed by subsection (1) of this section to borrow money under or in purported exercise of their powers in that behalf from a lender who lends the money in good faith, the following provisions shall have effect in favour of the lender or any person claiming through or under him as against the harbour authority: (a) neither the borrowing and lending nor any mortgage or other security given or purported to be given by the harbour authority to the lender for securing the repayments of the money and the payment of the interest thereon shall be invalidated or questioned on account of any illegality or irregularity in the constitution of the harbour authority or the appointment, election or nomination of any of the members thereof; (b) the lender shall not be concerned to inquire whether the purpose for which the money is borrowed by the harbour authority is or is not a purpose for which the harbour authority are authorised by law to borrow money or whether the money does or does not exceed in amount any limit on borrowing by the harbour authority, and the lender shall not be prejudiced or affected by the fact (if it exists) that such purpose is, in whole or in part, not so authorised or that the money exceeds in amount any such limit; (c) the lender shall not be concerned to inquire whether any meeting of the harbour authority was or was not properly convened or constituted, or whether any particular notice to the members of the harbour authority was or was not duly given, or whether the proceedings at any meeting of the harbour authority were or were not legal and regular; (d) where the harbour authority could not lawfully borrow the money without the sanction or the consent of the Minister, and such sanction or consent (as the case may be) was given or purported to be given by the Minister, the lender shall not be concerned to inquire whether any statutory condition precedent to the giving of the sanction or consent was or was not duly complied with, and the lender shall not be prejudiced or affected by the fact (if it exists) that any such condition precedent was not complied with by the person (whether the Minister, the harbour authority or any other person) charged with the duty of complying therewith; (e) the lender shall not be concerned to see to the application of the money by the harbour authority or be prejudiced or affected by any misapplication of the money or any part thereof by the harbour authority or any of their officers.
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Establishment and abolition of funds.
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125.—(1) A harbour authority may, with the consent of the Minister, and shall, if so required by the Minister, establish a fund for any specified purpose connected with their harbour.
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(2)A harbour authority may, with the consent of the Minister, and shall, if so required by the Minister, abolish any fund (other than a sinking fund) established, whether before or after the passing of this Act, for any purpose connected with their harbour and shall thereupon apply any moneys standing to the credit of the fund in such manner as the Minister may direct.
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(3)The sums to be paid into any fund established under this section, the times at which such sums shall be paid, the sources from which such sums shall be obtained, and the purposes for and manner in which moneys in the fund shall be appropriated and applied shall be such as may from time to time be directed or approved by the Minister.
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(4)A harbour authority may, and if so required by the Minister, shall, invest the moneys in any fund established under this section and the income arising from such investment shall form part of the fund.
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(5)Moneys invested pursuant to subsection (4) of this section by a harbour authority shall be invested in such securities (other than real or heritable securities) for the time being authorised by law for the investment of trust funds as the harbour authority think proper, but the harbour authority shall not, save with the consent of the Minister, invest any such moneys in stocks, funds, shares or securities created by the harbour authority themselves.
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Regulations in relation to mortgages.
\n
126.—(1) The Minister may make regulations in relation to mortgages made under this Act by a harbour authority.
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(2)Regulations made under this section in relation to mortgages made by a harbour authority may, in particular, make provision in respect of all or any of the following matters:— (a) the form of mortgages, (b) the registers to be kept in relation to mortgages, (c) the transfer of mortgages and the form of such transfers, (d) the repayment of moneys borrowed on the security of mortgages, (e) the appointment and powers of receivers.
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(3)Notwithstanding any other provision of this Act, if any provisions contained in sections 75 to 88 of the Commissioners Clauses Act, 1847, applied immediately before the passing of this Act in relation to any mortgages then in force of a harbour authority, 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 after the passing of this Act in relation to those mortgages of that harbour authority.
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Regulations in relation to stock.
\n
127.—(1) The Minister may make regulations in relation to stock issued under this Act by a harbour authority.
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(2)Regulations made under this section in relation to stock issued by a harbour authority may, in particular, make provision in respect of all or any of the following matters:— (a) the manner in which stock is to be created, issued, charged, transferred, transmitted, dealt with and redeemed, (b) the discharge of loans raised by the issue of stock, (c) the accounts to be kept in relation to stock, (d) in case of consolidation of debt, the extension or variation of the times within which loans are to be discharged, (e) consent in the case of limited owners, (f) the application of moneys raised by the issue of stock, (g) dividends, (h) appointment of registrars for the purposes of stock, (i) returns to be made to the Minister, (j) failure to claim dividends or stock, (k) fees to be chargeable by a harbour authority in respect of stock, (l) the application in respect of stock, with or without modification, of any enactments.
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Prohibition on issue of irredeemable stock.
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128.—A harbour authority shall not issue irredeemable stock.
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Provisions in respect of trusts.
\n
129.—A harbour authority shall not be bound to see to the execution of any trust whatsoever to which any mortgage, stock or other security made or issued by them is or may be subject and accordingly— (a) the receipt of the person in whose name such mortgage, stock or other security stands in the books of the harbour authority shall be sufficient discharge to the harbour authority for any moneys paid by them in respect thereof notwithstanding that any such trust exists and whether the harbour authority have or have not notice thereof, and (b) the harbour authority shall not be bound to see to the application of any money paid by them in respect of such receipt.
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Continuation of funds.
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130.—All sinking, depreciation, reserve, insurance or other funds whatsoever existing in respect of a harbour authority immediately before the passing of this Act shall, after such passing and subject to the provisions of this Part of this Act, be continued and contributed to in like manner and be governed by the like provisions and obligations as before such passing, but all returns requiring to be made in relation to such funds shall be made to the Minister.
\n
Accounts.
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131.—(1) The Minister may by order make regulations in relation to the accounts to be kept by a harbour authority.
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(2)Regulations made under this section in relation to the accounts to be kept by a harbour authority may, in particular, make provision in respect of all or any of the following matters:— (a) the form, number, description and contents of the accounts, (b) the manner in which the accounts are to be kept, (c) the period which the accounts are to cover, (d) the date to which the accounts are to be made up, (e) the division or allocation as between one account and another or otherwise of items appearing in the accounts, (f) the publication of the accounts.
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(3)A harbour authority shall, within two months after the date in each year to which, by the regulations under this section for the time being in force, their accounts are required to be made up, furnish to the Minister two copies of an abstract in the prescribed form of such accounts.
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(4)A copy of the accounts of a harbour authority as audited under this Act shall be kept open by the harbour authority at their principal office at all reasonable times for inspection by interested persons on payment of a sum not exceeding one shilling for each inspection.
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(5)Until regulations are made under this section, a harbour authority shall continue to keep the accounts and furnish the returns in relation to accounts which, immediately before the passing of this Act, they were obliged by law to keep or furnish, but subject to the modification that, as regards the furnishing of returns, such furnishing shall in every case be to the Minister.
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Audit.
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132.—(1) The accounts of a harbour authority shall be audited by an auditor appointed by the Minister.
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(2)The following enactments, as amended or adapted by or under any subsequent enactment (including any enactment passed after the passing of this Act), shall apply in relation to the audit and auditor of the accounts of a harbour authority in the same manner as they apply in relation to the audit and auditor of the accounts of a local authority:— (a) section 12 of the Local Government (Ireland) Act, 1871 , (b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898 , (c) sections 19 , 20 and 21 of the Local Government (Ireland) Act, 1902 , (d) sections 69 , 70 , 71 and 86 of the Local Government Act, 1941 (No. 23 of 1941), subject to the following modifications: (i) the references in the said enactments, as so amended or adapted, to the Minister for Local Government and Public Health shall be construed as references to the Minister, (ii) the Minister, in fixing under section 69 of the Local Government Act, 1941 , an audit fee in respect of an audit, may fix the fee at any time, whether before or after the completion of the audit, and the audit fee so fixed shall also be the audit fee in respect of subsequent audits unless and until it is replaced by a different audit fee so fixed, (iii) any reference in section 70 or 71 of the Local Government Act, 1941 , to the prescribed period shall be construed as a reference to the like period as the expression for the time being refers to in the case of an audit of the accounts of a local authority.
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(3)If the Minister directs that the accounts of a harbour authority for a period ending before the passing of this Act shall be audited under this section, such accounts shall be so audited.
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(4)An appointment of an auditor made by a harbour authority before the passing of this Act shall terminate on such date as may be specified in that behalf by the Minister.
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Assistance to harbour authorities by rating authorities.
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133.—(1) A local authority may, with the consent of the Minister for Local Government and Public Health, resolve to assist a harbour authority in any one or more of the following ways:— (a) by charging any rate or fund under their control for the purpose of guaranteeing any loan raised by the harbour authority, (b) by contributing all or part of the interest or principal of any such loan, (c) in the case of a harbour authority unable themselves to raise a loan, by borrowing the sum required by the harbour authority and advancing such sum to the harbour authority.
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(2)A local authority which has passed a resolution under this section shall, within fourteen days thereafter, publish the resolution in such manner as the Minister for Local Government and Public Health directs.
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(3)Not earlier than sixty days and not later than one hundred and eighty days after the passing of a resolution under this section, the local authority by whom the resolution was passed may confirm the resolution by a further resolution.
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(4)Where a resolution under this section has been duly passed, published and confirmed, the Minister for Local Government and Public Health may make an order embodying the resolution and such other provisions as he may think necessary for giving effect to the resolution and every such order shall have the force of law in accordance with its terms.
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(5)Where the amount required to be raised by a local authority for a local financial year ending on or after the 31st day of March, 1947, in order to defray the cost of assisting harbour authorities in that local financial year exceeds— (a) in the case of the corporation of a county borough, a sum equal to a rate of one shilling in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the municipal rate in the county borough at the commencement of that local financial year, (b) in the case of the corporation of a borough not being a county borough, the council of an urban district or the commissioners of a town, a sum equal to a rate of eightpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the poor rate (or, in the case of the borough of Dún Laoghaire, the municipal rate) in the area of the local authority at the commencement of that local financial year, (c) in the case of the council of a county, a sum equal to a rate of fourpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the poor rate in the county at large at the commencement of that local financial year, then, the Minister may, out of moneys to be provided by the Oireachtas, pay to the local authority a sum equal to one-half of such excess as a contribution towards such cost.
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PART VIII.
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Harbour Works Orders.
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Harbour works order.
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134.—(1) The Minister may, if and whenever he thinks fit, by order (in this Act referred to as a harbour works order)— (a) authorise a harbour authority to construct, reconstruct, extend or remove within the period specified in the order such docks, graving docks, quays, wharves, jetties, piers, embankments, break-waters, roads, viaducts, tramways, railways, aerodromes or other works as may be specified in the order, or (b) authorise a harbour authority to acquire compulsorily such land (including any right or easement in, over or in respect of land) as may be specified in the order, or (c) transfer to a local authority the harbour, or a specified part of the harbour, of a harbour authority, together with all the property, works, plant, equipment and chattels in connection therewith, and authorise the doing of all things necessary to give effect to such transfer, or (d) transfer to a harbour authority a specified port or pier and the management and control thereof, or (e) fix, or vary either by extension or diminution, the limits of the harbour of a harbour authority.
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(2)The Minister may, if and whenever he thinks fit, by order (in this Act also referred to as a harbour works order) amend or revoke a harbour works order (including a harbour works order made under this subsection).
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(3)The following provisions shall have effect in relation to a harbour works order under paragraph (c) or (d) of subsection (1) of this section and a harbour works order under subsection (2) of this section consequent on a harbour works order made under the said paragraph (c) or (d): (a) the order may be made by the Minister either on the application of the harbour authority to whom the order relates or without any such application, (b) where the Minister makes the order without an application therefor having been made by the harbour authority to whom the order relates, it shall be the duty of that harbour authority to take all such steps as may be necessary or may be directed by the Minister for the purpose of implementing the order, and (c) where the order is under the said paragraph (c) or under subsection (2) of this section consequent on a harbour works order made under the said paragraph (c), the order shall not be made save with the consent of the Minister for Local Government and Public Health.
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(4)Save as provided by subsection (3) of this section, a harbour works order shall not be made otherwise than on the application of the harbour authority to whom the order relates.
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(5)A harbour works order may include such supplemental and ancillary provisions and such conditions and restrictions as the Minister thinks proper.
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(6)Without prejudice to the generality of subsection (5) of this section, a harbour works order may— (a) contain provisions for authorising, subject to the terms of the order, the opening, stopping up, breaking up, crossing, altering, extending, diverting or otherwise interfering with any public or private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway-sidings, sewers, drains, pipes, wires or apparatus, and (b) contain a condition that the harbour authority to whom the order relates shall not, in carrying out the provisions of the order, displace persons of the working class or shall displace such persons only after compliance with specified requirements.
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(7)Where a harbour works order authorises or requires a harbour authority to acquire any land compulsorily, the following provisions shall have effect: (a) the order shall, in respect of any land so acquired, provide for the payment of compensation by the harbour authority to the several persons having estates or interests in the land and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925); (b) the order may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.
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(8)Subject to the provisions of the next following section, a harbour works order shall have statutory force and effect.
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Provisional harbour works order.
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135.—(1) Where a harbour works order— (a) authorises a harbour authority to acquire compulsorily land as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent and situation or the purposes for which it is used or for any other reason, it ought not to be acquired compulsorily without the sanction of the Oireachtas, or (b) transfers to a local authority the harbour of a harbour authority, or (c) transfers to a local authority a part of the harbour of a harbour authority, being a part as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent, it ought not to be transferred without the sanction of the Oireachtas, or (d) transfers to a harbour authority a specified port or pier, or (e) fixes, or varies either by extension or diminution, the limits of the harbour of a harbour authority, or (f) revokes or amends a previous harbour works order which was confirmed by Act of the Oireachtas, such order (in this Act referred to as a provisional harbour works order) shall be of no force or effect unless and until confirmed by Act of the Oireachtas.
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(2)The following provisions shall have effect in respect of a provisional harbour works order: (a) as soon as conveniently may be after the making of the order, the Minister shall deposit a copy of the order with the county registrar of the county in which is situate the principal office of the harbour authority to whom the order relates; (b) the Minister shall thereupon publish in the Iris Oifigiúil and in two newspapers circulating in such county a notice intimating that the copy of the order will, during a specified period not less than twenty-eight days, remain open at the office of the county registrar for public inspection during ordinary office hours and that objections and representations in relation to the order may be furnished in writing to the Minister during the said period; (c) during the said period the county registrar shall keep the copy of the order open for inspection as aforesaid and objections and representations in relation to the order may be furnished in writing to the Minister; (d) unless the Minister annuls the order under subsection (3) of this section, he shall, as soon as conveniently may be after the expiration of the said period and having considered the objections and representations (if any) furnished as aforesaid, cause to be introduced in the Oireachtas a bill in which the order, either as originally made or as varied under subsection (3) of this section (as the case may be), is set out in full as the Schedule thereto.
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(3)The Minister may annul or vary a provisional harbour works order before the bill to confirm it is introduced in the Oireachtas.
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(4)The expenses incurred by the Minister in publishing a notice under paragraph (b) of subsection (2) of this section shall be borne by the harbour authority concerned and shall be recoverable from them by the Minister as a simple contract debt in any court of competent jurisdiction.
\n
(5)An Act passed by the Oireachtas to confirm a provisional harbour works order shall be deemed to be a public general Act.
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Notice of proposal to make harbour works order other than provisional harbour works order.
\n
136.—(1) Whenever the Minister proposes to make a harbour works order other than a provisional harbour works order— (a) the harbour authority to whom the proposed order relates shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order, (b) such notice shall contain an intimation that objections and representations in relation to the order may be furnished in writing to the Minister during a specified period, and (c) in making the order, the Minister shall have regard to the objections and representations (if any) furnished as aforesaid.
\n
(2)The expenses incurred by a harbour authority in the publication in pursuance of this section of a notice shall be borne by the harbour authority.
\n
(3)Whenever a harbour authority refuse or fail to publish a notice directed by the Minister to be published by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself publish the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.
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Local inquiries in regard to harbour works order.
\n
137.—Whenever the Minister proposes to make a harbour works order, he may, if he so thinks fit, direct that a local inquiry be held in regard to the proposed order.
\n
Application for harbour works order.
\n
138.—(1) A harbour authority may apply to the Minister for a harbour works order.
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(2)An application for a harbour works order shall be in such form and shall contain such particulars as the Minister may require and shall be accompanied by a draft of the proposed order.
\n
(3)A harbour authority applying under this section for a harbour works order shall, when required by the Minister so to do, furnish to the Minister such further particulars and such plans and other documents as he may from time to time require for the consideration of the application.
\n
(4)The Minister may require any statement made in an application for a harbour works order, or made to the Minister in response to a requirement of particulars under this section, to be verified in such manner as the Minister may require by some person having personal knowledge of such statement.
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(5)If a harbour authority fail to furnish any particulars, plan, document or verification which they are required by the Minister under this section to furnish, the Minister may, on the ground of the failure and without prejudice to his discretion to make or refuse to make a harbour works order, refuse the application in relation to which the particulars, plan, document or verification were so required.
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(6)There shall be paid to the Minister by a harbour authority applying under this section for a harbour works order such fee as the Minister, with the consent of the Minister for Finance, may fix.
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(7)The following provisions shall have effect in relation to a fee payable under subsection (6) of this section: (a) the fee shall be collected and taken in such manner as the Minister for Finance may direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and (b) the Public Offices Fees Act, 1879, shall not apply in respect of the fee.
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Surveys and inspections.
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139.—(1) The Minister may, if and whenever he so thinks fit, cause to be made— (a) a survey of the intended site of any works which a harbour authority propose to construct, and (b) an inspection of any works when completed or in course of construction by a harbour authority.
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(2)The cost of a survey or inspection under this section shall be borne by the harbour authority who have constructed or propose to construct the works in respect of which the survey or inspection is made, and such cost shall be recoverable from the harbour authority by the Minister as a simple contract debt in any court of competent jurisdiction.
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Duty of harbour authority to prevent danger to navigation in respect of works.
\n
140.—(1) Where any works completed by a harbour authority or in course of construction, extension or repair by a harbour authority below the level of high water mark are so placed as to be dangerous to navigation or any works completed by a harbour authority have suffered such damage or decay as to be dangerous to navigation, it shall be the duty of the harbour authority, at or near the extremities of the works, to lay down and maintain such buoys, to exhibit and keep burning such lights and to do such other things to lessen danger to navigation as the general lighthouse authority may from time to time approve or direct under the subsequent provisions of this section.
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(2)The general lighthouse authority may, on the application of the harbour authority concerned or without any such application, approve of means taken under this section to lessen danger to navigation in respect of any works, or may disapprove of such means, and may direct such harbour authority to take such other means for that purpose, in lieu of or in addition to the means already taken, as the general lighthouse authority think necessary or proper.
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Penalty for obstruction or interference in connection with harbour works order.
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141.—A person who obstructs or interferes with the carrying out of the provisions of a harbour works order shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
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PART IX.
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Contracts and Tenders.
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Contracts.
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142.—(1) A harbour authority may enter into any contract which they think proper in connection with any of the following matters: (a) the administration of their harbour, (b) the carrying out of any harbour works order, (c) the dredging of any harbour and the approaches thereto, (d) the discharge of any of the functions given to the harbour authority by or under this Act.
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(2)The following provisions shall have effect in relation to a contract made by a harbour authority in respect of the carrying out of any constructional or building work whether pursuant to a harbour works order or otherwise or in respect of dredging: (a) where the consideration for the contract exceeds fifty pounds, the contract shall be in writing and sealed with the common seal of the harbour authority; (b) the contract shall specify— (i) the consideration therefor, (ii) the time or times within which the contract is to be performed, and (iii) a pecuniary penalty to be paid in case the terms of the contract are not duly performed.
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(3)A harbour authority may compound for any sum they think proper, with any person who is a party to a contract made by them, in respect of any penalty incurred either by such harbour authority or such person by reason of the non-performance of the contract or any term thereof, whether the penalty is due under the contract or under any bond or other security.
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Regulations as to tenders.
\n
143.—(1) The Minister may make regulations in relation to a harbour authority with respect to tenders.
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(2)Regulations under this section may, in particular, contain all or any of the following provisions:— (a) provisions specifying the classes of contracts for which tenders shall be obtained, (b) provisions specifying the manner in which tenders shall be sought, (c) provisions specifying the conditions subject to which tenders may be accepted, (d) provisions specifying that, in respect of contracts the consideration for which does not exceed a specified amount, tenders need not be sought, (e) provisions requiring estimates of the cost of carrying out any works to be obtained.
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PART X.
\n
Miscellaneous.
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Harbour authorities to be bodies corporate.
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144.—A harbour authority shall be a body corporate by the name by which they are mentioned in the First Schedule to this Act and shall have perpetual succession and a common seal (which shall be judicially noticed) and power to sue and be sued in the said name and to hold and dispose of land.
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Preservation of continuity of existence of harbour authority.
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145.—The continuity of the existence of a harbour authority shall not be affected by the passing of this Act or by the change in their membership pursuant to this Act, and accordingly the following shall not be affected by such passing or change in membership save as otherwise provided by this Act: (a) property and assets of the harbour authority, (b) debts and liabilities of the harbour authority, (c) mortgages, debentures, stock and other securities issued by the harbour authority, (d) contracts and agreements entered into by the harbour authority, (e) legal proceedings to which the harbour authority are parties, (f) officers and servants of the harbour authority, (g) the status of the harbour authority as a pilotage authority.
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Amendment by order of First Schedule to this Act.
\n
146.—(1) The Minister may by order amend the First Schedule to this Act by— (a) adding any body having control of a port or pier to the harbour authorities mentioned in the first column of Part II of that Schedule and making appropriate additions in respect thereof in the second column and (if he so thinks fit) the third column of the said Part II, or (b) adding any harbour authority mentioned in the first column of Part II of that Schedule to those mentioned in the first column of Part I thereof and making the appropriate additions in respect thereof in the second column and (where necessary) the third column of the said Part I, and the appropriate consequential deletions in Part II of the said Schedule, or (c) in the case of a harbour authority mentioned in the first column of Part I or Part II of that Schedule in respect of which a chamber of commerce is mentioned in the third column of such Part opposite the mention in the said first column of the harbour authority, deleting the mention of the chamber of commerce and, if he so thinks proper, substituting in lieu thereof a mention of a different chamber of commerce, or (d) in the case of a harbour authority mentioned in the first column of Part I or Part II of that Schedule in respect of which a chamber of commerce is not mentioned in the third column of such Part opposite the mention in the said first column of the harbour authority, inserting a mention of a chamber of commerce in such third column opposite such mention of the harbour authority, or (e) in the case of a harbour authority mentioned in the first column of Part II of that Schedule, deleting in the second column of the said Schedule opposite the mention in the said first column of the harbour authority the mention of a local authority and substituting in lieu thereof the mention of a different local authority.
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(2)An order under this section may include such supplemental and ancillary provisions (including provisions modifying this Act or any other enactment) as the Minister thinks proper.
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(3)An order under this section shall have effect in accordance with its terms and this Act (including this section) shall be construed and have effect accordingly.
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(4)Every order made under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and, if a resolution annulling such order is passed by either such House within the next twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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Principal office.
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147.—A harbour authority shall maintain a principal office at or within three miles of their harbour.
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Opposing of private bills.
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148.—A harbour authority may, with the consent of the Minister, oppose any private bill in the Oireachtas.
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Insurance.
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149.—A harbour authority may insure against all risks which are ordinarily the subject of insurance (including risks in respect of goods of which they are not the owners but which are under their control).
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Books, etc., to be open for inspection.
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150.—The books, records and documents of a harbour authority shall be kept open by them at all reasonable times for inspection, free of charge, by any member of the harbour authority.
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Superannuation schemes.
\n
151.—(1) A harbour authority mentioned in
\n
Part I
\n
of the First Schedule to this Act shall, within two years after the passing of this Act, prepare and submit to the Minister a scheme (in this section referred to as a superannuation scheme) for the payment of superannuation and other like allowances (including gratuities) to or in respect of the officers and established staff of the harbour authority.
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(2)Under subsection (1) of this section, a harbour authority, in lieu of preparing and submitting a single superannuation scheme, may divide their officers and established staff into different categories (defined in such manner and by reference to such things as the harbour authority think proper) and prepare and submit a separate scheme in respect of each such category.
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(3)A harbour authority mentioned in
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Part II
\n
of the First Schedule to this Act may, if they so think proper, prepare and submit to the Minister a scheme (in this section also referred to as a superannuation scheme) for establishing a superannuation fund for the benefit of the officers and established staff of the harbour authority, or any category (defined in such manner and by reference to such things as the harbour authority think proper) of such officers and established staff.
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(4)Where a superannuation scheme is submitted under this section by a harbour authority to the Minister, the Minister may refer the scheme back to the harbour authority for reconsideration and fresh submission or by order confirm the scheme either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper.
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(5)A harbour authority may whenever they think proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of sub section (4) of this section shall apply and have effect in relation to every amending superannuation scheme.
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(6)Before confirming any superannuation scheme or amending superannuation scheme, the Minister shall consider all representations made to him in writing in respect thereof by parties appearing to him to be interested therein.
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(7)The Minister shall not approve of any superannuation scheme or amending superannuation scheme submitted by a harbour authority mentioned in
\n
Part II
\n
of the First Schedule to this Act unless he is satisfied that the financial position of the harbour authority is such as to justify the operation of the scheme.
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(8)A superannuation scheme or amending superannuation scheme shall not become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall (without prejudice to subsection (9), where applicable, of this section) as on and from that date have the force of law in the form in which it was confirmed.
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(9)A superannuation scheme shall contain provisions under which any officer or member of the established staff of the harbour authority concerned to whom the scheme would, but for this subsection, apply and who was in the service of the harbour authority immediately before the coming into operation of the scheme may accept within a specified period the provisions of the scheme and, unless and until he so accepts, the scheme shall not apply to him and he shall retain (whether on his own behalf or, where appropriate, both on his own behalf and on behalf of his widow (should he die), his children or other members of his family) the benefit of all such provisions relating to superannuation and other like allowances (including gratuities) as applied in relation to him immediately before the coming into operation of the scheme.
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(10)Where a superannuation scheme is in force, the harbour authority concerned shall not grant a superannuation or other like allowance (including a gratuity) to or in respect of a person to whom the scheme applies except under the scheme.
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(11)Where— (a) an allowance or gratuity is payable by a harbour authority (in this section referred to as the paying authority) to any person under a superannuation scheme in respect of his ceasing to hold office under them, and (b) in ascertaining his service at the date of such cesser any service under another harbour authority (in this section referred to as the contributing authority) has, in accordance with that scheme, been aggregated and reckoned, and (c) at any time during which he was in the service of the contributing authority there was in force in relation to the contributing authority a superannuation scheme applying to him, then, the contributing authority shall refund to the paying authority a part of the allowance or gratuity reckoned in the prescribed manner.
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Charges for use of graving dock.
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152.—(1) A harbour authority may make charges for the use of a graving dock provided by them in accordance with such scale of charges as from time to time they may fix with the consent of the Minister.
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(2)Where a harbour authority were, immediately before the passing of this Act, making charges for the use of a graving dock in accordance with a scale of charges fixed by them, such scale of charges shall be regarded for the purposes of subsection (1) of this section as having been duly fixed under that subsection.
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Requirements as to dredging.
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153.—The Minister may from time to time require a harbour authority— (a) to submit to him proposals for the dredging (either, as the Minister may direct, by themselves or by a specified person) of their harbour or the approaches thereto, (b) to have the dredging of their harbour or the approaches thereto carried out in a specified manner (either, as the Minister may direct, by themselves or by a specified person), and it shall be the duty of a harbour authority to comply with every requirement under this section relating to them.
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Facilities for aircraft.
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154.—A harbour authority may provide facilities for aircraft using their harbour and may make for such facilities such charges as, with the consent of the Minister, they may fix from time to time.
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Aerodromes.
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155.—A harbour authority may, with the consent of the Minister, make and carry out such agreements as they consider expedient with any person or persons for the use of their harbour or any part thereof as an aerodrome.
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Officer or servant acting by authority of harbour master, etc.
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156.—Where any power or duty is conferred or imposed by this Act on the harbour master or collector of rates of a harbour, such power or duty may be executed or performed by any officer or servant of the harbour authority authorised in that behalf by the harbour master or collector of rates (as the case may be), and whenever any such power or duty is executed or performed, the harbour master, collector of rates or other officer or servant executing or performing the power or duty, may either act alone or be accompanied by such assistants as he considers proper.
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Lease by harbour authority.
\n
157.—(1) A harbour authority may lease any of their lands or premises for any period not exceeding two hundred years, but no such lease shall be made for a period exceeding ten years without the consent of the Minister.
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(2)A lease made under this section by a harbour authority shall, without prejudice to the inclusion therein of any other provisions, provide— (a) that if at any time the harbour authority require the land or premises comprised in the lease for the improvement of their harbour, they shall, upon payment of such compensation as, in default of agreement, may be fixed by an arbitrator, be entitled to obtain possession thereof in like manner as if the term of the lease had expired, (b) that if at any time the harbour authority are satisfied that the lands or premises comprised in the lease are not being put to some bona fide use, they shall be entitled to obtain possession thereof in like manner as if the term of the lease had expired.
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Acquisition of land or premises by agreement.
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158.—A harbour authority may, with the consent of the Minister, acquire (either permanently or temporarily) any land or premises by agreement.
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Sale of surplus land or premises.
\n
159.—A harbour authority may, with the consent of the Minister, sell any of their lands or premises which are not required by them for the purposes of their harbour.
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Furnishing of information to the Minister.
\n
160.—The Minister may at any time require a harbour authority to furnish to him information in such form as he directs in relation to all or any of the following matters and it shall be the duty of the harbour authority to comply with such requirement: (a) the number and total tonnage of vessels, either generally or of any specific class, which have berthed in or otherwise used the harbour of the harbour authority during any specified period; (b) the nature and the amount of cargo shipped, loaded or taken on or into such vessels; (c) the nature and the amount of cargo discharged or transhipped from such vessels; (d) the rates charged by the harbour authority in respect of such vessels and such cargo respectively; (e) the revenue and expenditure of the harbour authority over any specified period; (f) the assets and liabilities (if any) of the harbour authority at any specified time; (g) any matter connected with or ancillary to any matter mentioned in any of the foregoing paragraphs of this section.
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Joint works.
\n
161.—(1) A harbour authority may, with the consent of the Minister, make and carry out an agreement with one or more than one person to undertake jointly with such person or persons the doing of anything in relation to the harbour of the harbour authority which the harbour authority are for the time being authorised by law to do.
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(2)A harbour authority may pay such proportion of the cost of anything undertaken jointly with a person or persons in pursuance of an agreement under this section as is specified in the agreement.
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(3)The proportion payable by a harbour authority of the expenses chargeable to revenue account of any joint committee or like body set up in pursuance of an agreement under this section shall be paid by the harbour authority as part of their working and establishment expenses.
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Certain reclaimed lands to enure to the State.
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162.—Where any part belonging to the State of the bed or shore of a harbour or of the sea is reclaimed by a harbour authority, the part so reclaimed shall enure to the State.
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Cables, pipes and wires under or over tidal waters.
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163.—A cable, pipe or wire laid or placed by a harbour authority under or across any tidal water shall be so laid or placed at such depth under or at such height over the tidal water that it does not interrupt or interfere with navigation.
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Local inquiries.
\n
164.—(1) The Minister may at any time direct that a local inquiry be held into any of the following matters: (a) the performance by a harbour authority of their powers, functions and duties; (b) the finances of a harbour authority; (c) the condition of the harbour of a harbour authority; (d) the rates charged by a harbour authority; (e) the accommodation and facilities provided by a harbour authority; (f) any complaint as to the operation of any bye-law of a harbour authority; (g) any complaint as to the conduct of an officer or servant of a harbour authority; (h) any matter in respect of which the Minister is authorised by any other section of this Act to direct a local inquiry; (i) any other matter whatsoever relating to a harbour authority in respect of which the Minister is of opinion that a local inquiry should be held.
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(2)The following provisions shall have effect in relation to a local inquiry held under this Act: (a) the inquiry shall be held by such person and at such time as the Minister appoints; (b) the harbour authority to whom the inquiry relates shall give notice in such manner as the Minister directs of the holding of the inquiry to the public and to such particular persons as the Minister specifies; (c) the person holding the inquiry may, if he so thinks proper, exclude the public from the inquiry, but every person who, in the opinion of the person holding the inquiry, is interested in the subject matter of the inquiry shall be entitled to attend and be heard thereat; (d) the person holding the inquiry shall have all such powers, rights and privileges for enforcing the attendance of witnesses and examining them on oath (which such person is hereby authorised to administer) or otherwise, and for compelling the production of documents, as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons (which may be served personally or by post) signed by such person shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents; (e) if any person— (i) on being duly summoned as a witness at the local inquiry makes default in attending, or (ii) being in attendance as a witness at the inquiry refuses to take an oath legally required by the person holding the inquiry to be taken, or to produce any document legally required by the person holding the inquiry to be produced by him, or to answer any question to which the person holding the inquiry may legally require an answer, or (iii) does any other thing which would, if the person holding the inquiry were a Court of Justice, having power to commit for contempt of court, be contempt of such court, the person holding the inquiry may certify the offence of that person under his hand to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court; (f) a witness before the inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court; (g) all expenses incurred by the Minister in holding the inquiry shall be paid to the Minister by such person or persons and, if by more than one such person, in such proportions as the Minister directs, and the amount of such expenses shall be fixed by the Minister and when so fixed shall be recoverable by the Minister accordingly as a simple contract debt in any court of competent jurisdiction;
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(h) the expenses incurred by a harbour authority in causing notice of the inquiry to be given in pursuance of this section shall be paid by such person as the Minister directs and (if such person is not such harbour authority) shall be recoverable by such harbour authority from such person as a simple contract debt in any court of competent jurisdiction; (i) the person holding the inquiry may, if he thinks proper so to do, order the costs and expenses incurred by any person (including a harbour authority) of appearing or being represented and adducing evidence at the inquiry to be paid by any other person who appears or was represented at the inquiry; (j) where the person holding the inquiry orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom, and from the person by whom, such costs and expenses were so ordered to be paid.
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(3)Where a harbour authority fail to give a notice directed by the Minister to be given by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself give the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.
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Travelling expenses of members of harbour authority.
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165.—(1) Subject to the provisions of this section, a harbour authority shall defray the expenses of locomotion incurred by each of their members in travelling to and from meetings of the harbour authority and of any committee appointed by the harbour authority.
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(2)A person shall not be paid under this section travelling expenses in respect of a meeting held at a place less than five miles by any route from his official residence.
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(3)The amount of travelling expenses paid under this section to a person in respect of a particular meeting shall not exceed the amount which would reasonably have been incurred by him in travelling from his official residence to the place of the meeting and from the place of the meeting to his official residence.
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(4)A member of a harbour authority shall, immediately after becoming such member, communicate in writing to the harbour authority the address of the place at which he ordinarily resides and that place shall be regarded as his official residence for the purposes of this section.
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(5)This section shall not apply to any meeting of a harbour authority held before the second Thursday in the month of October in the year appointed under section 6 of this Act in relation to that harbour authority.
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Provision of free transport.
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166.—A harbour authority may provide transport free of charge for their officers and servants while such officers and servants are travelling to and from places where they are carrying out their duties.
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Payments for reception of certain persons, etc.
\n
167.—(1) A harbour authority may as part of their working and establishment expenses make reasonable payments for or in connection with— (a) the reception of and extending of hospitality to members, directors or officers of other port or harbour authorities or of any public authority or body or any company having interests of a professional or business character similar to the interests of the harbour authority or with whom the harbour authority have or contemplate having professional or business relations, and (b) visits by way of official courtesy by or on behalf of the harbour authority to any such authority, body or company as aforesaid, including payments for travelling expenses and other expenses reasonably incurred by or on behalf of any member or officer of the harbour authority in connection with any of the matters aforesaid.
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(2)The total amount which a harbour authority pay under this section in any period shall not exceed the amount sanctioned for the time being in respect of the harbour authority by the Minister for that period.
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Certain prohibitions or restrictions in contracts of tenancy to be void.
\n
168.—(1) Where by or under a contract of tenancy, whether made before or after the passing of this Act, of any lands or premises to which this section applies, the carrying on upon such lands or in such premises of any shipping business or any other business or trade incidental to the use of a port purports to be prohibited or restricted in any manner, such prohibition or restriction shall be void and of no effect.
\n
(2)This section does not apply to any private residence or to any lands or premises belonging to the State or a harbour authority but, save as aforesaid, it applies to all lands and premises situated within a distance of one quarter of a mile from the limits of a harbour.
\n
Granting of leases by the Circuit Court.
\n
169.—(1) A person (in this section referred to as the applicant) who desires to obtain a lease of any lands or premises to which this section applies for the purpose of carrying on any shipping business or any other business or trade incidental to the use of a port may apply to the Circuit Court (in this section referred to as the Court) for a lease under this section of such lands or premises.
\n
(2)Where an application is made to the Court under this section, the Court shall, before proceeding with the hearing of the application, be satisfied that all proper parties have notice of the application, and for that purpose the Court may direct such inquiries to be made and notices to be served as it thinks proper and, in particular, may direct any such notice to be served by advertisement.
\n
(3)Where, on the hearing of an application under this section, the Court is satisfied, having regard to all the circumstances of the case, that it is reasonable and proper that a lease should be made under this section to the applicant of all or any part of the lands or premises to which the application relates, the Court may direct such lease to be made accordingly.
\n
(4)The following provisions shall have effect in respect of a lease made under this section: (a) the lease shall be made for such term, not exceeding thirty years, as the Court directs, commencing on such date as the Court fixes; (b) the lease shall reserve such rent or rents to such persons as the Court directs; (c) where the Court so directs, the lease shall be expressed as a lease and a series of reversionary leases; (d) the lease shall contain such covenants and conditions as the Court directs; (e) the parties to the lease shall be such persons as the Court directs; (f) the draft of the lease shall be settled and approved of by the Court.
\n
(5)Where a person who is directed by the Court to be a party to a lease under this section is, by reason of his being a trustee, personal representative or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life, or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of being a party to the lease under this section for the purposes directed by the Court, the Court may by order empower such person to be a party to such lease for those purposes and to execute such lease accordingly.
\n
(6)Where a person who is directed by the Court to be a party to a lease under this section is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute the lease, the Court may appoint an officer of the Court to execute the lease for and in the name of such person, and thereupon the execution of the lease by that officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.
\n
(7)All costs and expenses of or incidental to an application to the Court under this section and of or incidental to the preparation, execution and completion of the lease (if any) made in pursuance of such application shall, unless the Court for special reasons otherwise directs, be borne and paid by the applicant.
\n
(8)This section shall not apply to any private residence or to any lands or premises belonging to the State or a harbour authority but, save as aforesaid, it applies to all lands or premises which for the time being are not being put to some bona fide use and which are situated within a distance of one quarter of a mile from the limits of a harbour.
\n
Right to enter or leave harbour.
\n
170.—Any member of the Garda Síochána, officer of customs and excise, or officer of a Minister of State shall, while acting in the execution of his duty as such member or officer, have the right to enter or leave any part of a harbour.
\n
Production of certain books and documents to officer of customs and excise.
\n
171.—(1) Any officer of customs and excise may, for the purpose of obtaining information necessary for the performance of his duties in relation to a vessel which has arrived within or departed from within the limits of a harbour or in relation to the cargo on any such vessel, require the harbour authority for the harbour to produce for his inspection all such books and documents relating to the vessel or cargo as he may reasonably require and to permit him to take copies of or extracts from such books and documents.
\n
(2)If a harbour authority on whom a requirement has been made under this section fail to comply with the requirement within a reasonable time, they shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
Free passage for persons using lifeboats.
\n
172.—Persons using a lifeboat shall have a right of free passage into, through and out of a harbour.
\n
Restrictions on appointment to office of profit, etc.
\n
173.—A harbour authority shall not appoint to an office of profit, or employ, a person— (a) while such person is a member of the harbour authority, or (b) within twelve months after such person has ceased to be a member of the harbour authority, or (c) within ten years after such person has been convicted of an offence under section 26 of this Act.
\n
Obligations in respect of proposal for illegal payment, etc.
\n
174.—(1) Whenever a proposal made at a meeting of a harbour authority would cause an illegal payment to be made out of the funds of the harbour authority or would be likely to result in a deficiency or loss in or to such funds, it shall be the duty of (as the case may be) the General Manager or the secretary (or, where such manager or secretary is not present, of the officer of the harbour authority present on his behalf) to make objection to the proposal and to state the grounds of the objection.
\n
(2)Whenever an objection is made under this section to a proposal made at a meeting of a harbour authority, there shall be entered on the minutes of the meeting— (a) a record of the objection having been made, (b) the grounds of the objection, and (c) where a decision is taken on the proposal, a statement in respect of each member of the harbour authority present as to whether he voted for the proposal, against the proposal, or abstained from voting.
\n
Service of document on harbour authority.
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175.—Any notice or other document required to be served on or given to a harbour authority may be sent by post in an envelope addressed to the harbour authority or to the General Manager or the secretary (as the case may be) at the principal office of the harbour authority or may be delivered to an officer of the harbour authority at such principal office.
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Authentication of document.
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176.—Any notice or other document required to be authenticated by a harbour authority shall be sufficiently authenticated if signed by any two members of the harbour authority or by the General Manager or the secretary (as the case may be).
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Prosecution of offences.
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177.—(1) An offence under this Act alleged to have been committed by a harbour authority may be prosecuted by or at the suit of the Minister.
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(2)An offence under this Act alleged to have been committed by a person other than a harbour authority may be prosecuted by or at the suit of either the Minister or the harbour authority concerned.
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Provisions in respect of certain roads.
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178.—(1) Where immediately before the passing of this Act a harbour authority maintained any roads— (a) the Minister, if he so thinks fit, may, with the consent of the Minister for Local Government and Public Health, by order declare that the harbour authority shall cease to maintain the roads, and that the roads shall be maintained by a specified local authority, and (b) unless and until such order comes into operation, the harbour authority shall continue to maintain the roads in like manner as before the passing of this Act.
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(2)Where immediately before the passing of this Act a harbour authority contributed to the maintenance by a local authority of any roads— (a) the Minister, if he so thinks fit, may, with the consent of the Minister for Local Government and Public Health, by order declare that the harbour authority shall cease to contribute to the maintenance by the local authority of the roads, and (b) unless and until such order comes into operation, the harbour authority shall continue to contribute to the maintenance by the local authority of the roads in like manner as before the passing of this Act.
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(3)An order made under this section in relation to a harbour authority may contain such supplemental and ancillary provisions as the Minister thinks proper, including, in particular, provisions providing for the payment by the harbour authority of compensation to the local authority specified in the order.
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(4)An order under this section shall have the force of law in accordance with its terms.
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Provisions in respect of certain policing powers.
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179.—(1) Where, immediately before the passing of this Act, a harbour authority had any powers in respect of the policing of their harbour, the following provisions shall have effect: (a) if the said powers were then being exercised— (i) the Minister for Justice, if he so thinks fit, may, after consultation with the Minister for Finance, by order declare that the said powers shall cease and that the policing of the harbour shall be carried out by the Garda Síochána, and (ii) unless and until such order comes into operation and notwithstanding any other provision of this Act, the said powers, and the duties, powers and obligations of any constables or other officers duly appointed by the harbour authority in exercise of the said powers, shall continue in like manner as before the passing of this Act; (b) if the said powers were not then being exercised they shall cease upon the passing of this Act.
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(2)Where an order is made under subsection (1) of this section in relation to a harbour authority, the Minister may, with the consent of the Minister for Finance, by order provide for compensation (to be paid or borne by such harbour authority) for the constables or their officers whose services will be dispensed with in consequence of the first-mentioned order and who have not reached the normal age of retirement.
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(3)An order under this section shall have the force of law in accordance with its terms.
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Grand Canal Docks and Royal Canal Docks.
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180.—The docks adjoining the harbour of the Dublin Port and Docks Board and known as the Grand Canal Docks and the Royal Canal Docks shall be deemed to be within the limits of that harbour for the purposes of sections 94 , 111 , 112 and 117 of this Act.
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Abolition of water bailiff's fees at Waterford Harbour.
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181.—(1) In this section the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Waterford.
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(2)The Minister may, if he so thinks fit, by order declare that, on and from a specified day,— (a) the charges commonly known as water bailiff's fees chargeable at Waterford Harbour shall cease to be charged, and (b) any obligations of the Corporation (whether acquired under charter or by statute or otherwise) whereof the said fees or any part thereof were in consideration shall cease.
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(3)The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Waterford Harbour Commissioners to the Corporation of such sum as the Minister thinks proper towards compensating the Corporation for loss sustained by them owing to the operation of the order.
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(4)An order under this section shall have the force of law in accordance with its terms.
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Abolition of city dues at Dublin Harbour.
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182.—(1) In this section the expression “the Corporation” means the Lord Mayor, Aldermen and Burgesses of Dublin.
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(2)The Minister may, if he so thinks fit, by order declare that, on and from a specified day,— (a) the charges commonly known as City dues chargeable at Dublin Harbour shall cease to be charged, and (b) any obligations of the Corporation (whether acquired under charter or by statute or otherwise) whereof the said dues or any part thereof were in consideration shall cease.
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(3)The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Dublin Port and Docks Board to the Corporation of such sum as the Minister thinks proper towards compensating the Corporation for loss sustained by them owing to the operation of the order.
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(4)An order under this section shall have the force of law in accordance with its terms.
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Abolition of cocket and entry tax at Cork Harbour.
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183.—(1) In this section the expression “the Company” means the body corporate known as the Commercial Buildings Company of Cork.
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(2)The Minister may, if he so thinks fit, by order declare that, on and from a specified day,— (a) the rates and duties, chargeable under the British statute passed in the year 1814 and entitled an Act to raise a fund for defraying the charge of commercial improvements, within the city and port of Cork, in Ireland, shall cease to be charged, and (b) any obligations of the Company (whether acquired under charter, or by statute or otherwise) whereof the said rates and duties or any part thereof were in consideration shall cease.
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(3)The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Cork Harbour Commissioners to the Company of such sum as the Minister thinks proper towards compensating the Company for loss sustained by them owing to the operation of the order.
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(4)An order under this section shall have the force of law in accordance with its terms.
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Special provisions with respect to certain sinking funds of Cork Harbour Commissioners.
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184.—Where the amount in a sinking fund maintained by the Cork Harbour Commissioners in relation to any mortgages and stock made or issued by them before the passing of this Act equals or exceeds the amount remaining due in respect of the mortgages together with the nominal value of so much of the stock as remains outstanding, any obligation of the Commissioners to make further contributions to the sinking fund shall cease.
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Provisions in respect of certain interests in river beds.
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185.—Where immediately before the passing of this Act, a local authority had any interest in a part within the limits of a harbour of the bed of any river, such part shall, by virtue of this section,— (a) in case the local authority had, before the 1st day of January, 1946, properly granted any lease or other interest in respect of such part for a term remaining unexpired at the passing of this Act—be transferred to and vested in the State upon the expiration of such term, and (b) in any other case—be transferred to and vested in the State upon the passing of this Act.
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Skerries Harbour and Balbriggan Harbour.
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186.—(1) This Act shall apply in relation to Skerries Harbour, and Balbriggan Harbour subject to the following modifications: (a) there shall not be a separate harbour authority of either Skerries Harbour or Balbriggan Harbour but the Dublin Port and Docks Board (in this section referred to as the Board) shall also be the harbour authority of Skerries Harbour and the harbour authority of Balbriggan Harbour, (b) the harbour master of Dublin Harbour shall also be the harbour master of Skerries Harbour and of Balbriggan Harbour, (c) the collector of rates of Dublin Harbour shall also be the collector of rates of Skerries Harbour and of Balbriggan Harbour, (d) all moneys received by the Board shall be expendible indifferently in respect either of Dublin Harbour, Skerries Harbour or Balbriggan Harbour, (e) the principal office of the Board at Dublin shall also be their principal office as respects Skerries Harbour and Balbriggan Harbour.
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(2)Nothing in this section shall affect an indenture made on the 19th day of January, 1878, between Ian Trant Hamilton of Abbotstown in the County of Dublin, Esquire, M.P., of the first part, James Alexander Hamilton of Number 56 Fitzwilliam Square in the City of Dublin, Esquire, of the second part, and the Dublin Port and Docks Board of the other part, and the said indenture shall have the like force and effect after the passing of this Act as it had before such passing.
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Contributions towards expenses of pilotage authorities.
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187.—A harbour authority which is a pilotage authority may make such contributions towards the expenses incurred by them in their capacity as such pilotage authority as, with the consent of the Minister, they may determine.
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Audit of accounts of pilotage authorities.
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188.—(1) The accounts of a pilotage authority shall be audited by an auditor appointed by the Minister.
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(2)The following enactments, as amended or adapted by or under any subsequent enactment (including any enactment passed after the passing of this Act), shall apply in relation to the audit and auditor of the accounts of a pilotage authority in the same manner as they apply in relation to the audit and auditor of the accounts of a local authority: (a) section 12 of the Local Government (Ireland) Act, 1871 , (b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898 , (c) sections 19 , 20 and 21 of the Local Government (Ireland) Act, 1902 , (d) sections 69 , 70 , 71 and 86 of the Local Government Act, 1941 (No. 23 of 1941), subject to the following modifications:— (i) the references in the said enactments, as so amended or adapted, to the Minister for Local Government and Public Health shall be construed as references to the Minister, (ii) the Minister, in fixing under section 69 of the Local Government Act, 1941 , an audit fee in respect of an audit, may fix the fee at any time, whether before or after the completion of the audit, and the audit fee so fixed shall also be the audit fee in respect of subsequent audits unless and until it is replaced by a different audit fee so fixed, (iii) any reference in section 70 or 71 of the Local Government Act, 1941 , to the prescribed period shall be construed as a reference to the like period as the expression for the time being refers to in the case of an audit of the accounts of a local authority.
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(3)An appointment of an auditor made by a pilotage authority before the passing of this Act shall terminate on such date as may be specified in that behalf by the Minister.
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Restriction of application of certain enactments.
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189.—(1) Neither paragraph 4 of section 10 of the Petty Sessions (Ireland) Act, 1851 , nor subsection (1) of section 683 of the Merchant Shipping Act, 1894 , shall apply in respect of proceedings for recovery of pilotage dues.
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(2)In this section the expression “pilotage dues” has the same meaning as it has in the Pilotage Act, 1913 .
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Provisions in regard to the enactments mentioned in the Third Schedule.
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190.—(1) So much of any enactment mentioned in the Third Schedule to this Act or of any order, regulation or other instrument made thereunder as is inconsistent with any enactment contained in this Act or in any order, regulation or other instrument made under this Act, shall cease to have effect as on and from the coming into operation of such last mentioned enactment.