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9 1946

HARBOURS ACT, 1946

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.