Number 9 of 1946.

HARBOURS ACT, 1946.

ARRANGEMENT OF SECTIONS

Part I.

Preliminary and General.

Part II .

Members and Procedure of Harbour Authority.

Part III .

Removal from Office of Members of Harbour Authority.

Part IV .

Officers and Servants of Harbour Authority.

Part V .

Operation of Harbour.

Chapter I.

General Powers and Duties of Harbour Authority.

Chapter II.

Powers and Duties of Harbour Master of Harbour.

Chapter III.

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

Chapter IV.

Provisions for the Safety of Harbour and Vessels therein.

Part VI .

Charging Powers.

Chapter I.

General Provisions in Relation to Rates.

Chapter II.

Harbour Rates Orders.

Chapter III.

Payment and Recovery of Rates.

Part VII.

Finance and Accounts.

Part VIII.

Harbour Works Orders.

Part IX.

Contracts and Tenders.

Part X.

Miscellaneous.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

Number 9 of 1946.

HARBOURS ACT, 1946.

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

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

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

Definitions.

2. —(1) In this Act, save where the context otherwise requires—

the words “aircraft” and “aerodrome” have the same meanings respectively as they have in the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

the expression “annual meeting” has the meaning assigned to it by subsection (1) of section 20 of this Act;

the expression “chamber of commerce member” has the meaning assigned to it by section 7 of this Act;

the expression “the collector of rates” means the collector of rates or the harbour master and collector of rates (as the case may be) under section 38 of this Act of a harbour;

the expression “elected member” has the meaning assigned to it by section 7 of this Act;

the expression “election year” means a year which, in accordance with section 9 of this Act, is an election year for the purposes of this Act in respect of the relevant harbour authority;

the expression “the General Manager” means the General Manager under section 39 of this Act of a harbour;

the word “goods” includes livestock, minerals, wares, chattels and merchandise of all descriptions;

the expression “goods rates” has the meaning assigned to it by paragraph (b) of section 94 of this Act;

the expression “graving dock” includes any patent slip, gridiron, saucer or other like work;

the word “harbour” means the harbour of a harbour authority;

the expression “harbour authority” means a body mentioned in the first column of the First Schedule to this Act, but—

(a) in the case of the council of the urban district of Kilrush, the expression shall be construed as referring to that council acting as the body maintaining Cappa Pier at Kilrush, and

(b) in the case of the council of the urban district of Youghal, the expression shall be construed as referring to that council acting as the body maintaining Youghal Harbour;

the expression “the harbour master” means the harbour master or the harbour master and collector of rates (as the case may be) of a harbour under section 38 of this Act;

the expression “harbour rates order” has the meaning assigned to it by section 104 of this Act;

the expression “harbour works order” has the meaning assigned to it by section 134 of this Act;

the expression “labour member” has the meaning assigned to it by section 7 of this Act;

the expression “livestock member” has the meaning assigned to it by section 7 of this Act;

the expression “local authority” means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941);

the expression “local authority member” has the meaning assigned to it by section 7 of this Act;

the expression “manufacturer member” has the meaning assigned to it by section 7 of this Act;

the word “master” means the person having command or charge of the vessel in relation to which that word is used, but does not include pilots;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “nominated member” has the meaning assigned to it by section 7 of this Act;

the expression “the office of the collector of rates” means such place or any of such places as may from time to time be designated by the relevant harbour authority for the purpose of payment of rates chargeable by them;

the word “owner” includes, in relation to goods, any consignor, consignee, shipper or agent for sale or custody of such goods;

the expression “pilotage authority” has the same meaning as it has in the Pilotage Act, 1913;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “principal office” means the principal office maintained by a harbour authority under section 147 of this Act;

the expression “provisional harbour works order” has the meaning assigned to by it by section 135 of this Act;

the word “rates” includes tonnage rates, goods rates and service rates;

the expression “the secretary” means the secretary under section 38 of this Act of a harbour;

the expression “service rates” has the meaning assigned to it by paragraph (c) of section 94 of this Act;

the expression “tonnage rates” has the meaning assigned to it by paragraph (a) of section 94 of this Act;

the word “vessel” includes a ship, boat or other vessel of any description.

(2) A reference in this Act to a contravention of any provision includes, where appropriate, a reference to a contravention of that provision by failing or refusing to comply therewith.

(3) Any reference in this Act to the limits of a harbour shall be construed—

(a) in the case of a harbour as respects which a harbour works order fixing the limits thereof is for the time being in force—as a reference to the limits of the harbour as fixed by such order, but subject to any variation therein for the time being in force under any other harbour works order, and

(b) in any other case, as a reference to—

(i) if the harbour is Dublin Harbour—the limits of Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869, and

(ii) if the harbour is not Dublin Harbour—the limits of the harbour as existing immediately before the passing of this Act,

but subject to any variation therein for the time being in force under any harbour works order.

Expenses.

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

General provisions as to regulations.

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

(2) A power conferred by this Act on the Minister to make regulations shall be construed as a power to make such regulations in relation to harbour authorities generally or to one or more than one specified harbour authority and to make different regulations in relation to different harbour authorities.

(3) Regulations made by the Minister under this Act shall have the force of law in accordance with their terms.

Temporary provision with respect to membership of certain harbour authorities.

5. —The following provisions shall, notwithstanding anything contained in any other section of this Act or in any other enactment, have effect in relation to a harbour authority (not being a local authority) during the period beginning on the day of the passing of this Act and ending on the day before the second Thursday in the month of October in the year appointed under section 6 of this Act in respect of the harbour authority:

(a) subject to paragraph (b) of this section, the harbour authority shall consist of the persons acting as members thereof immediately before the passing of this Act;

(b) whenever any of the said persons dies or resigns, the vacancy occasioned thereby shall be filled by the remainder of the said persons co-opting a person to fill the vacancy;

(c) if any provisions contained in sections 37 to 52 and section 55 of the Commissioners Clauses Act, 1847, applied in relation to the harbour authority immediately before the passing of this Act, those provisions, subject to any variations which may have been made in them by the enactment by virtue of which they so applied, shall continue to apply in relation to the harbour authority.

PART II.

Members and Procedure of Harbour Authority.

Commencement of Part II.

6. —(1) This Part of this Act shall come into operation in relation to a harbour authority in such year as the Minister may by order appoint in respect of such harbour authority and as follows:

(a) so much of this Part of this Act as relates to the appointment, election and nomination of members of a harbour authority shall come into operation on the 7th day of July in the year so appointed,

(b) the remainder of this Part of this Act shall come into operation on the second Thursday in the month of October in the year so appointed.

(2) Where the Minister makes an order under this section in respect of a harbour authority which is a local authority, he shall include in the order, and it shall have effect accordingly, provisions creating on the second Thursday in the month of October in the year appointed by the order a new authority named in the order, transferring on that day to the new authority the harbour of the local authority, the management and control of such harbour and the assets, liabilities, officers and servants connected therewith and providing for any other matters supplemental or ancillary to the creation of the new authority, and the following provisions shall, in addition to those contained in the order, also have effect:

(a) the first appointment, election and nomination of the members of the new authority shall be carried out pursuant and subject to this Part of this Act as if the reference in the first column of Part II of the First Schedule to this Act to the local authority were a reference to the new authority,

(b) tonnage rates paid to the local authority during the year next preceding the year appointed by the order shall, in relation to such first election, be regarded as tonnage rates paid to the new authority during such preceding year,

(c) if the Minister appoints first members of the new authority under paragraph (b) of section 11 of this Act, he shall so appoint two persons who in his opinion are representative of the persons who have paid tonnage rates to the local authority,

(d) on and after the second Thursday in the month of October in the year appointed by the order, the reference in the first column of Part II of the First Schedule to this Act to the local authority shall be construed as a reference to the new authority.

Members of harbour authority.

7. —(1) A harbour authority mentioned in the first column of Part I of the First Schedule to this Act shall consist of the following members:

(a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid;

(b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid;

(c) two members (in this Act referred to as livestock members) appointed—

(i) in case one organisation is specified, in the order for the time being in force under subsection (3) of this section, by the organisation so specified,

(ii) in case two organisations are specified in the order for the time being in force under subsection (3) of this section, as to one of such members by the first organisation so specified and as to the other of such members by the second organisation so specified;

(d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited;

(e) two members (in this Act referred to as labour members) appointed by the organisation specified in the order for the time being in force under subsection (4) of this section in respect of the harbour authority;

(f) four members (in this Act referred to as elected members) elected by the qualified electors;

(g) four members (in this Act referred to as nominated members) nominated by the Minister.

(2) A harbour authority mentioned in the first column of Part II of the First Schedule to this Act shall consist of the following members:

(a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners,

(ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two of such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly;

(b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce;

(c) two members (in this Act also referred to as elected members) elected by the qualified electors;

(d) three members (in this Act also referred to as nominated members) nominated by the Minister.

(3) The Minister for Agriculture may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation or two specified organisations of livestock traders shall appoint the livestock members of such harbour authority.

(4) The Minister may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation representative of labour interests shall appoint the labour members of such harbour authority.

(5) Each of the following persons or groups of persons shall, as respects any particular election of elected members of a harbour authority, be a qualified elector for the purposes of paragraph (f) of subsection (1) or paragraph (c) of subsection (2) (as may be appropriate) of this section:

(a) a body corporate incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority, during the year ended on such 31st day of December, tonnage rates of an amount not less than the minimum sum,

(b) an individual who was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year, tonnage rates of an amount not less than the minimum sum,

(c) a group of individuals any one of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum,

(d) in the case of a corporate body not incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such corporate body provided that such manager was ordinarily resident in the State during such year,

(e) in the case of an individual who was not ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such individual provided that such manager was ordinarily resident in the State during such year,

(f) in the case of a group of individuals none of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such group provided that such manager was ordinarily resident in the State during such year.

(6) In subsection (5) of this section—

(a) the word “vessel” means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939,

(b) the word “owner” means a registered owner within the meaning of the Merchant Shipping Acts, 1894 to 1939.

(7) In subsection (5) of this section, the expression “the minimum sum” means—

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

(b) as respects a harbour authority mentioned in Part II of the First Schedule to this Act, either—

(i) ten pounds or,

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

(8) Until the first occurrence, after all moneys borrowed by the Galway Harbour Commissioners under section 48 of the Galway Harbour Act, 1935 (No. 2 (Private) of 1935), have been repaid, of a day which is the second Thursday in the month of October in an election year, subsection (2) of this section shall have effect in relation to the Galway Harbour Commissioners as if there were substituted therein for the words “four members” the words “five members” and for the words “appointed as to two of such members” the words “appointed as to three of such members”.

(9) One at least of the nominated members of a harbour authority mentioned in Part II of the First Schedule to this Act shall be a person who, in the opinion of the Minister, is representative of labour interests.

Special representation of local authorities in certain cases.

8. —(1) Where—

(a) a local authority (in this subsection referred to as the assisting authority) have afforded or agreed to afford financial assistance to a harbour authority, and

(b) the assisting authority are not a local authority which in accordance with this Act would ordinarily appoint local authority members of the harbour authority, and

(c) the Minister is of opinion that the assisting authority should have representation in the membership of the harbour authority,

the Minister, after consultation with the Minister for Local Government and Public Health, may by order declare either—

(i) that the assisting authority shall appoint one or more of the local authority members of the harbour authority and that the number of such members to be appointed by any local authority which under this Act would ordinarily appoint such members shall be reduced correspondingly, or

(ii) that the assisting authority shall appoint one or more additional local authority members of the harbour authority.

(2) Where the local authority members of a harbour authority are for the time being appointed by two or more local authorities, the Minister may by order vary the number of such members to be appointed by each of such authorities.

(3) An order made under this section shall have effect in accordance with its terms on and after the first occurrence after the making of the order of a day which is the 7th day of July in an election year.

(4) The Minister may by order amend or revoke any order previously made by him under this section (including an order made under this subsection).

Election year.

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

(2) The following years shall, in addition to the first election year, be election years for the purposes of this Act in respect of a harbour authority:

(a) in case the first election year is a year in which elections of members of councils of counties are held—every third successive year after the first election year,

(b) in any other case—the year, and every third successive year thereafter, in which elections of members of councils of counties are held next after the first election year.

Time for appointment, election and nomination.

10. —(1) During the period beginning on the 7th day of July and ending on the 31st day of August in an election year there shall take place, so far as may be necessary in accordance with this Act, in respect of a harbour authority—

(a) the appointment by the appropriate local authority or local authorities of persons to be the local authority members of the harbour authority,

(b) the appointment by the appropriate chamber of commerce or chambers of commerce of persons to be the chamber of commerce members of the harbour authority,

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

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

(e) the appointment, if the harbour authority is mentioned in Part I of the First Schedule to this Act, by the appropriate organisation representative of labour interests of the labour members of the harbour authority, and

(f) the election by the appropriate electors of persons to be the elected members of the harbour authority.

(2) The nomination by the Minister of the persons to be the nominated members of a harbour authority shall take place during the period beginning on the 1st day of September and ending on the second Thursday in the month of October in an election year.

(3) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, a local authority required to appoint persons to be the local authority members of a harbour authority fail to comply with such requirement either by not appointing any such persons, or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.

(4) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, a chamber of commerce required under this Act to appoint persons to be chamber of commerce members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.

(5) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation of livestock traders required under this Act to appoint persons to be livestock members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.

(6) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation of livestock traders required under this Act to appoint one person only to be a livestock member of a harbour authority fail to comply with such requirement, the Minister may, as soon as conveniently may be, appoint a person to be a member of the harbour authority to remedy such failure.

(7) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, the Federation of Irish Manufacturers, Limited, being required under this Act to appoint persons to be manufacturer members of a harbour authority, fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.

(8) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation representative of labour interests required under this Act to appoint persons to be labour members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy the failure.

(9) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, electors required under this Act to elect persons to be elected members of a harbour authority fail to comply with such requirement either by not electing any such persons, or by electing less than the number of such persons which they are so required to elect, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.

(10) A person appointed by the Minister under subsection (3), (4), (5), (6), (7), (8) or (9) of this section to be a member of a harbour authority shall be deemed for the purposes of this Act to have been duly appointed or elected to be a local authority member, a chamber of commerce member, a livestock member, a manufacturer member, a labour member or an elected member (as may be appropriate) of the harbour authority, but where his appointment by the Minister was made on or after the second Thursday in the month of October in the relevant election year, his term of office shall commence on the day next following the day of his appointment.

Appointment by the Minister in certain cases of elected members.

11. —Where, as respects the election to be held in any particular election year of the elected member of a harbour authority, the Minister is of opinion that the electors will be so few in number as to render inappropriate the holding of the election, the Minister may by order direct that the election shall not be held and thereupon—

(a) the election shall not be held, and

(b) the Minister shall, during the period beginning on the 1st day of September and ending on the second Thursday in the month of October in the election year, appoint four persons or two persons (as may be appropriate) who in his opinion are representative of payers of tonnage rates to the harbour authority to be the elected members of the harbour authority and such persons shall be deemed for the purposes of this Act to have been duly elected as the elected members of the harbour authority.

Chamber of commerce members to be appointed at special meeting.

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

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

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

(2) An election of elected members of a harbour authority shall be carried out under and in accordance with the regulations for the time being in force under this section in respect of the harbour authority.

Term of office.

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

(2) The term of office of a member of a harbour authority shall, unless he sooner dies, resigns or becomes disqualified, terminate on the day preceding the first occurrence after the day on which his term of office commences of a day which is the second Thursday in the month of October in an election year.

Casual vacancy.

15. —(1) Whenever a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a member—

(a) if the member was a local authority member, the local authority by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a local authority member to fill the vacancy,

(b) if the member was a chamber of commerce member, the chamber of commerce by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a chamber of commerce member to fill the vacancy,

(c) if the member was a livestock member, the organisation of livestock traders by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a livestock member to fill the vacancy,

(d) if the member was a manufacturer member, the Federation of Irish Manufacturers, Limited, shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a manufacturer member to fill the vacancy,

(e) if the member was a labour member, the organisation representative of labour interests by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a labour member to fill the vacancy,

(f) if the member was an elected member, the remaining members of the harbour authority shall, within two months after the occurrence of the vacancy, fill the vacancy by co-option of a person to be an elected member, and

(g) if the member was a nominated member, the Minister shall nominate a person to be a nominated member to fill the vacancy.

(2) The term of office of a person who becomes a member of a harbour authority under this section shall commence on the day next following the day of his appointment, co-option or nomination (as the case may be).

(3) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a local authority member, the harbour authority shall forthwith give notice by post of the vacancy to the local authority by whom the member was appointed.

(4) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a chamber of commerce member, the harbour authority shall forthwith give notice by post of the vacancy to the chamber of commerce by whom the member was appointed.

(5) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a livestock member, the harbour authority shall forthwith give notice by post of the vacancy to the organisation of livestock traders by whom the member was appointed.

(6) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a manufacturer member, the harbour authority shall forthwith give notice by post of the vacancy to the Federation of Irish Manufacturers, Limited.

(7) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a labour member, the harbour authority shall forthwith give notice by post of the vacancy to the organisation representative of labour interests by whom the member was appointed.

(8) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a nominated member, the harbour authority shall forthwith give notice by post of the vacancy to the Minister.

(9) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a member appointed by a body specified in paragraph (a), (b), (c), (d) or (e) of subsection (1) of this section and such body do not, within two months after the notice of the vacancy has been given to them under this section, fill the vacancy, the following provisions shall have effect:

(a) the harbour authority shall forthwith give notice by post to the Minister that the vacancy has not been filled, and

(b) the Minister may thereupon appoint a person to be a member of the harbour authority to fill the vacancy, and

(c) the person so appointed by the Minister shall be deemed for the purposes of this Act to have been duly appointed by such body to be a local authority member, a chamber of commerce member, a livestock member, a manufacturer member or a labour member (as the case may be) of the harbour authority to fill the vacancy.

Resignation of member of harbour authority.

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

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

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

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

18. —Where the members of a local authority authorised by this Part of this Act to appoint members of a harbour authority stand removed from office by order made under Part IV of the Local Government Act, 1941 (No. 23 of 1941), the following provisions shall have effect:

(a) a member of the harbour authority shall not be appointed by the commissioner or commissioners for the time being appointed under the said Part IV for the local authority save with the consent of the Minister,

(b) an order shall not be made under section 52 of the Local Government Act, 1941 (No. 23 of 1941), by the Minister for Local Government and Public Health in relation to the harbour authority save after consultation with the Minister.

Disqualification.

19. —(1) A person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority if—

(a) he is not an Irish citizen, or

(b) he has not attained the age of twenty-one years, or

(c) except in the case of being appointed or being a local authority member, the place where he ordinarily resides is more than thirty miles from the principal office of the harbour authority, or

(d) he holds any paid office under the harbour authority, or

(e) he has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine or to any greater punishment, and has not received a free pardon, or

(f) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been adjudged bankrupt, or made a composition or arrangement with his creditors, or

(g) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted of an offence under section 26 of this Act.

(2) If a member of a harbour authority is absent from more than half of the meetings of the harbour authority during any period of six consecutive months, he shall vacate his office unless the harbour authority decides that there is good reason for such absence.

(3) Where any portion of a sum charged or surcharged by an auditor of the accounts of a harbour authority upon or against any person remains unpaid, such person shall be disqualified for being appointed, elected or nominated or being a member of any harbour authority until the sum so charged or surcharged is paid unless such person appeals from the charge or surcharge and, in the final determination of the appeal, it is decided that the charge or surcharge was not lawfully made or (in the case of an appeal to the Minister) is not to be enforced.

(4) A disqualification under subsection (3) of this section shall commence—

(a) where an appeal from the relevant charge or surcharge is not taken, on the expiration of the time limited for such appeal, and

(b) where such appeal is taken, on the expiration of one month after the final determination thereof.

(5) Where a person is disqualified under this section by being adjudged bankrupt or making a composition or arrangement with his creditors, the disqualification shall cease, in case of bankruptcy, when the adjudication is annulled or when he obtains his discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in the case of composition or arrangement, on payment of his debts in full.

(6) Where under this section a member of a harbour authority becomes disqualified for holding his office, or vacates his office through being absent from meetings, the harbour authority shall forthwith declare his office to be vacant and it shall thereupon become vacant.

Meetings.

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

(2) Where an annual meeting cannot conveniently be held by a harbour authority on the second Thursday in the month of October in any particular year, the Minister may authorise the holding of the meeting on such day as he thinks proper not being later than twenty-one days after the said second Thursday, and the meeting may accordingly be held on the day so authorised.

(3) In addition to annual meetings, a harbour authority shall hold such and so many meetings as may be necessary for the exercise and performance of their powers and duties.

(4) The chairman of a harbour authority may at any time call a meeting of the harbour authority.

(5) If the chairman of a harbour authority refuses to call a meeting of the harbour authority after a requisition for that purpose, signed by three members of the harbour authority, has been presented to him, any three members of the harbour authority may forthwith, on that refusal, call a meeting of the harbour authority, and, if the chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the harbour authority, any three members of the harbour authority may, on the expiration of those seven days, call a meeting of the harbour authority.

(6) Three clear days at least before a meeting of a harbour authority, notice of the time and place of the intended meeting, signed by the chairman or an officer of the harbour authority authorised by them in that behalf, or, if the meeting is called by members of the harbour authority, by those members, shall be fixed on the principal office of the harbour authority and, if the meeting is called by members of the harbour authority, the notice shall specify the business proposed to be transacted thereat.

(7) Three clear days at least before a meeting of a harbour authority, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by an officer of the harbour authority authorised by them in that behalf, shall be left at or sent by post to the usual place of abode of every member of the harbour authority, but failure so to leave or send such notice for or to a member or some of the members of the harbour authority shall not affect the validity of the meeting.

(8) No business shall be transacted at a meeting of a harbour authority other than that specified in the summons relating thereto and such business (if any) as may be required by this Act to be transacted thereat.

Chairman and vice-chairman.

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

(2) A person elected to be chairman or vice-chairman of a harbour authority shall, unless he sooner dies, resigns, or becomes disqualified, hold office as chairman or vice-chairman (as the case may be) until immediately before the commencement of the next annual meeting of the harbour authority.

(3) Whenever the office of chairman or vice-chairman of a harbour authority becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman thereof, the harbour authority shall at their next meeting after the vacancy has taken place elect one of their members to be chairman or vice-chairman (as the case may be).

(4) The chairman or vice-chairman of a harbour authority, may at any time resign his office as chairman or vice-chairman by letter addressed to the harbour authority and the resignation shall take effect immediately before the commencement of the meeting of the harbour authority next after the receipt by them of the resignation.

(5) Whenever the chairman or vice-chairman of a harbour authority ceases during his term of office as chairman or vice-chairman to be a member of the harbour authority, he shall be disqualified for being, and shall forthwith cease to be, the chairman or vice-chairman (as the case may be).

Procedure at election of chairman or vice-chairman.

22. —At an election of a chairman or vice-chairman of a harbour authority, the following provisions shall have effect:

(a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate;

(b) where there is only one candidate, he shall be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of members present vote for any particular candidate, he shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this section, one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) of this section shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls taken under this section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if from an equality of votes given to two or more candidates any question arises under this section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.

Committees.

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

(2) A committee appointed under this section shall consist of not less than three members of the harbour authority appointing the committee.

(3) The acts of a committee appointed under this section shall be subject to the confirmation of the harbour authority by whom the committee were appointed, save that such harbour authority may, with the sanction of the Minister, empower any particular committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by such harbour authority which such harbour authority could themselves lawfully do.

(4) The quorum, procedure and place of meeting of a committee appointed under this section shall be such as may be appointed by regulations to be made by the harbour authority by which the committee is appointed.

Procedure and business.

24. —(1) The quorum for a meeting of a harbour authority shall be five in the case of a harbour authority mentioned in Part I of the First Schedule to this Act and four in the case of a harbour authority mentioned in Part II of the said Schedule.

(2) At a meeting of a harbour authority—

(a) the chairman of the harbour authority shall, if he is present, be chairman of the meeting;

(b) if the chairman of the harbour authority is not present or if the office of chairman is vacant, the vice-chairman of the harbour authority shall, if he is present, be chairman of the meeting;

(c) if the chairman of the harbour authority is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the harbour authority who are present shall choose one of their members to be chairman of the meeting.

(3) Save as otherwise provided by this Act, a question at a meeting of a harbour authority shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(4) A harbour authority may act notwithstanding one or more vacancies in their membership.

(5) Where—

(a) a local authority or a chamber of commerce purport to appoint or the Minister purports to nominate or persons required to elect elected members purport to elect a person to be a member of a harbour authority, and

(b) such person acts as such member, and

(c) there was any informality (including want of qualification on the part of such person) in the purported appointment, nomination, or election of such person,

the acts and proceedings of such person shall, for the purposes of the proceedings of the harbour authority but not further or otherwise, be as valid and effectual as if there had been no such informality.

(6) Where a person who has duly become a member of a harbour authority becomes disqualified for being a member of the harbour authority, the acts and proceedings of such person after his becoming disqualified shall, for the purpose of the proceedings of the harbour authority but not further or otherwise, be as valid and effectual as if he had not become so disqualified.

(7) The Minister may make regulations in respect of the procedure and business of a harbour authority.

(8) Subject to the provisions of this Act and any regulations made thereunder, a harbour authority shall regulate, by standing orders or otherwise, their procedure and business.

(9) Whenever a meeting of a harbour authority is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for the meeting shall be recorded, and, for the purpose of any provisions relating to disqualification of members of harbour authorities for non-attendance at meetings, a meeting of the harbour authority shall be deemed to have been held at such time and place and the members whose names are so recorded shall be deemed to have attended at such meeting.

Minutes.

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

(2) Until the contrary is proved, a meeting of a harbour authority or a committee of a harbour authority in respect of which minutes have been entered and signed under this section shall be deemed to have been duly convened and held and the persons attending the meeting to have been members of the harbour authority or committee (as the case may be) and, in the case of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

(3) The Minister may require a harbour authority to make and furnish to him within a specified time copies of the minutes of any meeting or meetings of the harbour authority or of a committee of the harbour authority and it shall be the duty of the harbour authority to comply with such requirement.

Acting as member of harbour authority when disqualified.

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

(2) Where a person is charged with an offence under this section and the fact that he acted as a member of a harbour authority when disqualified for being such member is proved, the onus of proving that he did not act knowingly shall be on such person.

Termination of membership of members of pilotage committee.

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

Construction of orders relating to pilotage committees.

28. —Where by an order under the Pilotage Act, 1913—

(a) a harbour authority mentioned in Part II of the First Schedule to this Act acting as a pilotage authority are authorised to appoint from among their members all or some of the members of a committee, and

(b) a specified number greater than two of the members so appointed by the harbour authority are required to be representative of shipping interests or shipowners or to have practical experience of shipping or nautical affairs,

the order shall be construed and have effect as if such specified number were two and as if the number of members of the committee to be appointed by the harbour authority other than persons qualified as aforesaid were so increased as to leave unchanged the total number of the members of the committee to be appointed by the harbour authority.

PART III.

Removal from Office of Members of Harbour Authority.

Commencement of Part III.

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

Removal from office of members of harbour authority.

30. —(1) If and whenever—

(a) the Minister, after holding a local inquiry into the performance by a harbour authority of their duties, is satisfied that such duties are not being duly and effectually performed, or

(b) a harbour authority refuses or neglects to comply with a judgment, order or decree of any court, or

(c) a harbour authority refuses after due notice to allow their accounts to be audited by the auditor appointed by the Minister, or

(d) the members of a harbour authority capable of acting are less in number than the quorum for meetings of such harbour authority, or

(e) a harbour authority refuses or wilfully neglects to comply with an express requirement which is imposed on them by or under any statutory or other enactment,

the Minister may by order remove from office the members of such harbour authority.

(2) On the removal from office of the members of a harbour authority—

(a) the membership of all the members of any committee, being a committee appointed by the harbour authority under section 23 of this Act, shall terminate, and

(b) the membership of all the members of any committee, being a committee appointed by the harbour authority acting as a pilotage authority, shall terminate.

(3) In this Part of this Act, every reference to a removal from office shall be construed as a reference to a removal from office under this section.

(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.

Reconstitutíon of membership of harbour authority after removal of members.

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

(2) The reconstitution year shall be—

(a) in case the members of the relevant harbour authority were removed from office in a year immediately preceding an election year—such election year or any of the three next following years, and

(b) in any other case—any of the three years next following the year in which the members of the relevant harbour authority were removed from office.

(3) During the period between the removal from office of the members of a harbour authority and the second Thursday in the month of October in the reconstitution year, no appointment, election and nomination of the members of the harbour authority shall take place other than the appointment, election and nomination of the said members in the reconstitution year.

(4) Subject to subsection (2) of this section, the removal from office of the members of a harbour authority shall not alter the election years as respects the harbour authority.

Appointment of commissioners.

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

(2) The Minister may—

(a) remove any commissioner for a harbour authority appointed under this section and appoint another person to be commissioner for the harbour authority in his place,

(b) when there is or are one or more than one commissioner appointed under this section for a harbour authority, appoint one or more than one person to be an additional commissioner or additional commissioners for the harbour authority,

(c) where there are two or more commissioners appointed under this section for a harbour authority, reduce the number of the commissioners and for that purpose remove one or more than one of the commissioners.

(3) In the subsequent sections of this Part of this Act, the word “commissioner” means a commissioner appointed under this section.

Exercise of powers, etc., by commissioners.

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

(2) In subsection (1) of this section, the word “power” includes the power to appoint a committee under section 23 of this Act.

(3) So long as a power of a harbour authority to appoint a committee is exercisable under this section by a commissioner or commissioners, the membership of the committee shall not be restricted to members of the harbour authority.

Tenure of office and remuneration of commissioner.

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

(2) The Minister may direct the payment of remuneration to any commissioner and may fix its amount, and such remuneration as so fixed shall be paid out of the revenue of the relevant harbour authority as part of their working and establishment expenses.

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

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

(2) The Minister, in exercise of the powers conferred on him by subsection (1) of this section but without prejudice to the generality thereof, may by order—

(a) provide for the exercise and performance by deputy of the powers and duties of a commissioner who is sick or absent on leave, and

(b) where there are two or more commissioners for a harbour authority, provide generally or as regards particular matters for the acting of the commissioners individually, collectively or by a majority.

(3) The Minister may by order amend or revoke any order made under this section (including any order made under this subsection).

Adaptation of enactments.

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

Continuity of existence.

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

PART IV.

Officers and Servants of Harbour Authority.

Officers and servants.

38. —(1) Subject to the provisions of this Act, there shall from time to time be appointed to or employed in the service of a harbour authority by such authority, such and so many officers (including, in the case of a harbour authority mentioned in Part II of the First Schedule to this Act, a secretary and, in every case, a harbour master and a collector of rates) and servants as may be necessary for the due administration, management, operation and maintenance of the harbour of the harbour authority.

(2) A harbour authority, in lieu of appointing in pursuance of this section both a harbour master and a collector of rates for their harbour, may appoint one person to be harbour master and collector of rates.

(3) A harbour authority may require any of their officers to give and maintain during his term of office security of such description and amount as the harbour authority consider proper.

(4) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, other than subsections (1) and (2) of section 7 and section 11 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall apply in relation to a harbour authority in like manner as they apply in relation to a local authority, but the expressions “the Minister” and “local authority” shall, in those Acts as so applied, mean respectively the Minister for Industry and Commerce and a harbour authority.

(5) If any question arises whether a person who is or was in the service of a harbour authority is or was an officer, the question shall be referred to the Minister whose decision shall be final.

(6) Whenever the Local Appointments Commissioners perform any function in respect of a harbour authority under the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, the harbour authority shall pay to the Local Appointments Commissioners such amount in respect of the expenses incurred by the Local Appointments Commissioners in performing such function as the Local Appointments Commissioners think proper, and every such amount paid to the Local Appointments Commissioners shall, for the purpose of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), be deemed to be a fee paid to the said Commissioners under that Act.

(7) (a) Where, before the passing of this Act, a person was appointed to an office or employment, under a harbour authority, which became vacant or was created on or after the 1st day of January, 1946, and which would, if this Part had come into operation on the 1st day of January, 1946, have been an office or employment to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, would have applied, then, that person shall, immediately upon the passing of this Act, cease to hold the said office or employment.

(b) Every question or dispute as to whether any particular office or employment is or is not an office or employment to which paragraph (a) of this subsection relates shall be decided by the Minister after consultation with the Local Appointments Commissioners and such decision shall be final and conclusive.

General Manager and Secretary.

39. —(1) A harbour authority mentioned in Part I of the First Schedule to this Act shall from time to time appoint a person to be General Manager of their harbour.

(2) The office of General Manager of a harbour shall be an office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply.

(3) The General Manager of a harbour shall be the chief executive officer of the harbour authority for the harbour.

(4) The General Manager of a harbour shall, subject to the overriding control of the harbour authority for the harbour, have control of all other officers and servants of the harbour authority and such officers and servants shall report to him or to the harbour authority through him.

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

(6) The General Manager of a harbour shall have the right to attend meetings of the harbour authority for the harbour and to take part in the discussions at such meetings as if he were a member of the harbour authority, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the harbour authority.

(7) The General Manager of a harbour may suspend any officer of the harbour authority of the harbour, but any such suspension may be determined by the harbour authority.

(8) The harbour authority of a harbour may suspend or, with the sanction of the Minister, remove the General Manager of the harbour, but no such suspension or removal shall be effected save by a resolution passed by the harbour authority for the purpose of such removal or suspension (as the case may be) and for the passing of which not less than two-thirds of the members of the harbour authority voted and which was so passed after not less than seven days' notice of the intention to propose the resolution had been given by post to every member of the harbour authority.

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

Deputy General Manager.

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

(2) The power to appoint a deputy General Manager conferred by subsection (1) of this section may also be exercised before and in contemplation of any vacation of the General Manager of a harbour or of any temporary incapacity on his part to execute the functions of his office through absence from the area in which the harbour is situated.

(3) A deputy General Manager appointed under this section shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed or dies or resigns, have all the powers and shall execute and perform all the functions and duties of the General Manager for whom he is deputising and for that purpose the references in subsections (3) to (7) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such deputy General Manager.

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

41. —(1) The secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act shall be the chief executive officer of the harbour authority.

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

Qualifications for offices.

42. —(1) The Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office under a harbour authority or for such of the offices under harbour authorities as belong to a specified class, description or grade, that is to say:—

(a) qualifications relating to character,

(b) qualifications relating to age, health, or physical characteristics,

(c) qualifications relating to education, training or experience,

(d) qualifications relating to residence,

(e) qualifications relating to sex,

(f) the qualification that any woman holding the office in question be either unmarried or a widow.

(2) The Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of the office so require.

(3) Before declaring under this section that any qualification is a qualification for any office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply, the Minister shall consult with the Local Appointments Commissioners.

(4) Every reference in the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, to the qualifications prescribed under that Act shall be construed in relation to every office under a harbour authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(5) Subject to the provisions of subsection (6) of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications.

(6) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications, and no suitable person possessing such qualifications is available for appointment, the Minister may, on the application of the harbour authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to the office without reference to such qualifications and thereupon such appointment may be so made.

(7) A person appointed to any office in pursuance of an authorisation under subsection (6) of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs:

(a) the expiration of the period specified in that behalf in the authorisation,

(b) the appointment to the office of a person possessing the qualifications for the time being declared under this section to be the qualifications for the office.

(8) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of the recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for the office.

(9) The Local Appointments Commissioners shall, before recommending a person to a harbour authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of the office.

Age limit for offices.

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

(2) Every regulation for the purposes of this section shall come into force six months after the day on which it is made.

(3) Where a regulation for the purposes of this section is for the time being in force in relation to any particular office, the following provisions shall have effect:

(a) if on the day when the regulation comes into force there is a holder of the office, the regulation shall not apply to such holder,

(b) if, on a day after the said day, a holder of the office (other than a holder to whom paragraph (a) of this subsection relates), reaches the age specified in the regulation as the age limit for the office, he shall cease to hold the office on the day on which he reaches that age.

Removal of officer other than General Manager.

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

(2) This section shall not apply in respect of the General Manager of a harbour.

Amalgamation of offices.

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

(2) Offices shall not be amalgamated under this section unless—

(a) each of the offices is vacant, or

(b) each of the offices is held by the same person, or

(c) one only of the offices being not vacant, the holder thereof consents to the making of the order, or

(d) in any other case, the same person holds each of such of the offices as are not vacant and such person consents to the making of the order.

(3) An order under this section amalgamating any offices may adapt any reference in this Act to any office under a harbour authority in such manner as the Minister considers necessary having regard to such amalgamation.

(4) The Minister may by order revoke or amend an order previously made by him under this section.

Provisions as respects certain first appointments.

46. —(1) Where—

(a) a person was, immediately before the passing of this Act, General Manager or General Manager and Secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act, and

(b) he was appointed to that office either before the 1st day of January, 1945, or on the recommendation of the Local Appointments Commissioners,

such person shall be deemed to have been duly appointed under section 39 of this Act immediately upon the passing of this Act to be the first General Manager under this Act of the harbour.

(2) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part I of the First Schedule to this Act and was appointed to that office before the 1st day of January, 1946—

(a) such person shall, subject to the provisions of this Act, continue to hold that office after the passing of this Act,

(b) where, in the case of Dublin Harbour, subsection (1) of this section does not apply, the following provisions shall have effect until an appointment is made to the office of General Manager under this Act of Dublin Harbour:

(i) the said office shall be deemed not to be created, save for the purposes of making such appointment and for the purposes of subsection (3) of this section,

(ii) the references in subsections (3) and (6) of section 39 and sections 174 , 175 and 176 of this Act to the General Manager of a harbour shall include a reference to such person.

(3) Where immediately before the passing of this Act the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to be General Manager of a harbour, such selection shall be completed in such manner as the said Commissioners think proper, and the person so selected and recommended by the said Commissioners for appointment shall be appointed General Manager of the harbour under section 39 of this Act as if the said selection and recommendation were made on a request, made by the harbour authority on the passing of this Act under section 6 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, in relation to the office of General Manager created by this Act.

(4) Where a person was, immediately before the passing of this Act, secretary of a harbour the harbour authority for which is mentioned in Part II of the First Schedule to this Act, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first secretary under this Act of the harbour.

(5) Where a person was, immediately before the passing of this Act, harbour master, collector of rates or harbour master and collector of rates of a harbour, such person shall be deemed to have been duly appointed under section 38 of this Act immediately upon the passing of this Act to be the first harbour master, collector of rates or harbour master and collector of rates (as may be appropriate) under this Act of the harbour.

PART V.

Operation of Harbour.

Chapter I.

General Powers and Duties of Harbour Authority.

General duties.

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

(2) A harbour authority shall take all proper measures for the maintenance and operation of all works, structures, bridges, equipment and facilities under their control.

(3) A harbour authority may make such charges as they consider proper for the use of any facility or accommodation provided by them under this section for passengers.

Cleaning, etc., of harbour.

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

Provision of tenders, etc.

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

(2) A harbour authority may make such charges for the use of anything provided by them under this section as, with the consent of the Minister, they may fix from time to time.

(3) Where a harbour authority were, immediately before the passing of this Act, making charges authorised by law for the use of anything mentioned in subsection (1) of this section, such charges shall be regarded for the purposes of subsection (2) of this section as having been duly fixed under that subsection.

(4) A harbour authority may let out for hire anything provided by them under this section for any period not exceeding three years on such terms as they think proper.

Provision of sheds, etc.

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

Provision of fire-fighting equipment.

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

Provision of ballast.

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

Lighters, ferries, etc.

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

(2) A harbour authority may charge on a licence under this section such fee as they consider reasonable and may at any time revoke the licence.

(3) Where a lighter, ferry-boat or other small boat is habitually used or plied for hire in a harbour and a licence under this section is not for the time being in force in respect thereof, the owner thereof shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding five pounds.

(4) Subsection (3) of this section shall not apply to a ferry operated under statute, charter or prescriptive right.

Warehousing.

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

Exclusive appropriation of part of harbour.

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

(2) Where any part of a harbour stands appropriated, whether under this section or otherwise, by the harbour authority for the harbour to the exclusive use of any person, trade or class of vessels, any person aggrieved by the appropriation may request the Minister to direct that the appropriation shall terminate and the Minister may, if he so thinks proper after consideration by him of such request and the circumstances of the appropriation, direct that the appropriation shall terminate.

(3) Whenever the Minister directs that the appropriation by a harbour authority of a part of their harbour to the exclusive use of any person, trade or class of vessels shall terminate, the harbour authority shall forthwith terminate the appropriation.

Running dry and lowering of water level in docks.

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

(2) Three clear days at least before a harbour authority run dry or lower the water level in any dock, they shall affix a notice of their intention so to do in a conspicuous place at each of the following places, that is to say, the principal office of the harbour authority and the harbour of the harbour authority.

Removal of obstructions.

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

(2) The expenses incurred by a harbour authority in connection with the removal under this section of an obstruction shall, so far as not recovered under subsection (3) of this section, be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.

(3) An article which is either an obstruction removed under this section by a harbour authority or a part of such obstruction may be sold by the harbour authority subject to the following provisions:

(a) the article shall not be sold for home use where any prohibition or restriction on importation applies in respect thereof or where the price which would be obtained is less than the amount of any duties of customs or excise payable in respect of the article;

(b) where the article is sold for home use, the harbour authority shall apply the proceeds of the sale—

(i) firstly, in payment of any such duties as aforesaid, and

(ii) secondly, in payment of the expenses incurred in connection with—

(I) the sale,

(II) the removal of the obstruction, and

(III) if the article is part of an obstruction, any sale or destruction of any other part of the obstruction,

and shall pay the balance (if any) on demand to the owner of the obstruction;

(c) where the article is sold otherwise than for home use, the harbour authority shall apply the proceeds of sale in payment of any such rates and expenses as aforesaid, and shall pay the balance (if any) on demand to the owner of the obstruction;

(d) the expenses incurred by the harbour authority in connection with the sale shall, so far as not recovered under this subsection, be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.

(4) Where, in the opinion of the harbour authority, it is inadvisable to offer an article for sale under subsection (3) of this section or where the article cannot, having regard to paragraph (a) of that subsection, be sold, the harbour authority may destroy the article, subject, where any duties of customs or excise are payable in respect thereof or any prohibition or restriction on importation applies in respect thereof, to the consent of the Revenue Commissioners and to compliance with any conditions which they may impose.

(5) Where an article is destroyed under subsection (4) of this section, the expenses incurred in connection with the destruction thereof, so far as not recovered under subsection (3) of this section, shall be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.

(6) A sum payable to a harbour authority under this section shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) In this section—

the word “obstruction” means any obstruction being—

(a) a vessel laid up as unfit for sea service,

(b) a wrecked or derelict vessel,

(c) a float of timber,

(d) any other article except an aircraft,

the expression “former owner” means, in relation to an obstruction, a former owner of the obstruction as respects whom it can be shown that he relinquished or transferred his interest therein after, in the case of a vessel, the vessel was laid up or became wrecked or derelict or, in the case of any other obstruction, it was found to be within the limits of the relevant harbour.

Buoys, etc.

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

(2) A harbour authority shall place and maintain life-buoys and lines of such kinds and at such points as the Minister may from time to time direct in respect of their harbour.

(3) A harbour authority shall, if so required by the Minister, provide and maintain, in such places and in such manner as the Minister directs, instruments, constructed according to specifications approved of by the Minister, for making tidal measurements and observations.

(4) A harbour authority shall make such measurements and observations with instruments provided by them under subsection (3) of this section and such additional tidal observations as the Minister directs and shall furnish returns of the said measurements and observations in such form and manner and at such intervals as the Minister directs.

(5) A harbour authority shall, if so required by the Minister, provide and maintain, in such places and in such manner as the Minister directs, instruments, constructed according to specifications approved of by the Minister, for making meteorological measurements and observations.

(6) A harbour authority shall make such measurements and observations with instruments provided by them under subsection (5) of this section and such additional meteorological observations as the Minister directs and shall furnish returns of the said measurements and observations in such form and manner and at such intervals as the Minister directs.

(7) A harbour authority shall, if so required by the Minister, provide, maintain and operate, in such place or places and in such manner as the Minister directs, equipment, constructed according to specifications approved of by the Minister, for the exhibition of gale warnings and other weather signals and notices and shall furnish returns relating to the exhibition of such signals and notices in such form and manner and at such intervals as the Minister directs.

Accommodation for customs officers.

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

(2) A harbour authority shall not make any charge in respect of anything provided or done in compliance with subsection (1) of this section.

Bye-laws.

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

(2) Without prejudice to the generality of subsection (1) of this section, a harbour authority may make bye-laws in respect of their harbour for all or any of the purposes mentioned in the Second Schedule to this Act.

(3) The Minister may require a harbour authority to make bye-laws in respect of their harbour for any specified purpose for which they are authorised to make bye-laws and they shall comply with such requirement.

(4) A bye-law made by a harbour authority under this section shall be submitted to the Minister for his approval.

(5) Whenever a harbour authority submits a bye-law for approval by the Minister, the following provisions shall have effect:—

(a) the harbour authority shall, as soon as conveniently may be after the submission, publish a notice of the submission at least once in each of two successive weeks in three newspapers (of which at least one is a morning daily newspaper) circulating in the area adjoining their harbour;

(b) the notice shall include a statement of the purposes for which the bye-law is made, an intimation that a copy of the bye-law is open for public inspection at the principal office of the harbour authority and that any person may submit to the Minister objections to the approval of the bye-law at any time during the period of sixty days commencing on the date of the first publication of the notice;

(c) the harbour authority shall, during the said period of sixty days, keep a copy of the bye-law open for public inspection during ordinary office hours at the principal office of the harbour authority;

(d) any person who objects to the approval of the bye-law may submit his objections to the Minister in writing at any time during the said period of sixty days;

(e) the Minister shall, as he may think proper, refuse to approve of the bye-law or approve thereof without modifications or make such modifications therein as he may think proper and approve of the bye-law as so modified but, in case he approves of the bye-law (whether with or without modification), he shall not so approve until the expiration of the said period of sixty days and shall consider all objections to the approval of the bye-law submitted to him during that period;

(f) if approved of by the Minister, the bye-law, as so approved of, shall come into force forthwith.

(6) The Minister shall not approve of a bye-law made under this section for a purpose mentioned in paragraph 4, 5 or 28 of the Second Schedule to this Act save after consultation with the Revenue Commissioners.

(7) A copy of the bye-laws for the time being in force under this section in respect of a harbour shall be kept affixed in a conspicuous place at each of the following places, that is to say, the harbour and the principal office of the harbour authority for the harbour.

(8) At their principal office a harbour authority shall keep for sale, at a price not exceeding six pence, copies of the bye-laws for the time being in force under this section in relation to their harbour.

(9) A document which purports to be a copy of bye-laws made under this section, and which has endorsed thereon a certificate (purporting to be signed by an officer of the harbour authority by which such bye-laws were made) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date, shall, without proof of the signature of such officer or that he was in fact such officer, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on that date.

(10) A bye-law which immediately before the passing of this Act was in force in respect of a harbour shall, on and after such passing, be deemed to have been made and to be in force in respect thereof (and shall be capable of being amended or revoked accordingly) under this section.

(11) It shall be the duty of a harbour authority, within four years after the passing of this Act or such longer period as the Minister may allow, to revoke all bye-laws continued in force by subsection (10) of this section in respect of their harbour and to make new and complete bye-laws under this section.

(12) A person who contravenes a bye-law in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding either ten pounds or, where such bye-law so provides, a less amount.

(13) Nothing in this section shall affect the obligation of a harbour authority to make bye-laws under the Petroleum Acts, 1871 to 1881, or apply in relation to any bye-laws made under those Acts.

Agreements between harbour authorities and transport undertakings.

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

Improvement of conditions of casual workers.

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

Chapter II.

Powers and Duties of Harbour Master of Harbour.

Statement of draught.

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

(2) If the master of a vessel, on being required under this section to give a statement of the draught of the vessel, refuses or fails to give such statement or gives a statement which, to his knowledge, is false or misleading, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Statement of take or cargo of fish.

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

(2) If the master of a vessel (other than a pleasure boat) which enters within the limits of a harbour with a take or cargo of fish fails to furnish the harbour master of the harbour with the statement mentioned in subsection (1) of this section or furnishes a statement which, to his knowledge, is false or misleading, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) The harbour master of a harbour may detain a vessel (other than a pleasure boat) which enters within the limits of the harbour with a take or cargo of fish until the master of the vessel complies with the requirements of this section.

Reporting of arrival of vessel at harbour.

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

(2) If the master of a vessel which arrives at a harbour fails to comply with the requirements of subsection (1) of 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 ten pounds.

Production of certificates of registry.

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

(2) If the master of a vessel refuses or fails to comply with a requirement authorised by 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 ten pounds.

Power of harbour master to give certain directions.

67. —(1) The harbour master of a harbour may, subject to any bye-laws in force in relation to the harbour, give to the master of a vessel using the harbour, such directions in connection with the user of the harbour as the harbour master thinks proper for the purpose of protecting persons and property or regulating traffic and, in particular, for the following purposes:

(a) regulating the time at which and the manner in which the vessel may enter into, go out of or lie in or at any part of the harbour and regulating the position, mooring, unmooring, placing or removing of the vessel,

(b) regulating the dismantling of the vessel, and

(c) regulating the quantity of ballast or dead weight in the hold of the vessel.

(2) A direction given under this section shall not—

(a) be repugnant to or inconsistent with any regulation of the Revenue Commissioners or the law relating to customs, or

(b) require the dismantling of any aircraft.

(3) If the master of a vessel refuses or fails to comply with a direction given to him by the harbour master of a harbour and authorised by this section or if the harbour master of a harbour cannot find the master of a vessel in relation to which the harbour master wishes to give a direction authorised by this section—

(a) the harbour master may carry out the direction and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the direction shall be paid by the master of the vessel to the harbour authority for the harbour and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.

(4) If the master of a vessel refuses or fails to comply with a direction given to him by the harbour master of a harbour and authorised by 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 ten pounds.

Power to require removal of vessel.

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

(2) The harbour master of a harbour shall, three days at least before making a requirement under this section, give notice of his intention to make the requirement to the collector of customs and excise at the harbour.

(3) A requirement made under this section shall not be repugnant to or inconsistent with any regulation of the Revenue Commissioners or the law relating to customs.

(4) If the master of a vessel refuses or fails to comply with a requirement made on him by the harbour master of a harbour and authorised by this section or if the harbour master of a harbour cannot find the master of a vessel in relation to which the harbour master wishes to make a requirement authorised by this section—

(a) the harbour master may carry out the requirement and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the requirement shall be paid by the master of the vessel to the harbour authority for the harbour and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.

(5) If the master of a vessel refuses or fails to comply with a requirement made on him by the harbour master of a harbour and authorised by 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 ten pounds.

Power to require loading or discharge of cargo.

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

(2) If the master of a vessel refuses or fails to comply with a requirement made on him by the harbour master of a harbour and authorised by this section or if the harbour master of a harbour cannot find the master of a vessel in relation to which the harbour master wishes to make a requirement authorised by this section—

(a) the harbour master may carry out the requirement and do all things necessary for or incidental to that purpose,

(b) the expenses incurred in so carrying out the requirement shall be paid by the master of the vessel to the harbour authority for the harbour and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.

Breaking up of vessel.

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

(2) Where the harbour master of a harbour gives a written consent to the breaking up of a vessel, he shall specify in the consent a period during which the breaking up shall be completed.

(3) If a person breaks up a vessel within the limits of a harbour without having obtained the written consent thereto of the harbour master of the harbour or, having obtained such consent, fails to complete the breaking up of the vessel within the period specified in that behalf in such consent, the harbour authority of the harbour may treat the vessel as a vessel laid up as unfit for sea service and apply accordingly the provisions of section 57 of this Act in respect of the vessel.

Power of entry into vessel in certain circumstances.

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

Powers in respect of vessel entering or leaving dock.

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

(2) If the master of a vessel refuses or fails to comply with a requirement made on him and authorised by 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 fifty pounds.

Detention of vessel in certain circumstances.

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

Penalty for obstruction.

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

Saver for responsibilities of master of vessel.

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

Chapter III.

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

Survey and examination of goods before they are unshipped.

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

(2) The owner and the consignee of goods in respect of which a report has been made to a harbour authority under this section and the master of the vessel concerned shall each be entitled to obtain on demand from the harbour authority a copy of the report.

Survey and examination of goods landed.

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

Superintendence of loading and unloading.

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

(2) If in respect of a vessel there is a refusal or failure to comply with subsection (1) of this section, the master of the vessel shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

Restriction on landing and shipping of goods.

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

(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.

Access to goods.

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

Certificates of deposit and warrants for delivery of goods.

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

(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.

(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.

Notice to detain goods for payment of freight.

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.

Making of customs entry by harbour authority in certain cases.

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.

(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.

(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.

(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.

Validity of certain documents.

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.

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

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.

(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.

Chapter IV.

Provisions for the Safety of Harbour and Vessels therein.

Marking of hazardous goods brought within harbour limits.

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.

(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.

Prohibition on bringing certain articles within harbour limits.

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.

(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.

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

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.

(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.

Restriction on extinguishing of certain lights.

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.

(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.

Restriction on boiling pitch, etc.

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.

(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.

Prohibition on attaching vessels to buoys other than mooring buoys.

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.

(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.

Opening and closing of certain bridges.

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.

(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.

Opening and closing of gates of dock.

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.

(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.

PART VI.

Charging Powers.

Chapter I.

General Provisions in Relation to Rates.

Power to charge rates.

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.

Continuation existing rates.

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.

(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 Chapter II 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.

Rates to be charged equally.

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.

(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.

Harbour facilities to be equally available on payment of rates.

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.

Inspecting and obtaining list of rates.

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.

(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.

Goods rates on goods not classified.

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.

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

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.

(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.

(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.

(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.

(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).

Variation of rates within fixed maximum.

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.

Conditional exemption from rates.

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.

(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.

(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.

(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.

(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.

(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.

Absolute exemption from rates.

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.

(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.

Chapter II.

Harbour Rates Orders.

Making of harbour rates order.

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.

(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).

(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.

(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.

(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.

(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.

(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.

Application for harbour rates order.

105. —(1) A harbour authority may apply to the Minister for a harbour rates order in respect of their harbour.

(2) An application for a harbour rates order shall be in the prescribed form and shall contain the prescribed particulars.

(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.

(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.

(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.

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

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.

(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.

(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.

Obligation to charge rates fixed by harbour rates order.

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.

(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.

(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.

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

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).

Chapter III.

Payment and Recovery of Rates.

Person by whom rates are to be payable.

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.

Payment of rates.

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.

(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.

(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.

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

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.

(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.

(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.

Obligations of persons shipping, transhipping or unshipping goods.

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.

(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.

Agreements in respect of the payment of rates.

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.

(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.

Ascertainment of rates payable.

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.

(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.

(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.

Penalties for evading payment of rates.

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.

Remedies for nonpayment of tonnage rates.

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.

(2) No article forfeitable under the Customs Acts shall be distrained under this section.

(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.

(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.

(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.

(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.

(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.

(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.

Remedies for nonpayment of goods rates and service rates.

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.

(2) No goods forfeitable under the Customs Acts shall be distrained under this section.

(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.

(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.

Power to refuse to give clearance in certain cases.

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.

PART VII.

Finance and Accounts.

Application of revenue.

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.

(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.

General power to borrow.

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.

(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.

(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.

(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.

(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.

(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.

(7) A harbour authority shall not borrow save under and in accordance with this section or the next following section.

Temporary borrowing.

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.

(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.

(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.

(4) References in this section to borrowing include references to reborrowing.

Borrowing from local loans fund.

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.

Investment by trustees in certain stocks and mortgages.

123. —Any stock issued or mortgage made by a harbour authority mentioned in Part I 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.

Protection of lenders.

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.

(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.

Establishment and abolition of funds.

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.

(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.

(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.

(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.

(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.

Regulations in relation to mortgages.

126. —(1) The Minister may make regulations in relation to mortgages made under this Act by a harbour authority.

(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.

(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.

Regulations in relation to stock.

127. —(1) The Minister may make regulations in relation to stock issued under this Act by a harbour authority.

(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.

Prohibition on issue of irredeemable stock.

128. —A harbour authority shall not issue irredeemable stock.

Provisions in respect of trusts.

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.

Continuation of funds.

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.

Accounts.

131. —(1) The Minister may by order make regulations in relation to the accounts to be kept by a harbour authority.

(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,