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9 1946

HARBOURS ACT, 1946

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.