LegalizeHarbours Act , 1996
(b) The reference in this subsection to the property, rights and liabilities and members of staff of an aforesaid harbour authority includes a reference to any property, rights and liabilities of the harbour authority in their capacity as a pilotage authority but where a local authority constitutes an aforesaid harbour authority the first-mentioned reference does not include a reference to the property, rights and liabilities and members of staff of the local authority in its capacity as a local authority.
(3) An order under subsection (2) may relate to one or more than one of the harbour authorities mentioned in the Table to section 87.
(4) On the commencement of this subsection there shall stand transferred to Fingal County Council from the Dublin Port and Docks Board, or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the following harbours, namely, Skerries Harbour and Balbriggan Harbour together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with each of the said harbours.
(5) On the commencement of this subsection there shall stand transferred to Dun Laoghaire-Rathdown County Council from the Dublin Port and Docks Board, or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the following harbours, namely, Bulloch Harbour and Sandycove Harbour together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with each of the said harbours.
(6) On the commencement of this subsection there shall stand transferred to Dublin Corporation from the Dublin Port and Docks Board or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the quay walls and bridges of the River Liffey from and including the Rory O'More Bridge at Heuston Station up to and including the Matt Talbot Memorial Bridge together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with the said quay walls and bridges.
(7) As respects property, rights and liabilities of a harbour authority transferred by an order under subsection (2) or under subsection (4), (5) or (6), the following provisions shall have effect:
(a) on and from the commencement of the order or subsection (4), (5) or (6), as the case may be, without any further conveyance, transfer or assignment—
(i) the property concerned shall vest in the relevant local authority for all the estate and interest therein of the relevant harbour authority,
(ii) the rights concerned shall be enjoyed by the relevant local authority,
(iii) the liabilities concerned shall be the liabilities of the relevant local authority,
(b) if, immediately before the commencement of the order or subsection (4), (5) or (6), as the case may be, any legal proceedings are pending to which the relevant harbour authority is a party and, in the case of the Dublin Port and Docks Board or Dublin Port Company, the proceedings have reference to property, rights or liabilities transferred under subsection (4), (5) or (6), as the case may be, the name of the relevant local authority shall, on and from such commencement, be substituted in the proceedings for that of the relevant harbour authority and the proceedings shall not abate by reason of such substitution.
(8) On the commencement of an order under subsection (2), the relevant harbour authority shall stand dissolved and such dissolution shall include the dissolution of the relevant harbour authority in their capacity as a pilotage authority:
Provided that where a local authority constitutes the relevant harbour authority such dissolution shall not affect the local authority in its capacity as a local authority.
(9) (a) Where a local authority constitutes a harbour authority to which an order under subsection (2) relates, the Minister may on his or her own initiative and shall on the application of the relevant local authority issue a certificate in respect of specified property, rights or liabilities certifying, as he or she thinks proper, that the property, rights or liabilities were or were not property, rights or liabilities of the first-mentioned local authority in its capacity as the said harbour authority and, where appropriate, as a pilotage authority and the certificate shall be conclusive evidence of the facts so certified.
(b) For the purposes of subsections (4), (5) and (6), the Minister may on his or her own initiative and shall on the application of Fingal County Council, Dun Laoghaire-Rathdown County Council or Dublin Corporation issue a certificate in respect of specified property, rights or liabilities certifying, as he or she thinks proper, that the property, rights or liabilities were or were not connected with a harbour mentioned in subsection (4) or (5)) or the quay walls and bridges mentioned in subsection (6) and the certificate shall be conclusive evidence of the facts so certified.
(10) On and from the commencement of an order under subsection (2) that relates to the Bantry Bay Harbour Commissioners, references in section 2 of the Fishery Harbour Centres (Amendment) Act, 1992, to those commissioners shall be construed as references to the relevant local authority.
(11) Section 12 of the Finance Act, 1895, shall not apply to the vesting in a local authority of any property or rights transferred by an order under subsection (2) or under subsection (4), (5) or (6), as the case may be.
89 Regulation of harbours under the control or management of local authorities.
89.—(1) In this section “the Act of 1994” means the Local Government Act, 1994.
(2) (a) The Minister may make regulations with respect to the safety of navigation in harbours under the control or management of local authorities or a specified class or classes of harbours under such control or management.
(b) A person who contravenes a provision of regulations under this subsection shall be guilty of an offence.
(3) (a) Without prejudice to the generality of subsections (1), (2) and (7) of section 37 of the Act of 1994, but subject to subsection (8) of that section, the power of a local authority to make bye-laws under Part VII of the Act of 1994 includes the power to make bye-laws, in relation to a harbour under its control or management—
(i) for all the purposes that a company may make bye-laws under section 42 in relation to its harbour, and
(ii) for the purpose of enabling it to impose charges in like circumstances to those in which a company may impose charges under section 13.
(b) Notwithstanding subsection (2) and section 37 (2) (b) of the Act of 1994, the power aforesaid of a local authority includes a power to make bye-laws with respect to the safety of navigation in a harbour under its control or management:
Provided that any provision of bye-laws made by a local authority with respect to that matter shall, to the extent that the provision is inconsistent with regulations under subsection (2), not have effect for so long as such regulations remain in force.
90 Dissolution of Dún Laoghaire Harbour (Finance) Board.
90.—On the relevant vesting day (as respects Dún Laoghaire Harbour Company), the Dún Laoghaire Harbour (Finance) Board shall stand dissolved and the provisions of Part VI shall, with any necessary modifications, apply to the property, rights and liabilities of that Board and any proceedings pending against the Board immediately before the said day as they apply to the property, rights and liabilities of the Minister and any proceedings pending against him or her immediately before the said day.
91 Limits of harbours under the control or management of local authorities.
91.—(1) The Minister may, after consultation with the local authority concerned, by order define the limits of a harbour that is under the control or management of a local authority and for so long as such an order is in force the limits of such a harbour shall, notwithstanding the provisions of any enactment in force immediately before the commencement of the order, be those defined in the order.
(2) The reference in subsection (1) to an order in force shall, as respects such an order that is amended by an order in force under section 3 (4), be construed as a reference to the first-mentioned order as so amended.
92 Records and archives of companies and harbour authorities.
92.—(1) Each of the following, namely, a company and a harbour authority, shall, subject to the provisions of this section, make arrangements for—
(a) the proper management, custody, care and conservation of its or their records and archives, and
(b) the inspection by the public of its or their archives.
(2) A company or harbour authority may—
(a) co-operate with one or more local authorities or other persons in establishing and operating a local archives service, and may reimburse those authorities or persons for expenditure incurred by them in establishing and operating such a service in so far as it relates to the company's or harbour authority's records and archives; and
(b) with the consent of any local authority or other person which or who is operating a local archives service, delegate to that authority or person any of the functions conferred on the company or harbour authority by this section in so far as they relate to archives.
(3) The Minister may, after consultation with the Minister for the Environment and the Director of the National Archives, give advice, or, as the Minister thinks appropriate, directions, to a company or a harbour authority in relation to any matter relating to its or their records and archives and, in particular and without prejudice to the foregoing, in relation to the doing of any of the following things by the company or harbour authority as respects its or their records and archives (which each company and harbour authority is hereby empowered to do), namely—
(a) the retention, management, preservation, restoration and reproduction of records and archives,
(b) the certification of records to be unsuitable for classification as archives, and the review of such certification at specified intervals,
(c) the availability of archives for public inspection,
(d) the making and provision of copies and extracts from archives,
(e) circumstances in which archives, or particular classes of archives, may be withheld from public inspection,
(f) the preparation of guides, lists, indexes and finding aids to archives,
(g) the lending of archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and
(h) the disposal of records and harbour archives,
and the company or harbour authority shall have regard to any such advice and shall comply with any such directions.
(4) (a) In this section, “records” in relation to a company or har-bour authority, includes books, maps, plans, drawings, papers, files, photographs, films, microfilms and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, and other documentary or processed material, made or received, and held in the course of its or their business or as successor to any other body, by the company or harbour authority, and includes copies of any such records duly made, but does not include—
(i) grants, deeds or other documents of title relating to property for the time being vested in the company or harbour authority, and
(ii) any part of the permanent collection of a library, museum or gallery.
(b) In this section “archives”, in relation to a company or harbour authority, includes all records as aforesaid which are more than 30 years old, except such records as are certified by the company or harbour authority under subsection (3) to be unsuitable for classification as archives.
(5) Section 13 of the National Archives Act, 1986, shall cease to have effect in relation to records or documents of a company or harbour authority.
(6) Without prejudice to subsection (3), the National Archives Advisory Council may advise the Minister on any matter affecting archives of companies and harbour authorities and their use by the public.
(7) Nothing in this section shall affect any rights of a person claiming to be the owner of a document to recover the document.
(8) The making or supplying of reproductions by or under the direction of a company or harbour authority of archives which are held in accordance with this section and are open to public inspection shall not constitute an infringement of the copyright of such archives.
(9) A person shall not conceal, damage or destroy archives held in accordance with this section and shall not remove, publish or reproduce the whole or any part of any such archives without the written consent of the relevant company or harbour authority.
(10) A person who contravenes subsection (9) shall be guilty of an offence.
93 Amendment of Act of 1946.
93.—(1) Section 47 of the Act of 1946 is hereby amended by the addition of the following subsections after subsection (3):
“(4) A harbour authority may engage in any business activity, either alone or in conjunction with other persons, that they consider to be advantageous to the development of their harbour.
(5) Without prejudice to the generality of subsections (1) to (4) of this section, a harbour authority shall have power to do anything which appears to them to be requisite, advantageous or incidental to, or which appears to them to facilitate, either directly or indirectly, the performance by them of their functions as specified in this Act or any other enactment and is not inconsistent with any enactment for the time being in force.”.
(2) The Act of 1946 is hereby amended by the insertion after section 87 of the following section:
“Prohibition on certain vessels, etc., from entering harbour.
87A(1).—Subject to this section, the harbour master of a harbour may refuse entry into the harbour of a vessel, vehicle or other conveyance if by reason of its nature or the condition of any of the goods being carried on it such entry or its presence in the harbour thereafter would, in the opinion of the harbour master, pose a danger to persons or property.
(2) Subject to this section, the harbour master of a harbour may only permit the entry into the harbour of radioactive material (within the meaning of the International Maritime Dangerous Goods Code of the International Maritime Organisation) with the consent of the Radiological Protection Institute of Ireland.
(3) Subject to this section, the following are prohibited from entering a harbour—
(a) a nuclear powered vessel, vehicle or conveyance,
(b) a vessel, vehicle or other conveyance that is carrying any nuclear weapons,
(c) a vessel, vehicle or other conveyance that is carrying nuclear material (within the meaning of section 2 of the Radiological Protection Act, 1991), or ores or other substances destined for the production of nuclear materials.
(4) The Minister may, with the consent of the Minister for Transport, Energy and Communications on the advice of the Radiological Protection Institute of Ireland, exempt a vessel, vehicle or other conveyance of a specified class or classes carrying nuclear material from the application of subsection (3) (c) and for so long as such an exemption is in force subsection (3) shall be construed and have effect in accordance with the exemption.
(5) Subsections (1), (2) and (3) shall only apply to a vessel of the naval service of a state (other than the State) with the prior consent of the Government.
(6) Subsections (1), (2) and (3) shall not apply to a vessel in distress or where there is imminent danger to persons.
(7) Where a vessel, vehicle or other conveyance having been refused entry to a harbour under subsection (1) or in contravention of subsection (3) enters a harbour, the owner and master of the vessel or the owner of the vehicle or conveyance or the person to whom the conveyance is hired at the time of the entry shall each be guilty of an offence.
(8) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both,
(b) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years, or to both.”.
94 Saving for lighthouse authorities.
94.—Nothing in this Act or an instrument made thereunder shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority.
95 Provision with respect to superannuation schemes under Act of 1946.
95.—(1) Where the Minister is satisfied, after consultation with the harbour authority and the trustees (if any) concerned, that as respects a superannuation scheme made by a harbour authority under section 151 of the Act of 1946—
(a) the fund (if any) established in respect of the scheme does not comprise sufficient moneys as will enable the payment therefrom of superannuation benefits under the scheme that fall due for payment within the period of 12 months following any particular date, and
(b) the said harbour authority do not have resources from which there could be paid the said benefits,
then the Minister may, with the consent of the Minister for Finance, make available to the said harbour authority or, as the case may be, the trustees of a fund aforesaid, such amount of moneys (whether by way of grants or loans) as he or she may determine for the purpose of enabling the payment of the said benefits.
(2) No moneys shall be made available under subsection (1) more than 5 years after the commencement of this section.
(3) All money from time to time required by the Minister to meet sums which may become payable by him or her under this section shall be advanced out of the Central Fund or the growing produce thereof.
PART VI Transitional Provisions with Respect to a Company Established Pursuant to Section 7
96 Transfer of land and other property.
96.—(1) On the relevant vesting day all land which, immediately before that day, was vested in—
(a) the harbour authority of a harbour, or
(b) in the case of Dún Laoghaire Harbour, the Minister and was used or had been acquired by the Minister for the purposes of his or her functions in relation to Dún Laoghaire Harbour,
and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company established pursuant to section 7 in respect of the said harbour for all the estate or interest for which immediately before the said day it was vested in the harbour authority or the Minister, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed.
(2) Subsection (1) shall not operate to vest in a company any minerals or any right of mining or taking minerals.
(3) On the relevant vesting day all property, other than land, including choses-in-action, which immediately before that day was—
(a) the property of the harbour authority of a harbour, or
(b) in the case of Dún Laoghaire Harbour, the property of the Minister and was used or had been acquired by the Minister in connection with his or her functions in relation to Dún Laoghaire Harbour,
shall stand vested in the company established pursuant to section 7 in respect of the said harbour without any assignment.
(4) Every chose-in-action transferred by subsection (3) to a company may, after the relevant vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company, the harbour authority or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.
(5) The Minister may on his or her own initiative and shall on the application of Dún Laoghaire Harbour Company issue a certificate in respect of specified land certifying, as he or she thinks proper, that the land vested in that company under subsection (1) or did not so vest and the certificate shall be conclusive evidence of the facts so certified.
(6) The Minister may on his or her own initiative and shall on the application of Dún Laoghaire Harbour Company issue a certificate in respect of specified property certifying, as he or she thinks proper, that the property vested in that company under subsection (3) or did not so vest and the certificate shall be conclusive evidence of the facts so certified.
97 Transfer of rights and liabilities.
97.—(1) All rights and liabilities of the harbour authority of a harbour or, in the case of Dún Laoghaire Harbour, of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by the harbour authority or the Minister, as the case may be, before the relevant vesting day and which, in the case of the Minister, were connected with his or her functions in relation to Dún Laoghaire Harbour shall on that day stand transferred to the company established pursuant to section 7 in respect of the harbour concerned.
(2) The Minister may on his or her own initiative and shall on the application of Dún Laoghaire Harbour Company issue a certificate in respect of a specified contract or commitment certifying, as he or she thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the relevant vesting day to that company under subsection (1) or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.
(3) Every right and liability transferred by subsection (1) to a company may, on and after the relevant vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company, the harbour authority or the Minister, as the case may be, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
(4) Dún Laoghaire Harbour Company shall comply with such obligations (excluding repayment of principal or interest payments) as may be specified by the Minister for Finance in relation to his or her contractual obligations under foreign loan contracts, entered into before the relevant vesting day, in connection with functions of the Minister in relation to Dún Laoghaire Harbour.
98 Exemption from stamp duty.
98.—Section 12 of the Finance Act, 1895, shall not apply to the vesting in a company of any property or rights transferred by this Act.
99 Liability for loss occurring before vesting day.
99.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the relevant vesting day by a harbour authority of their functions in relation to their harbour, or by the Minister of his or her functions in relation to Dún Laoghaire Harbour, shall, after that day, lie against the company established pursuant to section 7 in respect of the said harbour (in subsection (2) referred to as the “relevant company”) whether or not any claim in respect thereof was made before that day and subject to section 101, not against the harbour authority, the Minister, any other State authority or the State.
(2) Where, before the relevant vesting day in a claim to which subsection (1) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the injured person and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall be enforceable against the relevant company and, subject to section 101, not against the harbour authority concerned, the Minister, any other State authority or the State.
(3) Any claim made or proper to be made by a harbour authority, the Minister, any other State authority or the State in respect of any loss or injury arising from the act or default of any person before the relevant vesting day and, in the case of a claim by any of the said persons (other than a harbour authority), the claim relates to the performance by the Minister of his or her functions in relation to Dún Laoghaire Harbour shall be regarded as made by or proper to be made by the company established pursuant to section 7 in respect of the harbour of the harbour authority or Dún Laoghaire Harbour, as the case may be, (in subsection (4) referred to as the “relevant company”) and may be pursued and sued for by that company as if the loss or injury had been suffered by it.
(4) Where, before the relevant vesting day, in a claim to which subsection (3) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the harbour authority concerned, the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the harbour authority concerned, the Minister, any other State authority or the State, be enforceable by the relevant company.
(5) This section does not apply to a claim by one State authority against another.
100 Continuance of pending legal proceedings.
100.—All legal proceedings relating to a matter to which a function of a company relates and pending immediately before the relevant vesting day to which the former harbour authority of its harbour, the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the said company.
101 Enforcement of judgments.
101.—(1) Where judgment is given against Dún Laoghaire Harbour Company in any proceedings in pursuance of a claim to which section 99 (1) relates or in proceedings continued under section 100and the person in whose favour the judgment is given has been unable to enforce the judgment, in whole or in part, against the company, he or she shall be entitled to enter judgment against the Minister for Finance in any court of competent jurisdiction for any amount not recovered on foot of the judgment as a debt due to him or her by the said Minister.
(2) The Minister for Finance shall be entitled to recover from Dún Laoghaire Harbour Company any payment made by him or her to a person in satisfaction of a judgment entered against him or her under subsection (1).
(3) Moneys required by the Minister for Finance to meet payments required by him or her under this section shall be advanced to him or her out of the Central Fund or the growing produce thereof, and shall be repaid to the Central Fund out of moneys provided by the Oireachtas.
102 Continuance of certain notices, certificates, declarations and bonds.
102.—(1) From the relevant vesting day—
(a) every notice, certificate and declaration made by, or given by or to, a harbour authority or the Minister in the case of Dún Laoghaire Harbour,
(b) every court order directed to any person, and
(c) every bond given by any person to a harbour authority or to the Minister in the case of Dún Laoghaire Harbour,
which relates to matters to which functions of the company established pursuant to section 7 in respect of the harbour of the said harbour authority or Dún Laoghaire Harbour, as the case may be, relate shall, where its operation, effect or term has not ceased or expired before the said day, continue in force and have effect as if the functions of the said harbour authority or of the Minister, as the case may be, were on that day performable by the said company.
(2) This section shall not have effect in relation to anything provision for the continuance in force of which is made by any other provision of this Act.
103 Continuance of licences and permissions granted by a harbour authority or the Minister.
103.—Every licence or permission granted by a harbour authority or by the Minister, in the case of Dún Laoghaire Harbour, in relation to land or other property vested in a company by or under this Act, and in force immediately before the relevant vesting day, shall continue in force as if granted by the said company.
104 Transitional financial provisions in relation to Dún Laoghaire Harbour.
104.—(1) Dún Laoghaire Harbour Company shall pay to or in respect of every member of the staff of the Department of the Marine transferred under section 38 to the staff of the company any amount due to or in respect of that member in respect of service as such member and unpaid on the relevant vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister in respect of any such payments (other than payments made in respect of untaken leave).
(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the Dún Laoghaire Harbour Company an amount equal to advance payments received by the Minister before the relevant vesting day in respect of goods or services to be provided by the company on or after the said day less the amount of any costs incurred by the Minister in collecting such payments.
(3) Dún Laoghaire Harbour Company shall pay to the Minister an amount equal to sums collected by it on or after the relevant vesting day in respect of goods or services provided by the Minister before the said day in the performance of a function of the Minister in relation to Dún Laoghaire Harbour corresponding to a function of the company.
(4) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the Dún Laoghaire Harbour Company and with the concurrence of the Minister for Finance, may determine.
(5) Dún Laoghaire Harbour Company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his or her officers shall have the right to inspect and take copies of all relevant records and documents of the company.
(6) In the event of a disagreement as to any amount to be paid by the Minister to Dún Laoghaire Harbour Company or by Dún Laoghaire Harbour Company to the Minister under this section, the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.
105 Application of Part VI as respects harbour authorities which are pilotage authorities.
105.—(1) Subject to subsection (2), the provisions of this Part shall, with any necessary modifications, apply to the property, rights and liabilities of a harbour authority, and every other matter in relation to the harbour authority that is mentioned in this Part, in their capacity as a pilotage authority as those provisions apply to them in their capacity otherwise.
(2) As respects a harbour authority that section 81 (2) provides shall continue in existence in their capacity as a pilotage authority on and from a relevant vesting day, the application, by virtue of this section, of the provisions of this Part to the harbour authority in that capacity shall not have effect until the day on which the harbour authority stands dissolved in that capacity under section 81 (2) (“the date of dissolution”) and, accordingly, for the purposes of the said application of the provisions of this Part to such a harbour authority, references in those provisions to the relevant vesting day shall be construed as references to the date of dissolution.
FIRST SCHEDULE Harbours in Respect of which Companies may be Established Pursuant to Section 7 and the Names of the Companies that may be so Established
| Harbour | Name of company |
|---|---|
| (1) | (2) |
| Arklow Harbour | Arklow Harbour Company |
| Cork Harbour | Port of Cork Company |
| Drogheda Harbour | Drogheda Port Company |
| Dublin Harbour | Dublin Port Company |
| Dundalk Harbour | Dundalk Port Company |
| Dún Laoghaire Harbour | Dún Laoghaire Harbour Company |
| Foynes Harbour | Foynes Port Company |
| Galway Harbour | Galway Harbour Company |
| New Ross Harbour | New Ross Port Company |
| Shannon Harbour | Shannon Estuary Ports Company |
| Waterford Harbour | Port of Waterford Company |
| Wicklow Harbour | Wicklow Port Company |
SECOND SCHEDULE Enactments Repealed
| Session and Chapter or Number and Year | Subject Matter or Short Title | Extent of Repeal |
|---|---|---|
| (1) | (2) | (3) |
| 55 Geo. 3, c. 191 | Erection of harbour at Dunleary | The whole Act |
| 56 Geo. 3, c. 62 | Erection of harbour at Dunleary | The whole Act |
| 1 Geo. 4, c. 69 | Erection of harbour at Dunleary | The whole Act |
| 6 & 7 Will. 4, c. 117 | Kingstown Harbour | The whole Act |
| 1 & 2 Vict., c. 36 | Kingstown Harbour and Dublin Port and Harbour | The whole Act |
| 9 Vict., c. 3 | Fisheries (Ireland) Act, 1846 | Section 70 |
| 28 & 29 Vict., c. 67 | Kingstown Harbour | The whole Act |
| 32 & 33 Vict., c. c | Dublin Port and Docks Act, 1869 | Section 214 |
| 39 & 40 Vict., c. xcv | Kingstown Harbour Act, 1876 | The whole Act |
| 2 & 3 Geo. 5, c. 31 | Pilotage Act, 1913 | The whole Act |
| No. 49 of 1924 | State Harbours Act, 1924 | The whole Act in so far as it relates to Dún Laoghaire Harbour |
| No. 2 (Private) of 1929 | Dublin Port and Docks (Bridges) Act, 1929 | The whole Act |
| No. 2 of 1934 | Harbours (Regulation of Rates) Act, 1934 | The whole Act |
| No. 2 of 1962 | Pilotage (Amendment) Act, 1962 | The whole Act |
| No. 7 of 1990 | Dún Laoghaire Harbour Act, 1990 | The whole Act |
| No. 19 of 1994 | Dún Laoghaire Harbour Act, 1994 | The whole Act |
THIRD SCHEDULE Limits of Harbours and Pilotage Districts
Limits of Harbours
The limits of the harbour of a company are set out in whichever of the following paragraphs of this Part is headed with the name of the company.
Arklow Harbour Company
Limits extending from the Nineteen Arches Bridge in the town of Arklow to an imaginary point 805 metres east from the tip of the South Pier and in a radius 805 metres south and 805 metres north from the said point, and including the Avoca River, Arklow Harbour and its dock and all lands and other property belonging to Arklow Harbour Company.
Port of Cork Company
Limits extending seaward to an imaginary straight line drawn between Power Head on the eastern approach to Cork Harbour and Cork Head on the western approach and extending landward to the Eamonn de Valera Bridge and the Michael Collins Bridge in the City of Cork.
Drogheda Port Company
Limits comprising the following two limits, viz—
(a) the northern limit commencing at the north east angle of the bridge at Shop Street and running in an easterly direction along the North Quays to the eastern extremity of Donor's Green, from there along the Baltray Road to the village of Baltray, from there to Aliera Beacon and along the line of the high water mark bounding the eastern shores of the townland of Baltray and terminating at Duffs Farm;
(b) the southern limit commencing at the north east angle of the bridge at Shop Street and running in a southerly direction along the east side of the said bridge to its south east angle, from there in an easterly direction along the high water mark to the Maiden Tower, from there along the high water mark of the eastern shore of the townland of Mornington to the southern extremity of Bettystown.
Dublin Port Company
Limits consisting of and including—
(a) the River Liffey and the quays and walls bounding the same,
(b) the walls called the North Wall, the South Wall and the East Wall, respectively,
(c) the piers, jetties, tidal basins and other works constructed by or belonging to the Dublin Port and Docks Board before the relevant vesting day,
(d) the Harbour of Dublin and the strands, bays, creeks and harbours thereof and all waters inside that area,
commencing from but excluding the Matt Talbot Memorial Bridge in the City of Dublin, and extending to an imaginary straight line drawn from the Baily Lighthouse on the north in the County of Dublin and extending through the North Burford Bank Buoy and thence through the South Burford Bank Buoy and thence to Sorrento Point on the south but excepting the limits of the harbour of Dún Laoghaire Harbour Company and excepting also the harbours of Bulloch, Coliemore and Sutton.
Dundalk Port Company
Limits extending to and including the river, port and harbour of Dundalk between the Bridge of Dundalk and an imaginary straight line drawn from the seaward end of Dunany Point to the seaward end of Cooley Point excepting the area within the limits of the harbour of Annagassan.
Dún Laoghaire Harbour Company
Limits consisting of the areas contained within and including the East and West piers of Dún Laoghaire Harbour and within 600 metres of the entrance to that harbour, together with any adjoining land, banks, inlets and havens vested in Dún Laoghaire Harbour Company and the docks, piers, jetties, quays and other works vested in that company.
Foynes Port Company
Limits consisting of the lands and docks, piers, jetties, quays and other works vested in Foynes Port Company together with the waters of the sea and the River Shannon bounded on the east by an imaginary straight line drawn from Durnish Point to Gammarel Point, and bounded on the west by an imaginary line drawn from Battery Point on Foynes Island in a direction 264 degrees from true north for 4.0 cables, and thence in a direction 225 degrees from true north for 6.6 cables, and thence to a point 2.8 cables due north of Mount Trenchard Point, and thence to a point north of Loghill which point is 7.4 cables south of the coast of the County of Clare on the meridian 9 degrees, 12 minutes west of Greenwich, and thence due south through the mouth of the White River at Loghill.
Galway Harbour Company
Limits consisting of all the waters with the bed and foreshore thereof lying within an imaginary straight line drawn from Barna Cliff to Kilcolgan Point, both in Galway Bay, and any adjoining lands, banks, inlets, havens, and landing places vested in Galway Harbour Company and the docks, piers, jetties, quays and other works vested in that company.
New Ross Port Company
Limits commencing at the junction of the River Barrow with the River Suir north of a line joining Drumdowney Point with Kilmokea Point and extending upriver to the entrance of the canal at St. Mullins on the River Barrow and to the Lock Quay of Innistioge on the River Nore.
Shannon Estuary Ports Company
Limits extending landward along the River Shannon up to and including Mallow Street Bridge in the City of Limerick and extending seaward to an imaginary straight line drawn from Loop Head in the County of Clare to Kerry Head in the County of Kerry excepting the limits of the harbour of Foynes Port Company and the piers at Kildysart, Glin, Tarbert and Cappa (Kilrush).
Port of Waterford Company
Limits comprising the following two limits, viz—
(a) the outward limits consisting of the waters of the sea and River Suir within an imaginary arc with radius of 6.44 kilometres drawn seaward from a point midway between Falskirt Rock and Hook Point;
(b) the inward limits are an imaginary straight line extending from a point 35 metres westward from the centre line of Killoteran Pill and due north west to a position in the townland of Licketstown on the Kilkenny side of the River Suir.
Wicklow Port Company
Limits comprising the following two limits, viz—
(a) the downstream limits consisting of Wicklow Harbour from an imaginary straight line drawn from the outer or northern end of the east pier to the outer end of the new pier and also the area lying below the line of high-water mark of ordinary spring tides within 457 metres from any part of that harbour;
(b) the upstream limits extending to the bridge known as the Railway or Metal Bridge across the River Leitrim.
Limits of Pilotage Districts
The limits of the pilotage district of a company are set out in whichever of the following paragraphs of this Part is headed with the name of the company.
Port of Cork Company
Limits comprising the following two limits, viz—
(a) the outward limits consisting of the waters within an imaginary arc with radius of 9.65 kilometres drawn seawards from Roches Point;
(b) the inward limits commencing at the Eamonn de Valera Bridge and Michael Collins Bridge in the City of Cork.
Drogheda Port Company
Limits consisting of the waters of the sea and River Boyne between St. Mary's Bridge in the town of Drogheda and an imaginary straight line drawn from Clogherhead in the County of Louth to Skerries in the County of Dublin.
Dublin Port Company
Limits consisting of the waters of the River Liffey below the Matt Talbot Memorial Bridge and so much of the sea westward of the sixth meridian as lies between the parallels of latitude passing through the Baily Lighthouse on the North and through Sorrento Point on the South including all bays, creeks, harbours and all tidal docks within such area.
Dundalk Port Company
Limits consisting of the waters of the Harbour and Bay of Dundalk between the Bridge of Dundalk and an imaginary straight line drawn from Gyles Quay to a position 270 degrees (true) distant 3.22 kilometres from Dunany Point.
Galway Harbour Company
Limits consisting of the waters of the Bay of Galway within an imaginary straight line drawn from Golan Head to the western point of the Aran Islands and thence to Hags Head, together with the docks and works of Galway Harbour Company.
New Ross Port Company
Limits consisting of the waters of the River Barrow from the junction of that river with the River Suir as high as the entrance to the canal at St. Mullins and of the River Nore as high as the Lock Quay of Innistioge.
Shannon Estuary Ports Company
Limits consisting of the waters of the sea and the River Shannon bound seawards by an imaginary straight line drawn from Loop Head in the County of Clare to Kerry Head in the County of Kerry and landwards by Mallow Street Bridge in the City of Limerick, together with the navigable waters of the tributaries connected with the said river and including all docks within this area.
Port of Waterford Company
Limits consisting of the waters of the sea and the River Suir within an imaginary arc with radius of 6.44 kilometres drawn seaward from a point midway between Falskirt Rock and Hook Point and an imaginary straight line drawn directly across the River Suir at Granny Castle.
FOURTH SCHEDULE Provisions Relating to Compulsory Acquisition
(1) Where a company (hereafter in this Schedule referred to as “the company”) proposes to acquire any land or any interest in or right over land under section 16 the company shall apply to the Minister for an order under paragraph 2 authorising the company to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.
(2) The company shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the property concerned and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.
(3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the property concerned that they have a right to lodge with the Minister within 1 month of the making of the application by the company an objection to the making of an order under paragraph 2 in relation to the property and shall specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.
(4) The Minister shall consider and determine any objection to the application of the company lodged with him or her within the period referred to in subparagraph (3) and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto.
The Minister shall, where no objection to the application of the company is lodged with him or her within the period referred to in paragraph 1 (3) or any such objection is rejected by him or her, make an order (hereafter in this Schedule referred to as an “acquisition order”) authorising the company to acquire the property concerned compulsorily in accordance with the terms of its application or subject to such modifications, if any, as he or she may determine and specifies in the acquisition order.
(1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.
(2) The company shall not—
(a) enter on or take possession of any land under this paragraph without giving to the occupier of the land at least 1 month's previous notice in writing of its intention so to do,
(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least 1 month's previous notice in writing of its intention so to do.
(1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him or her at his or her usual or last known address.
(2) Where, for any reason, the envelope cannot be so addressed, it may be adressed to the person for whom it is intended in either of the following ways—
(a) by the description “the occupier” without stating his or her name,
(b) at the land to which the notice relates.
(1) The company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.
(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.
(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.
(4) The maps, plans and books of reference shall be deposited at such place or places as the company, with the consent of the Minister, considers suitable and shall remain so deposited for at least 1 month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and public holidays.
(1) The amount of the price to be paid by the company for any land acquired pursuant to an acquisition order to the several persons entitled thereto or having estates or interests therein or for any right acquired pursuant to an acquisition order to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and, subject to paragraphs 7 and 8, to the conveyance to the company of the land or right acquired, and for the purpose of the application of the said provisions the company shall be deemed to be the promoters of the undertaking.
(1) Where the company has entered on and taken possession of land in accordance with paragraph 3 and the Minister is satisfied that—
(a) the several interests in the land have not been conveyed or transferred to the company,
(b) it is urgently necessary, in connection with the purposes for which the company has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and
(c) the company has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable the company to make a proper offer for such interest,
then the Minister may make an order (hereafter in this Schedule referred to as a “vesting order”) vesting the land in the company.
(2) Where the Minister or the company, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or the company, as the case may be, shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.
(3) When a vesting order has been made, the company shall within 7 days after having received notification by the Minister of the making of the order—
(a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and
(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.
(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it relates and it shall be expressed and shall operate to vest the said land in the company in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date not earlier than 21 days after the making of the vesting order.
(2) Notwithstanding anything in subparagraph (1), where the company has acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or the Commissioners of Public Works in Ireland, the company shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Irish Land Commission or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the company by the owner thereof on that date.
(3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the company to be registered as owner of the land in accordance with the order.
FIFTH SCHEDULE Election of Employee Directors
(1) The Secretary of the company (or a person selected by him or her after consultation with representatives of the employees) shall be the returning officer for an election of a person or persons for the purposes of paragraph (a) or (b) of section 30 (1) (hereafter in this Schedule referred to as “the election”).
(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.
(3) The returning officer may delegate to a person such of his or her functions under this Schedule as he or she specifies and functions so delegated to a person shall be performable by that person. Subparagraph (2) shall apply to such a person.
(1) A poll shall be conducted for the purposes of the election where the number of candidates standing nominated in accordance with this Schedule exceeds the number of offices of director to be filled.
(2) Voting at the election shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.
(3) The election shall be held in accordance with such procedures (if any) as may be prescribed.
(4) The returning officer shall appoint such number of persons as he or she thinks appropriate to perform the functions of presiding officers and polling clerks at the poll conducted for the purposes of the election.
(1) The returning officer shall fix the nomination day for candidates at the election and give notice of the election not later than 10 weeks before that day.
(2) The day to be fixed under subparagraph (1) shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates at the election is determined in accordance with paragraphs 10 and 11, respectively.
(1) The returning officer shall, where only one or two persons stand nominated as a candidate or candidates in accordance with this Schedule for election to an office of director referred to in section 30 (1) (a), declare that person or, as the case may be, each of those persons to be elected to such an office.
(2) The returning officer shall, where only one person stands nominated as a candidate in accordance with this Schedule for election to the office of director referred to in section 30 (1) (b), declare that person to be elected to that office.
If the nomination of candidates or the poll conducted for the purposes of the election is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll.
On receipt of a notification from the returning officer of the name of the candidate or candidates elected, or declared to be elected under paragraph 4, the Minister shall, in accordance with section 30, appoint the candidate or, as the case may be, each of the candidates to be a director of the company.
The returning officer shall for the purposes of paragraph 8 prepare a list of the names of the other candidates at the election placed in order of the votes credited to each of them at the last count in which he or she was involved.
In choosing a person to fill a casual vacancy referred to in section 30 (3) the Minister shall select the candidate, if any, placed highest on the voting list under paragraph 7 who is an employee of the company at the time the vacancy comes to be filled. Where two or more such candidates are credited with an equal number of votes on the said list the Minister shall select one of them by lot.
The company shall bear the costs of holding the election other than any costs incurred by candidates expressly on their own behalf.
Every employee of the company who, on the day specified by the returning officer and on the day on which the poll is taken—
(a) is not less than 18 years of age, and
(b) has been an employee of the company for—
(i) a continuous period of not less than 1 year, or
(ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the company,
shall be entitled to vote at the election.
(1) Every employee of the company who, on the day specified by the returning officer under paragraph 10—
(a) is not less than 18 years of age, and
(b) has been an employee of the company for—
(i) a continuous period of not less than 1 year, or
(ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the company,
shall be eligible to be nominated as a candidate at the election.
(2) Nominations shall be made in the manner specified by the returning officer.
(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.
(4) The returning officer shall rule on the validity of nominations. The decision of the returning officer shall be final.
Prior service (for a continuous period ending on the relevant vesting day) with a harbour authority or in the Department of the Marine (as the case may be) of staff transferred under section 38 to the company on the said day shall be reckonable as service with the company for the purposes of paragraphs 10 and 11.
The returning officer shall prepare and maintain a list of eligible voters and candidates for the purposes of this Schedule.
The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this Schedule.
SIXTH SCHEDULE Purposes for which Bye-Laws may be made under Sections 42 and 71
Harbour Bye-Laws
General
Regulating the use of the harbour or any docks, graving docks or quays within the harbour.
Regulating the exercise of the powers of the harbour master.
Regulating the admission of ships into the harbour or the vicinity thereof and their removal therefrom, and providing for the good order and government of ships while within the harbour.
Regulating the shipping and unshipping, loading, warehousing, stowing, depositing and removal of goods within the harbour.
Regulating the hours during which the gates of or entrances or outlets to any docks or quays within the harbour shall be open.
Regulating the duties and conduct of all persons (including the staff of the company but not members of the Garda Síochána or officers of any Minister of the Government acting in exercise of their duty) employed within the harbour.
Regulating the use of fires and lights within the harbour and in any ships lying within the harbour and preventing damage or injury to ships or goods within the harbour or in any premises of the company.
Regulating the use of cranes, weighbridges, weights and measures belonging to the company.
Preventing obstructions of any kind or interference with traffic within the harbour or on any of the property of the company.
Navigation
Providing that the master of a ship within the harbour shall regulate the ship according to the directions of the harbour master.
Providing that before a ship enters any docks or graving docks or approaches any quays within the harbour, the master of the ship shall cause the ship to be dismantled as directed by the harbour master.
Requiring ships entering into or departing from the harbour to keep to the proper and usual side of any navigable channel.
Regulating the rate of speed of ships within the harbour or within any specified portion of the harbour or in any special circumstances, requiring ships to stop or slow their engines at specified times or places and regulating the taking on board, landing or putting down of passengers.
Regulating the towing of ships within the harbour, the size and number of ships to be towed in one train by one or more than one tugboat, the speed at which the tugboats shall proceed (whether towing or not), the order and manner in which the towage shall be given and the duties and conduct of persons employed in or on the tugboats.
Regulating the berthing and removing of ships lying within any part of the harbour and regulating the conduct and behaviour of boatmen, stevedores and others employed at or resorting to the harbour, whether in the employment of the company or not.
Specifying the times and conditions under which ships may be swung or wound within the harbour and preventing other ships from casting loose or from passing up or down any navigable channel or other place within the harbour while any ship is in the act of swinging or winding.
Requiring ships that may happen to take the ground in a navigable channel within the harbour to adopt and exercise all reasonable precautions by the stationing of a lookout, the use of flags and otherwise to the satisfaction of the harbour master or as may be specified.
Requiring the master of a ship casting anchor within the harbour to cause a buoy to be fastened forthwith to the anchor in such manner that it may be plainly seen where the anchor has been cast.
Control of Harbour, etc.
Preventing and removing obstructions or impediments in or on docks, quays, works and roadways within the harbour.
Regulating the moving of persons, vehicular traffic and animals along any quays or docks within the harbour.
Requiring the master of a ship within the harbour to moor, unmoor, place or remove the ship according to the directions of the harbour master, or if there be no person on board the ship to attend to such directions, to authorise the harbour master to cause the ship to be moored, unmoored, placed or removed as he or she thinks fit.
Providing that a ship, except with the permission of the harbour master, shall not lie or be moored in the entance to the harbour or any dock or graving dock within the harbour.
Providing that a ship within the harbour shall, when so required by the harbour master, have substantial towlines and fasts fixed to the dolphins, booms, buoys or mooring posts.
Requiring ships loading or discharging cargoes to be furnished with such gangways, planks, hand rails and other appliances as the harbour master may consider necessary.
Providing that the master of a ship entering within the harbour for the purpose of discharging cargo shall cause the ship to be discharged as soon as conveniently may be after entry and shall, after discharging, remove the ship to such other part of the harbour as the harbour master may direct.
Requiring the master of a ship within the harbour, upon request of the harbour master, to clear the deck of the ship of any articles which may impede the delivery or loading of cargo.
Specifying how goods shall be placed on any quays or docks within the harbour.
Specifying the time during which goods may remain upon any quays or other places within the harbour and providing for the removal or disposal of goods which are not removed therefrom after the expiration of such time.
Prohibiting goods from being so placed on any quays or docks within the harbour as to interfere with the mooring or berthing of ships or so as to impede traffic.
Preventing (except with the permission of the company) the exhibition or placing in or on any land or premises of the company of any goods for sale other than such goods as may be sold or exhibited for sale under the provisions of the Merchant Shipping Acts, 1894 to 1993, or by order of the Revenue Commissioners, and other than perishable goods sold within forty-eight hours of their being landed.
Preventing unauthorised cutting, breaking or destroying of the moorings or fastenings of ships within the harbour.
Preventing unauthorised opening or shutting of swing bridges, dock gates, sluices or clows within the harbour.
Prohibiting, without the previous consent of the harbour master, the building or repairing of any boat within the harbour.
Prohibiting the wilful damaging of any of the property of the company and the recovery from any person damaging such property of the cost of making good such damage.
Prohibiting improper interference with any machinery or equipment provided by the company.
Providing that the harbour master may remove nuisances from within the harbour and may also remove therefrom idle or disorderly persons.
Specifying conditions (to be in addition to and not in derogation of the provisions of any enactment for the time being in force relating to explosives) under which explosives shall be brought, shipped, handled, deposited, kept or transported within the harbour.
Specifying conditions under which any mineral hydrocarbon light oils within the meaning of the Finance (Customs Duties) (No. 4) Act, 1931, shall be brought, shipped, handled, deposited, kept or transported within the harbour.
Specifying conditions under which cargoes of dangerous goods, oils or other chemicals or gases (other than those referred to in paragraphs 37 and 38) shall be brought, shipped, handled, deposited, kept or transported within the harbour.
Regulating the use of tramways and sidings and works connected therewith within the harbour and preventing obstruction or interference with the traffic upon or passage along such tramways or injury thereto.
Regulating the ballasting of ships within the harbour and the order and manner in which such ships shall be supplied with ballast and the discharging, removal and disposal of ballast.
Preventing the smoking, lighting or burning of tobacco or any herb or substance whatsoever in or on any ship within the harbour or in any specified place within the harbour.
Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 44.
Part II
Pilotage Bye-laws
Exempting from the requirements of sections 60 and 61 such class or classes of ship as may be defined in the bye-laws by reference to the ship's length, draught or other characteristics or the purpose for which it is being used.
Specifying the circumstances in which pilotage shall be compulsory for a ship while it is navigating in the company's pilotage district by reference to such matters as the company thinks proper.
Prescribing requirements that must be complied with by or in respect of a person who applies to the company to be employed as a pilot in its pilotage district or to be granted a pilot's licence, being requirements as to age, physical fitness, completion of an apprenticeship, length of previous service as a pilot or mariner, local knowledge, skill, character and such other matters that the company deems appropriate.
Specifying the period for which a pilot's licence granted or renewed by the company shall have effect and prescribing requirements (including requirements as to physical fitness) that must be complied with by or in respect of a person who applies to the company to have a pilot's licence renewed in his or her favour.
Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 46 or 47 by passing an examination conducted by or on behalf of the company.
Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant or renewal of a pilot's licence or an examination conducted by or on behalf of the company in connection therewith.
Prescribing the form of a pilot's licence or a warrant of appointment.
Providing generally for the regulation of pilots licensed or employed by the company, and of their apprentices, and in particular ensuring their good conduct and constant attendance to and effectual carrying out of their duties, whether at sea or on shore.
Prescribing requirements in addition to those specified in paragraphs (a), (b) and (c) of section 72 (1) that must be complied with by or in respect of a person who applies to the company for the grant of a pilotage exemption certificate.
Requiring a person who applies to the company for the renewal of a pilotage exemption certificate—
(a) to have made during the period beginning on the date on which the certificate was granted to him or her or, if the certificate has already been renewed, the date on which it was last renewed, and ending on the date of the making of the said application, not less than a specified number of visits to the company's harbour in a ship in respect of which the renewal is sought and as the person in charge thereof or in a ship of a similar class to an aforesaid ship and as the person in charge thereof,
(b) to comply with such other requirements that the company deems appropriate.
Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 52 or 53 by passing an examination conducted by or on behalf of the company.
Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant, renewal or amendment of a pilotage exemption certificate or an examination conducted by or on behalf of the company in connection therewith.
Prescribing the form of a pilotage exemption certificate.
Requiring the holder of a pilotage exemption certificate to comply with specified provisions of bye-laws made by the company for the purposes specified in paragraph 51.
Requiring the owner of a ship, the person acting in charge of which holds a pilotage exemption certificate in respect thereof, to make payments to the company or, if a pilotage agreement provides that the licensed pilots for its pilotage district shall collect and recover pilotage charges in its pilotage district and disburse such charges when collected or recovered, to the said pilots, towards the cost of defraying the expenses of ensuring the provision of pilotage services in the company's pilotage district; provided that the amount of such payments in any financial year shall not exceed such proportion as is specified by the company of the pilotage charges that would have been payable in respect of the ship to the company or the said pilots, as the case may be, in that financial year if the person in charge as aforesaid had not held a pilotage exemption certificate in respect of the ship.
Requiring the holder of a pilotage exemption certificate to make a periodical return to the company or, if the payments required by bye-laws made by the company for the purposes specified in paragraph 58 are to be made to the licensed pilots for the company's pilotage district, to the said pilots, of the pilotage services rendered by him or her as holder of such a certificate.
Specifying grounds (not being grounds related to the conduct of the holder) on which the company may suspend or revoke a pilot's licence or a pilotage exemption certificate.
Specifying circumstances in which a ship which is being moved within a harbour situate in the company's pilotage district shall be deemed for the purposes of Part IV not to be navigating in the company's pilotage district.
Providing that a specified allowance shall be payable to a pilot by the owner or master of a ship where the pilot in the course of piloting the ship is taken beyond the pilotage district for which he or she is licensed or employed.
Requiring a pilot for the company's pilotage district to produce his or her pilot's licence or warrant of appointment to the master of a ship if requested by him or her.
Prohibiting the fraudulent use of a pilot's licence or warrant of appointment.
Providing for the approval by the company of pilot boats operated by the company in its pilotage district or for the licensing by it of pilot boats operated by the licensed pilots for its pilotage district.
Requiring pilot boats, so as to be capable of being readily distinguished from other vessels—
(a) to be coloured in a specified manner,
(b) to bear a flag of a specified colour and dimensions, and
(c) to bear such other characteristics that the company deems appropriate.
Requiring that a pilot flag be displayed on a ship while it is navigating in the company's pilotage district and has on board—
(a) a pilot for the pilotage district, the terms of whose pilot's licence or warrant of appointment, as the case may be, entitles him or her to pilot the ship in the circumstances concerned, or
(b) a person who is bona fide acting as the person in charge of the ship and who holds a pilotage exemption certificate entitling him or her to pilot the ship in the circumstances concerned.
Prohibiting the fraudulent display of pilot flags or flags resembling pilot flags.
Requiring the master of a ship navigating in the company's pilotage district (not being a ship to which bye-laws made by the company for the purposes specified in paragraph 44 apply) to display a pilot signal on the ship and keep such a signal displayed until a pilot for the pilotage district comes on board the ship.
Requiring the master of a ship who seeks in respect of the ship the services of a pilot for the company's pilotage district to give an adequate estimated time of arrival or departure of the ship to the company or a licensed pilot for its pilotage district, as appropriate.
Prescribing the form of a bond referred to in section 70 (1).
Prescribing the procedures to be followed by any board that may be established by the company under section 73 (5) (“a Board of Inquiry”) as respects the conduct by it of an oral hearing under that provision.
Providing for the payment to one or more members of a Board of Inquiry as respects an oral hearing conducted by it under section 73 (5), or for the payment to one or more assessors as respects any assistance given to such a Board in that behalf by the assessor or assessors, of such expenses and allowances as are specified in, or are determined in accordance with, the bye-laws and enabling such a Board to make such order as it thinks just in relation to the payment of the legal costs and expenses of a party to a hearing aforesaid.
Enabling a taxing master of the High Court to tax any legal costs and expenses which a Board of Inquiry has ordered to be paid under bye-laws made for the purposes specified in paragraph 73.
Giving effect to a provision of a pilotage agreement in force in the company's pilotage district where the pilotage agreement provides for effect to be so given.
Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 80.
Purposes ancillary or incidental to any of the foregoing purposes.
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