PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1929

AN ACT TO CONFIRM THE BUNCRANA HARBOUR ORDER, 1929. [1st August, 1929.]

WHEREAS the Buncrana Harbour Order, 1929, set out in the Schedule to this Act, has been duly made by the Minister for Industry and Commerce under the General Pier and Harbour Act, 1861, and the General Pier and Harbour Act, 1861, Amendment Act, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS under the provisions of the said Acts the said Order is of no validity or force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

2 Restrictions on displacing persons of the working classes.

2.—(1) The Buncrana Harbour Commissioners (in this section referred to as the Commissioners) incorporated by the Order set out in the Schedule to this Act, shall not, in exercise of the powers conferred on them by the said Order, purchase or acquire in any local area any house or houses which, on the first day of January, one thousand nine hundred and twenty-nine, were, or have been since that date or shall hereafter be, occupied, either wholly or partially, by thirty or more persons belonging to the working class as tenants or lodgers, unless and until the Commissioners shall—

• (a) have obtained the approval of the Minister for Local Government and Public Health (in this section referred to as the Minister) to a scheme (in this section referred to as a new dwellings scheme) for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Minister shall, after inquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken, and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons and all the other circumstances of the case, and

• (b) have given security to the satisfaction of the Minister for the carrying out of such new dwellings scheme.

• (2) The approval of the Minister to any new dwellings scheme may be given either absolutely or conditionally, and after the Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modifications in such scheme.

• (3) Every new dwellings scheme shall contain provisions—

• (a) prescribing the time within which it shall be carried out;

• (b) requiring the new dwellings proposed to be provided under such scheme to conform to standards to be approved by the Minister; and

• (c) requiring such new dwellings to be completely fit for occupation before the persons residing in the houses the purchase or acquisition of which necessitated the making of such scheme are displaced.

The Minister may, if he so thinks fit, in the case of any new dwellings scheme, dispense with the insertion in such scheme of the requirements of paragraph (c) of this sub-section, and such dispensation may be granted subject to such conditions as the Minister may think proper in the circumstances.

• (4) Every provision contained in a new dwellings scheme, and every condition subject to which the Minister may have approved of such a scheme, and every modification made in any such scheme after the Minister has approved thereof, and every condition subject to which the Minister has dispensed with the requirements of paragraph (c) of the foregoing sub-section, shall be enforceable by a writ of mandamus to be obtained by the Minister out of the High Court.

• (5) If the Commissioners acquire or appropriate any house or houses for the purposes of the said Order in contravention of this section or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of a new dwellings scheme they shall be liable to a penalty of five hundred pounds in respect of every such house and such penalty shall be recoverable by the Minister by action in the High Court.

The High Court may if it so thinks fit in any action brought under this sub-section reduce the penalty imposed by this sub-section.

All moneys recovered by the Minister under this sub-section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

• (6) For the purpose of carrying out a new dwellings scheme the Commissioners may appropriate any land for the time being belonging to them or which they have power to acquire.

• (7) For the purpose of carrying out a new dwellings scheme the Commissioners may purchase such land as they may require and for the purposes of such purchase sections 202, 203 and 214 of the Public Health (Ireland) Act, 1878 as amended by any subsequent enactment shall be incorporated with the said Order and shall apply to the purchase of land by the Commissioners for the purpose of any such scheme in like manner in all respects as if the Commissioners were a sanitary authority within the meaning of the Public Health (Ireland) Act, 1878 and such scheme were one of the purposes of that Act.

• (8) The Commissioners may erect on any land belonging to them or purchased or acquired by them under the said Order or any Provisional Order made under and by virtue of any enactment hereby incorporated with the said Order such dwellings of the working classes as may be necessary for the purpose of a new dwellings scheme and may sell, demise, let or otherwise dispose of such dwellings and any land purchased or acquired as aforesaid.

• (9) All land on which any buildings have been erected or provided by the Commissioners in pursuance of a new dwellings scheme shall for a period of twenty-five years from the date of the approval of such scheme by the Minister be appropriated for the purpose of such buildings and every conveyance, lease or demise of such land made or granted from time to time during the said period shall have endorsed thereon a notice that the land comprised therein is subject to such appropriation.

The Minister may, if he so thinks fit, at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as he may prescribe.

• (10) The Commissioners may apply for all or any of the purposes of this section (being purposes to which capital is properly applicable) any moneys which they may be authorised to raise or apply for the general purposes of their undertaking.

• (11) The Minister may direct the holding of such inquiries in relation to any new dwellings scheme as he may think necessary and for the purposes of any such inquiry an inspector of the Department of Local Government and Public Health shall in relation to such inquiry have the same powers as if such inquiry were an inquiry directed by the Minister to be held by such inspector under the Public Health (Ireland) Act, 1878, as amended by any subsequent enactment.

• (12) The Commissioners shall pay to the Minister a sum, to be fixed by the Minister, in respect of the preparation and issue of a Provisional Order by him under any enactment hereby incorporated with the said Order, and also any expenses in relation to any inquiry held under this section, including the expenses of any witnesses attending such inquiry on the summons of an inspector, and a sum to be fixed by the Minister not exceeding three guineas a day as a fee to such inspector.

• (13) Any house purchased or acquired by the Commissioners for or in connection with any of the purposes of a new buildings scheme which may have been occupied by persons of the working class within five years before the passing of this Act, shall for the purposes of this section be deemed to have been acquired under the powers conferred by this section and to have been occupied on the said first day of January, 1929 by the same number of persons belonging to the working class as were occupying the said houses at the date of their purchase or acquisition.

In the event of the Minister being unable to ascertain the number of such persons occupying such house at the date of such purchase or acquisition, such house shall be deemed to have been at such date occupied by such number of persons as in the opinion of the Minister it might have been sufficient to accommodate.

• (14) In this section—

the expression “local area” means and includes an urban or rural district, a borough or a county borough;

the word “house” means any house or part of a house occupied as a separate dwelling;

the expression “the working class” means mechanics, artisans, labourers and other persons working for wages; hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons, other than domestic servants, whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them.

3 Short title.

3.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1929.

SCHEDULE. Buncrana Harbour Order, 1929.

BUNCRANA HARBOUR.

ORDER FOR APPOINTING AND INCORPORATING COMMISSIONERS FOR THE HARBOUR OF BUNCRANA IN THE COUNTY OF DONEGAL, AND VESTING THE PIER AND HARBOUR IN THEM, AND FOR THE CONSTRUCTION OF WORKS AND THE IMPROVEMENT MAINTENANCE AND REGULATION OF THE HARBOUR.

PRELIMINARY.

Short Title.

1.—This Order may be cited as the Buncrana Harbour Order, 1929.

Commencement.

2.—This Order shall come into operation upon the day when the Act confirming this Order is passed, and that day is in this Order referred to as the commencement of this Order.

Interpretation.

3.—In this Order the following words and expressions shall, unless the context otherwise requires, have the following meanings, that is to say:—

“the existing harbour” means the pier and harbour of Buncrana as existing at the commencement of this Order;

“the harbour” means and includes the existing harbour and the lands, works, premises and conveniences acquired or constructed under the provisions of this Order and the area below high water mark which is by this Order comprised within the limits of the harbour;

“the harbour revenue” means and includes the rates, charges, tolls, dues, rents and other money and receipts which may be taken or received by way of income from or in respect of the harbour under the authority of this Order;

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

“the Council” means the urban district council of Buncrana;

“the Commissioners” means the Buncrana Harbour Commissioners incorporated by this Order;

“The Harbours Clauses Act, 1847” means the Harbours Docks and Piers Clauses Act, 1847.

INCORPORATION AND CONSTITUTION OF COMMISSIONERS.

Incorporation of Harbour Commissioners.

4.—There shall be a body of Commissioners, not exceeding seven in number, to be appointed as in this Order provided, and the Commissioners and their successors are hereby incorporated by the name of the Buncrana Harbour Commissioners, and by that name shall be a body corporate, with perpetual succession and a common seal, and with power to sue and be sued, and to purchase, take, lease, hold and dispose of land and other property for the purposes and subject to the provisions and restrictions of this Order.

Undertakers.

5.—The Commissioners shall be the Undertakers for carrying this Order into execution.

First Commissioners.

6.—(1) The first Commissioners shall be the following persons, namely:—four persons who shall be appointed by the Minister as soon as may be after the commencement of this Order and three persons who shall be appointed by the Council from among the members of the Council as soon as may be after the commencement of this Order.

• (2) The Clerk to the Council shall report to the Minister the names of the persons appointed as Commissioners by the Council under this section.

Appointment and succession of Commissioners.

7.—The appointment and succession of Commissioners after the first Commissioners shall be regulated as follows:—

• (i) The Minister shall appoint four persons to be Commissioners, and whenever a vacancy is caused by death, resignation or otherwise in the office of any of such Commissioners, shall appoint another person to fill the vacancy, and so on toties quoties.

• (ii) The Council shall appoint from among the members of the Council three persons to be Commissioners, and whenever a vacancy is caused by death, resignation or otherwise in the office of any of such Commissioners, shall appoint from among the members of the Council another person to fill the vacancy, and so on toties quoties.

• (iii) Any Commissioner appointed by the Council who ceases to be a member of the Council shall cease to be a Commissioner, and the Council shall appoint from amongst the members of the Council another person to fill the vacancy.

• (iv) The Clerk to the Council shall report to the Commissioners the names of the persons appointed as Commissioners by the Council.

• (v) Any Commissioner may resign at any time upon giving not less than three weeks' notice in writing of his resignation to the Commissioners or their Secretary.

• (vi) The first Commissioners shall go out of office on the first Thursday in September, in the third year following the passing of the Act confirming this Order, and each succeeding body of Commissioners shall go out of office in successive periods of three years each, terminating in each case on the first Thursday in September.

• (vii) In case of any vacancy in the office of Commissioner by reason of failure to make a valid appointment, or of any Commissioner refusing to accept office or dying, or resigning or becoming incapable or incompetent to act, or ceasing to be a Commissioner from any cause other than going out of office in the regular course, the persons or person entitled to appoint such Commissioner shall, as soon as may be thereafter, appoint a person to fill any such vacancy, and the Commissioner so appointed shall continue in office for the same period as the person whose vacancy he fills would in ordinary course have continued in office, and shall go out of office at the same time.

• (viii) All Commissioners going out of office shall be eligible for re-appointment.

• (ix) Notwithstanding any vacancy or vacancies in the office of Commissioner the Commissioners for the time being shall be competent to act, and all their proceedings shall be as legal and valid as if no vacancy existed, and on the expiration of the term of office of any Commissioner they shall continue competent to act until their successors are elected and come into office.

• (x) Any Commissioner who shall for any reason other than ill-health at any time fail to attend six consecutive meetings of the Commissioners shall cease to be a Commissioner and his office shall be deemed to be vacant, and the vacancy so caused shall thereupon be filled by the Minister or the Council, as the case may be, in accordance with the provisions of this Order.

Incorporation of Commissioners Clauses Act.

8.—The Commissioners Clauses Act, 1847 (except sections 17 to 35, 54, 84 and 90 to 97), so far as not varied by, or inconsistent with this Order, shall be, and the same is hereby incorporated with this Order, and shall, so far as the nature and circumstances of the case will admit, apply to the Commissioners collectively and severally, subject to the following provisions:—

• (i) The prescribed number constituting a quorum of the Commissioners shall be three;

• (ii) The first meeting of the Commissioners shall be held within one month after the commencement of this Order;

• (iii) The annual meeting of the Commissioners shall be held at such time and place in the month of April as may be fixed by the Commissioners;

• (iv) The Secretary to the Commissioners on requisition in writing being made to him of the object of the intended meeting and signed by the Chairman or any of the Commissioners shall cause a special meeting to be called within forty-eight hours and to be held within seven days after the receipt of such requisition.

VESTING OF THE EXISTING HARBOUR IN THE COMMISSIONERS.

Transfer of existing Harbour to the Commissioners.

9.—From and after the commencement of this Order—

• (a) The provisions of the Grand Jury (Ireland) Act, 1853, in so far as the same apply to the existing harbour, shall cease and determine.

• (b) All the estate and interest of the County Council of the County of Donegal in the existing harbour and all the plant and property thereof within such harbour and appertaining thereto shall be and the same are hereby vested in the Commissioners free from all charges and incumbrances and may be lawfully held used and enjoyed by the Commissioners for the purposes of this Order.

• (c) The County Council of Donegal shall as soon as may be after the commencement of this Order furnish to the Minister a statement of all the debts and other moneys owing to them in respect of the existing harbour and of all the debts and liabilities owing by them in respect of the same at the commencement of this Order and the Minister shall determine the amount (if any) which the said County Council shall pay to the Commissioners in respect of such debts and other moneys owing to the County Council and the amount (if any) which the Commissioners shall pay to the County Council in respect of such debts and liabilities owing by the County Council and such determination of the Minister shall be final; Provided that nothing in this sub-section contained shall affect the primary liability of all persons owing such debts and other moneys to the County Council or the primary liability of the County Council for all such debts and liabilities owing by them.

• (d) Any amount determined by the Minister under the preceding paragraph of this section to be payable to the Commissioners or to the County Council shall be recoverable as a civil debt by the Commissioners or the County Council, as the case may be.

• (e) The care, management and maintenance of the existing harbour shall be vested in the Commissioners, and the same and all other works constructed or lands acquired under this Order shall thereafter be maintained, repaired, regulated and improved by the Commissioners under the authority and subject to the provisions of this Order.

LIMITS.

Limits of Harbour.

10.—The limits within which the Commissioners shall have authority and within which the powers of the harbour master may be exercised, and which shall be deemed to be the limits to which this Order, and the power to levy and collect rates tolls and charges as authorised by this Order, extend, shall be the existing harbour, together with the works and lands authorised by or acquired under this Order, and a further area below high water mark lying within a distance of 330 yards measured from any part of the pier lands or works of the said existing harbour and the works and lands authorised by or acquired under this Order.

ACQUISITION OF LANDS.

Incorporation of Lands Clauses Acts.

11.—The Lands Clauses Acts (except so much thereof as relates to the purchase and taking of lands otherwise than by agreement and to the entering upon lands by the promoters of the undertaking) are hereby incorporated with this Order, and for the purposes of that incorporation the term “Special Act” in those Acts shall mean this Order.

Power to take lands by agreement.

12.—For the purposes of the works authorised by this Order the Commissioners may from time to time by agreement enter on, take and use all or such parts of the lands shown on the plan deposited for the purposes of this Order as the Commissioners may think requisite for the purposes of such works.

Lands for extraordinary purposes.

13.—The Commissioners may (in addition to the lands by the preceding section authorised to be taken by them) by agreement purchase, lease, acquire and hold for the purpose of beaching boats or for extraordinary purposes connected with the undertaking any lands not exceeding in the whole one acre, but nothing in this section shall exempt the Commissioners from any proceedings for nuisance caused or permitted by them on land acquired by them under the powers conferred by this section.

Power to take easements by agreement.

14.—Persons empowered by the Lands Clauses Acts to sell and convey or release lands may if they think fit, subject to the provisions of those Acts and this Order, grant to the Commissioners any easement, right or privilege (not being an easement, right or privilege of water in which other persons than the grantors have an interest) required for the purposes of this Order in over or affecting any such lands and the provisions of the said Acts with respect to lands and rent charges so far as the same are applicable in this behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively.

WORKS AND POWERS.

Power to construct works.

15.—Subject to the provisions of this Order and subject also to such alterations (if any) in the plan and sections deposited with reference to this Order as the Minister may require before completion of the works the Commissioners may on the lands belonging to them or acquired under this Order and in the lines and according to the levels shown on the deposited plan and sections make and maintain the works authorised by the Order.

Description of works.

16.—The works authorised by this Order are:—

• (a) The reconstruction of the timber work of the existing pier and the construction of a new wharf to the northeast of the existing pier with necessary approaches thereto situate in the harbour and tidal waters of Buncrana in the townlands of Ardravan and Bally macarry Lower in the parish of Lower Fahan Barony of Innishowen W. and County of Donegal and the sea adjoining thereto.

• (b) The erection of sheds for the storage of merchandise, the construction of stations and other premises for fishery purposes, and the erection of cranes for the loading and unloading of vessels and boats.

Power to improve and maintain works.

17.—Subject to the provisions of this Order the Commissioners may maintain, and from time to time alter and improve, the works authorised by this Order, and in connection with such works may construct, alter, improve and renew embankments, excavations, landing-places, piers, quays, jetties, slips, wharves, beaches for hauling boats, buoys, moorings, lights, beacons, roads, sewers, drains, water-courses, gas and water pipes, electric mains, lighting apparatus and other works and conveniences which may be found necessary for the accommodation of vessels and traffic, and may also from time to time lay down and maintain rails, tramways sidings and turn-tables on and along the works and land connected therewith, and may take down or remove portions of the works and may provide motive power for tramways.

For protection of telegraphs.

18.—Any electric lighting or other apparatus constructed and provided under this Order shall be so constructed, used and worked as to prevent any interference with telegraphic communication by means of any telegraphic line belonging to or used by the Minister for Posts and Telegraphs.

Consent of Minister for Industry and Commerce to certain works.

19.—(1) Where any of the works authorised by this Order is to be constructed on over or under tidal lands below high water mark of ordinary spring tides the construction thereof shall be subject to the consent of the Minister, and every such work to be so constructed as aforesaid shall be constructed in accordance with such plans and sections as the Minister may approve and subject to such restrictions (if any) and regulations as the Minister shall, prior to the commencement of the work, prescribe.

• (2) Every alteration in or extension of any such work as aforesaid shall be subject to the consent of the Minister, and shall be made in accordance with plans and sections approved by him.

• (3) Where any such work as aforesaid—

• (a) is commenced without the consent of the Minister or

• (b) is constructed in a manner not in accordance in all respects with the plans and sections approved by the Minister for the construction of that work or

• (c) is altered or extended in a manner not in accordance in all respects with the plans and sections approved by the Minister for the alteration or extension of such work

the Minister may at the cost of the Commissioners remove such work or any part thereof or any extension thereof so made as aforesaid and the amount of such cost shall be a debt due by the Commissioners to the Minister and shall be recoverable by him as a civil debt.

Power to Minister to make surveys, etc.

20.—The Minister may at any time at the cost of the Commissioners make a survey and inspection—

• (a) of the intended site of any of the works authorised by this Order or

• (b) of any of the works authorised by this Order

and the amount of any such cost shall be a debt due by the Commissioners to the Minister and shall be recoverable by him as a civil debt.

Power to Minister to remove abandoned or decayed works.

21.—(1) Where any of the works authorised by this Order constructed on in over through or across any tidal lands or tidal water is abandoned by the Commissioners or allowed by them to fall into decay the Minister may at the cost of the Commissioners—

• (a) remove such work or any part thereof and

• (b) restore the site thereof to its condition prior to the construction of such work thereon.

• (2) The amount of any such cost as aforesaid shall be a debt due by the Commissioners to the Minister and shall be recoverable by him as a civil debt.

Penalty for obstructing works.

22.—Any person who wilfully obstructs any person acting under the authority of the Commissioners in setting out the lines of the works authorised by this Order or who pulls up or removes any poles or stakes driven into the ground for the purpose of setting out the lines of those works shall for every offence be liable to a penalty not exceeding five pounds.

Powers to cease in certain events.

23.—(1) If within two years after the commencement of this Order the works authorised by this Order are not substantially commenced, the powers given by this Order for executing those works or otherwise in relation thereto shall cease unless the time for the commencement of those works be extended by the special direction of the Minister.

• (2) If the works authorised by this Order, after having been substantially commenced, are virtually suspended for twelve consecutive months, the powers by this Order given for executing those works or otherwise in relation thereto shall cease, except as to so much of those works as has then been completed unless those powers are, by the special direction of the Minister, continued and directed to remain in force for any period not exceeding five years from the commencement of this Order.

• (3) In either of the above cases a certificate from the Minister to the effect that the works have not been substantially commenced or that they have been virtually suspended for twelve consecutive months shall, for the purposes of this Order, be conclusive evidence of the facts stated in such certificate.

• (4) The works authorised by this Order shall be completed within five years from the commencement of this Order.

Power to dredge.

24.—(1) The Commissioners may deepen, dredge, scour and excavate any portion of the foreshore and bed of the sea and any portion of the Mill River that is within the limits of the harbour to the extent necessary to secure a sufficient waterway and approach to the harbour for vessels using the same.

• (2) All sand, mud and other materials dredged up or removed for the purposes and to the extent aforesaid, and which is not the property of the State, shall be the property of the Commissioners, and they may sell or otherwise dispose of or remove or deposit the same as they think fit: Provided that no sand, mud or other material shall be laid down or deposited in any place below high water mark without the consent in writing of the Minister having first been obtained.

• (3) Nothing in this section contained shall be deemed to authorise the Commissioners to sell or otherwise dispose of any sand, mud or other materials which is the property of the State, but they may remove or deposit the same in manner approved by the Minister.

• (4) All money arising from any sale or other disposition of sand, mud and other materials under this section after payment of the expenses connected therewith shall be applied in the same manner as the harbour revenue under this Order is to be applied.

Power to purchase or hire dredgers, etc.

25.—The Commissioners may, for the purposes of this Order, provide, purchase, lease, hire and use such steam or other dredgers, eroders, engines, tugs, lighters, vessels, machinery and apparatus as they think necessary and may demand and receive such reasonable sums for the use of the same as they may think fit or may sell or dispose of the same: Provided that the Commissioners shall not purchase any dredger or sell or dispose of the same or apply to any purpose the proceeds of any such sale without the consent in writing of the Minister being first had and obtained.

Power to construct warehouses, etc.

26.—The Commissioners may, subject to the provisions of this Order, purchase, lease, construct and maintain any houses, warehouses, offices, sheds, weighing machines, cranes and other works, buildings and conveniences which may be found necessary or desirable in connection with the harbour for the accommodation of vessels using the harbour and traffic landed at or embarked from the same and the convenient working thereof.

Bye-laws.

27.—(1) The bye-laws which may from time to time be made by the Commissioners in exercise of the power in that behalf conferred on them by section 83 of the Harbours Clauses Act, 1847 may provide for imposing a penalty not exceeding forty shillings for the breach or non-observance of any of the bye-laws.

• (2) No bye-law shall come into operation until it has received the confirmation of the Minister and that confirmation shall be sufficient for all purposes.

• (3) Sections 84 and 85 of the Harbours Clauses Act, 1847 shall not be incorporated with this Order.

RATES.

Power to levy rates in existing harbour.

28.—From the commencement of this Order the Commissioners may subject and according to the provisions of this Order demand recover and receive in respect of vessels animals fish goods matters and things and services rendered in the existing harbour any sums not exceeding the rates specified in the Schedule to this Order.

Certificate of completion of the works authorised by this Order.

29.—For the purposes of evidence of the completion of the works authorised by this Order a certificate under the seal of the Commissioners of Public Works in Ireland shall be substituted for the certificate under the hand of the Chairman of the Quarter Sessions under section 26 of the Harbours Clauses Act, 1847.

Power to levy rates for new works.

30.—When in addition to the certificate to be granted under section 26 of the Harbours Clauses Act, 1847 a certificate has been obtained from the Minister that all consents and approvals on the part of the Minister required under this Order or otherwise necessary to the due construction of the works authorised by this Order have been given the Commissioners may subject and according to the provisions of this Order demand recover and receive in respect of vessels animals fish goods matters and things and services rendered at the said works any sums not exceeding the rates specified in the Schedule to this Order.

Rates may be levied though works not complete.

31.—If it is at any time certified in writing under the hand of an officer to be appointed for the purpose by the Minister but to be paid by the Commissioners that the works authorised by this Order have been so far completed as to afford accommodation for the shipping and unshipping of goods by means of such works the Commissioners may notwithstanding section 25 of the Harbours Clauses Act, 1847 and although the whole of the works authorised by this Order have not then been completed demand recover and receive such of the rates or such proportion of all or any of the rates specified in the Schedule to this Order as shall in the opinion of the Minister be commensurate with the accommodation afforded.

Minister may revise rates.

32.—(1) If at any time it appears to the Minister:—

• (a) from an application made to him in writing by the Commissioners; or

• (b) from representations made to him in writing by any representative body of traders or any firm or person who in the opinion of the Minister is a proper person for the purpose; or

• (c) for any other reason;

that in the circumstances then existing all or any of the rates dues tolls or charges specified in the Schedule to this Order should be revised modified or omitted or that the said Schedule should be extended by the addition thereto of further rates dues tolls or charges the Minister may whether by way of increase or decrease and notwithstanding any statutory or other limitation existing if he thinks fit at any time make an Order revising modifying or omitting all or any of such rates dues tolls or charges as aforesaid or the basis on which such rates dues tolls or charges are levied or extending the said Schedule by the addition thereto of further rates dues tolls or charges and may fix the date as from which such Order shall take effect and thenceforth such Order shall be observed until the same expires or is revoked or modified by a further Order of the Minister made in pursuance of this section.

Power to confer vary and extinguish exemptions and compound for rates.

33.—The Commissioners may, with the consent of the Minister in writing first had and obtained, confer vary or extinguish exemptions from and compound with any person with respect to the payment of rates or charges authorised by this Order, but so that no preference be in any case given to any person over any other person using the harbour or the works under the like circumstances and that anything done under this section shall not prejudice the other provisions of this Order.

Rates for warehouses, etc.

34.—The Commissioners may (so far as the rates specified in the Schedule to this Order do not extend) demand and recover such reasonable rates or other consideration as they may determine for the use of any warehouses, sheds, buildings, yards, weighing machines, mooring posts, cranes, buoys, works and conveniences belonging to or provided by the Commissioners or in respect of any services rendered by them in connection with the harbour or the works: Provided that no undue preference shall be given to any person in respect of the user or occupation of any warehouses, sheds, buildings, yards, weighing machines, mooring posts, cranes, buoys, works and conveniences aforesaid, and that the same rates, rents or charges shall be made to all persons in respect of the same accommodation, services or conveniences under the same conditions.

Provisions as to register tonnage of steam vessels.

35.—The register tonnage of steam vessels (other than fishing vessels and steam tugs) shall for the purpose of levying tonnage rates under this Order be deemed to be the actual net register tonnage or fifty per cent. of the gross tonnage whichever is the greater.

Collection of Rates.

36.—(1) The tonnage rates on vessels leviable by the Commissioners under this Order shall be payable by the master or owner.

• (2) The rates on animals, fish and goods shipped or unshipped or transhipped leviable by the Commissioners under this Order shall, save as otherwise provided by this Order or the Schedule thereto be payable by the owner of the goods and be a lien thereon.

• (3) The rates, dues, tolls and charges leviable by the Commissioners shall at all times be charged equally to all persons in respect of the same class or description of vessels and goods and shall be payable to the Commissioners or to such person as may be duly authorised by the Commissioners to receive the same at their office at Buncrana or at such other place as the Commissioners may appoint.

Anchoring of vessels within harbour.

37.—No vessel shall, without the consent of the Commissioners or their harbour-master, anchor within the harbour.

Master of fishing vessel to report take of fish.

38.—(1) The master or owner of every vessel or boat (not being a pleasure boat) with a take or cargo of fish shall, on the arrival of the vessel within the harbour, furnish to the collector of rates or the harbour-master, a true and correct statement of his take or cargo of fish and the name of any person obtaining delivery thereof.

• (2) If the master or owner of a vessel fails to comply with this section he shall for each offence be liable to a penalty not exceeding ten pounds.

Harbour-Master may prevent sailing of vessels.

39.—The harbour-master may prevent the removal or sailing from within the harbour of any vessel in respect of which or of the goods imported or exported therein any rates are payable until evidence shall have been produced to him of the payment of those rates to the collector of rates and in the case of a vessel with a take or cargo of fish until the master or owner of the vessel has given in a statement of his take or cargo of fish as required by this Order.

Certain fishing vessels under stress of weather exempt from rates.

40.—Fishing vessels belonging to countries with which for the time being treaties exist exempting from dues and port charges those vessels when forced by stress of weather to seek shelter in the ports or on the coasts of Saorstát Eireann shall when forced by stress of weather to make use of the harbour and not breaking bulk while making use thereof be exempt from rates leviable under this Order.

Exemptions and savings for Government Departments.

41.—Sections 28 and 99 of the Harbours Clauses Act, 1847 as incorporated with this Order shall apply to and for the benefit of any Government Department in the same manner as they apply to and for the benefit of the Government Departments specially named in those sections.

Exemption of lifeboat crew.

42.—All persons going to or returning from any lifeboat or using any apparatus for saving life and being persons either belonging to the crew of the lifeboat or being persons for the time being actually employed in saving life or in exercising or using the lifeboat or the apparatus for saving life and all persons brought ashore from any vessel in distress shall at all times have free ingress passage and egress to along and from the harbour and the works.

FINANCE.

Power to borrow.

43.—The Commissioners may with the consent in writing of the Minister, first had and obtained, from time to time borrow on mortgage such moneys as may be required for the purposes of this Order on the security of the rates dues tolls and charges by this Order authorised to be levied.

Application of moneys borrowed.

44.—All moneys borrowed by the Commissioners under this Order shall be applied in and towards the purposes of this Order.

Payment of moneys borrowed.

45.—The Commissioners shall pay off all moneys borrowed by them under this Order in the manner following that is to say:—

• (a) in the case of any moneys advanced to the Commissioners out of public funds within such a period, upon such terms and conditions, and in such a manner as the Minister with the approval of the Minister for Finance may direct; and

• (b) in the case of any other moneys advanced within such a period, upon such terms and conditions, and in such manner as the Minister may direct.

Protection of lenders.

46.—Any person advancing money to the Commissioners shall not be bound to require any further or other evidence of the power of the Commissioners to borrow the money advanced by such person than such as is afforded—

• (a) by a certificate signed by the clerk or secretary to the Commissioners and two of the Commissioners that the Commissioners are not exceeding the powers of borrowing conferred on them by this Order and

• (b) by an inspection of the register of mortgages by section 76 of the Commissioners Clauses Act, 1847 required to be kept by the Commissioners.

Proceeds of sale of surplus lands to be treated as capital.

47.—The proceeds of sale of any surplus lands of the Commissioners under the powers of this Order and all other moneys received on capital account, not being borrowed moneys nor moneys received as a grant in aid of the construction of the works by this Order authorised, shall be distinguished as capital in the accounts of the Commissioners and shall be applied in discharge of moneys borrowed by the Commissioners under this Order.

Appointment of a receiver.

48.—(1) The holders of any security given in respect of money borrowed under this Order may enforce payment of arrears of interest or principal or principal and interest due on their securities by the appointment of a receiver.

• (2) In order to authorise the appointment of a receiver in respect of arrears of principal or principal and interest the amount owing to the mortgagees by whom the application for a receiver is made shall not be less than five hundred pounds in the whole.

Same person may be Clerk and Treasurer.

49.—Notwithstanding anything in the Commissioners Clauses Act, 1847 contained the same person may be both the Clerk or Secretary and the Treasurer to the Commissioners.

Contingency fund.

50.—The Commissioners may if they think fit and with the consent in writing of the Minister first had and obtained for the purpose of forming and maintaining a contingency fund to meet any extraordinary claim or demand or any unforeseen accident or extraordinary damage which may happen or be caused to the works appropriate and set apart subject to the provisions of this Order as to application of revenue any amount which they think fit out of the revenue received under this Order and shall deposit any such amount in some joint stock bank or bank operating under a Charter to be increased by accumulation in the way of compound interest or otherwise or shall invest the same in securities upon which trust moneys may be invested until required for any of the purposes aforesaid.

Application of harbour revenue.

51.—The revenue received from the rates dues tolls and charges authorised by this Order to be levied shall be applicable for the purposes and in the order following and not otherwise:—

• (1) In payment of the expense properly chargeable to revenue of the maintenance repair and management of the undertaking and all conveniences connected therewith.

• (2) In payment of moneys borrowed in the manner to be directed under section 45 of this Order relating to payment of moneys borrowed.

• (3) In making such payments (if any) as the Commissioners think fit into a contingency fund established under the provisions of this Order.

The surplus (if any) after providing for the purposes aforesaid shall be applied by the Commissioners in such manner as they shall determine with the approval of the Minister.

Power to Buncrana Urban District Council to exercise powers of rating authority under the Public Works Loans Act, 1882.

52.—(1) The Council being a rating authority as defined by section 7 of the Public Works Loans Act, 1882 may, subject to the provisions of this Order, for the purpose of aiding the Commissioners in borrowing from the Minister any money authorised by this Order to be borrowed, or any part thereof, exercise the powers given by sub-section (1) of the said section for guaranteeing the principal and interest of such loan from the Minister.

• (2) The Council shall not exercise the power of guaranteeing as aforesaid save in pursuance of a special resolution to that effect, such special resolution to be passed at one meeting of the Council and published once at least in two successive weeks in a local newspaper circulating in the urban district of Buncrana and confirmed at a second meeting of the Council to be held not less than fourteen days after the first publication of such resolution and not less than three months after the meeting at which the resolution was passed.

• (3) In the event of a special resolution being duly passed published and confirmed as aforesaid the principal and interest of any loan raised from the Minister by the Commissioners under this Order and in pursuance of and in accordance with such resolution shall be charged by way of guarantee on the rates of the urban district of Buncrana.

• (4) If in any year so long as any guarantee of the Council under this Order is in force the harbour revenue is insufficient to provide for the repayment in the manner to be directed under section 45 of this Order relating to payment of moneys borrowed of any loan raised by the Commissioners from the Minister the Commissioners shall by writing under the hand of their Clerk or Secretary claim payment from the Council of such sum as they shall deem to be the amount of such deficiency. Such amount when paid to the Commissioners shall be applied by them in meeting the actual deficiency and for no other purpose, and if there is any surplus of such amount after paying the actual deficiency such surplus shall be repaid to the Council.

• (5) If the Council make default in fulfilling their guarantee in the manner by this Order provided the Commissioners may recover the amount due thereunder as a simple contract debt by action in any court of competent jurisdiction or the Minister may either on the application of the Commissioners or without such application order the Council to remedy their default and such order may on the application of the Minister or of the Commissioners be made a rule of the High Court of Justice.

• (6) All sums paid by the Council in fulfilment of their guarantee shall be repaid by the Commissioners to the Council with interest at the rate of three and a half per centum per annum from the date of payment as soon as the resources of the Commissioners will admit and any doubt or difference as to the time or amount of any such payment shall on the application of the Council be settled by an arbitrator to be appointed by the Minister.

• (7) All the money repaid by the Commissioners pursuant to the foregoing sub-section shall be carried to the credit of the fund or rate out of which any payments have been made by the Council on account of their guarantee.

• (8) The Council shall provide out of the rates of the urban district of Buncrana any sums from time to time required for the fulfilment of their guarantee and shall from time to time raise and levy as part of the said rates such sums as may be necessary for that purpose.

• (9) Notwithstanding anything contained in the foregoing sub-section where the Council satisfies the Minister for Local Government and Public Health that the raising by means of the rates of the urban district of Buncrana of any sums required for the fulfilment of the guarantee of the Council would impose an undue burden upon the ratepayers of the said urban district, the Council may, subject to the sanction of the said Minister, borrow on the security of such fund or rate as the said Minister may approve or direct, any moneys that may be required for the fulfilment of the guarantee of the Council.

Accounts.

53.—(1) The Commissioners shall prepare accounts in such form and including such particulars as the Minister may from time to time direct, and shall prepare such accounts to cover the period from the commencement of this Order to the succeeding 31st day of March and thenceforward in respect of each year ending on the 31st day of March.

• (2) The accounts to be kept under this section shall be open to the inspection of the public at all reasonable hours on payment of a sum of one shilling for every such inspection.

• (3) The Commissioners shall within two months after the 31st day of March in each year or within twenty-one days next after the completion of the audit of accounts whichever may be the longer period send to the Minister two copies of the audited accounts to be kept under this section.

• (4) If and whenever the Commissioners fail to send two copies of the audited accounts to the Minister within the period specified in that behalf in this section they shall be liable for every week or part of a week in which after the period aforesaid they so fail to a penalty not exceeding twenty pounds recoverable in a Court of summary jurisdiction.

Appointment of Auditor.

54.—(1) The Minister may by order appoint a fit and proper person (in this Order referred to as the auditor) to examine and audit the accounts of the Commissioners and may by such order fix the amount of the payments to be made by the Commissioners by way of salary and expenses (if any) to the auditor.

• (2) The amount of the payments so fixed as aforesaid shall be paid by the Commissioners to the auditor out of the harbour revenue as part of the expense of the maintenance of the undertaking.

• (3) The Minister may by order remove the auditor from office, and shall by the same or any subsequent order unless the appointment of an auditor appears to him for any special reason to be unnecessary appoint a fit and proper person to be the auditor in lieu and stead of the auditor so removed.

Audit of Accounts.

55.—(1) It shall be the duty of the clerk or secretary to the Commissioners on any examination and audit of accounts to attend before the auditor at the appointed time and place and there to produce and give to the auditor all his books of accounts vouchers receipts and other documents and all such information in his possession as shall be required by the auditor and it shall also be the duty of every Commissioner and every officer and servant (other than the clerk or secretary) of the Commissioners if required by the auditor so to do to attend before the auditor at the time and place appointed for the examination and audit and there to produce and give to the auditor all such documents and information in their possession respectively as shall be required by the auditor.

• (2) It shall be the duty of the auditor on any examination and audit under this section to examine into the accounts of the Commissioners and to disallow and strike out of such accounts all payments charges and allowances made by any person and charged on the funds of the Commissioners which are in his opinion contrary to law or exorbitant in amount and to surcharge the same upon the person making or authorising the payment charge or allowance so disallowed and struck out and thereupon to certify the same to be due from such person.

• (3) The auditor shall on application made to him in writing within ten days after the completion of any examination and audit made by him under this section by any person aggrieved by any disallowance or surcharge made by him on such examination and audit state in writing his reasons for such disallowance or surcharge and furnish forthwith a copy of such statement to such aggrieved person.

• (4) Any person aggrieved by any disallowance or surcharge may within twenty-one days after the completion of the audit if a statement of the auditor's reasons for such disallowance or surcharge has not been applied for within ten days after the completion of the audit or within fourteen days from the furnishing of the statement of such reasons if such statement has been applied for within the time aforesaid upon giving notice in writing to the auditor of his intention in that behalf appeal in writing to the Minister who may decide the application according to the merits of the case, and if the Minister find that any disallowance or surcharge was lawfully made but that the subject matter thereof was incurred under such circumstances as to make it fair and equitable that the disallowance or surcharge should be remitted he may direct that the same including if he thinks fit the costs of the appeal shall be remitted either in whole or in part upon payment of the costs (if any) incurred by the auditor in respect of the disallowance or surcharge and the decision of the Minister shall be final.

• (5) Every sum certified by the auditor including the costs incurred by the auditor (if any) to be due from any person shall be paid by such person to the Commissioners within fourteen days after the same has been so certified or if a statement of the auditor's reasons is applied for after the date of that statement unless in the meantime notice of intention to appeal is given to the auditor and an appeal is made accordingly to the Minister and in default of payment the auditor for the time being may recover the same together with his costs (including costs between solicitor and client) of the proceedings from whom the same has been certified to be due in any court of competent jurisdiction. If within the said period of fourteen days notice of appeal is duly given to the auditor and an appeal is made to the Minister against the decision of the auditor, then unless the disallowance or surcharge is directed by the Minister to be remitted, the person from whom the disallowance or surcharge has been certified by the auditor to be due shall pay the sum so certified or the amount thereof that may not have been remitted by the Minister to the Commissioners within fourteen days after the date of the decision of the Minister, and if such sum is not so paid the auditor for the time being may recover the same together with his costs (including costs between solicitor and client) of the proceedings from the said person in any court of competent jurisdiction.

LIFE-SAVING APPARATUS.

Provision for life-saving apparatus.

56.—(1) Sections 16 to 19 inclusive of the Harbours Clauses Act, 1847 shall not be incorporated with this Order.

• (2) The Commissioners shall if and whenever required by the Minister provide at their own expense and to the satisfaction of the Minister a site near the harbour and build on that site a house or other proper accommodation for a lifeboat apparatus and other life-saving apparatus.

• (3) If the Commissioners fail to comply with this section they shall be liable to a penalty not exceeding ten pounds for every month during which the failure continues.

Life-saving apparatus may be attached to works.

57.—All persons for the time being actually employed in connection with the lifeboat or the apparatus for saving life may either permanently or temporarily without payment attach or cause to be attached to any part of the premises and works belonging to the Commissioners spars and other apparatus for saving life and may also either in course of using or of exercising the apparatus for saving life fire rockets over such premises and works.

Duty of Commissioners to keep lifebuoys, etc.

58.—The Commissioners shall at all times keep a sufficient number of lifebuoys and lines in good order and fit and ready for use at reasonable distances, and in accordance with any requirements which may be made by the Minister, along the premises and works belonging to them.

LIGHTS.

Duty of Commissioners to exhibit lights during construction, etc., of works.

59.—(1) It shall be the duty of the Commissioners during the whole time of constructing altering or extending any of the works authorised by this Order below high water mark to exhibit and keep burning at their own expense at or near any such work in course of construction alteration or extension every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

• (2) It shall be the duty of the Commissioners to exhibit and keep burning at their own expense at the outer extremity of every work (when completed) authorised by this Order every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

• (3) If and whenever the Commissioners fail to comply with any of the provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding ten pounds.

Provision against danger to navigation.

60.—If any of the works authorised by this Order or any of the other works or premises belonging to the Commissioners is injured or destroyed or falls into decay the Commissioners shall lay down such buoys exhibit such lights or take such other means for preventing so far as may be danger to navigation as shall from time to time be directed by the Commissioners of Irish Lights or other the general lighthouse authority for the time being and shall apply to that authority for directions as to the means to be taken and the Commissioners shall be liable to a penalty not exceeding ten pounds for every month during which they omit so to apply or refuse or neglect to obey any directions given in reference to the means to be taken.

MISCELLANEOUS.

Meters and weighers.

61.—The Commissioners shall have the appointment of meters and weighers within the limits of the harbour.

Commissioners to be a local authority.

62.—The Commissioners shall within the limits of the harbour be a local lighthouse authority for the purposes of the Merchant Shipping Act, 1894.

Application of Harbours Clauses Act, 1847.

63.—For all the purposes of the Harbours Clauses Act, 1847 this Order shall be deemed to be the special Act.

Recovery of penalties.

64.—All penalties under this Order shall be recovered and applied as penalties are recoverable and applicable under the Harbours Clauses Act, 1847.

Officers exempt from rates.

65.—Customs Officers Officers of the Department of Industry and Commerce and members of the Gárda Síochána acting in the exercise of their duty shall at all times have free ingress passage and egress to along and from the harbour and the works without payment.

Prohibition of undue preference by officers of the Commissioners.

66.—No officer or servant of the Commissioners shall give any undue preference or show any partiality to any person using the harbour, and any such officer or servant giving such preference or showing such partiality shall be liable for every such offence to a penalty not exceeding ten pounds.

Saving rights of the State.

67.—Nothing in this Order shall affect any property real or personal vested in Saorstát Eireann or in any Minister thereof or in any Board or body exercising any functions of government or public administration or be construed to restrict or prejudice the rights of Saorstát Eireann or any right power privilege or duty vested by law in any Minister or any officer of Saorstát Eireann and in particular any powers of creating constructing altering or extending any works on any such property as aforesaid shall not be construed to confer on the Commissioners any rights of entry into or any estate or interest in any such property but this section shall not operate to prevent the exercise in accordance with this Order by the Commissioners of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Commissioners.

Cables, pipes, or wires under or across tidal waters.

68.—Notwithstanding anything contained in this Order any cables pipes or wires to be laid or placed by the Commissioners under or across any tidal water shall be laid or placed at such depth under or at such height over such tidal water as the Minister may require.

Costs of Order.

69.—All costs charges and expenses of and incident to the preparing of this Order and otherwise necessarily incurred in reference thereto shall be paid by the Council and shall be recouped to the said Council by the Commissioners out of moneys borrowed by them under this Order.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

I. Tonnage Dues on Vessels other than Fishing Vessels.	£	s.	d.
(a) For every vessel loading or discharging per register ton	0	0	6
(b) Ferry Steamers and Motor Boats carrying goods or passengers for each day any such vessel enters the Harbour	0	1	0
(c) For every vessel occupying a berth in the Harbour for a period exceeding fourteen days a charge, for each day exceeding such period, per register ton of	0	0	1
II. Tonnage Dues on Fishing Vessels.
A. Composition of Tonnage Rates:—
For every vessel engaged in fishing and using the Harbour as a composition in full of tonnage rates payable in advance for the period 1st May to 30th September or 1st October to 30th April:
(1) Trawlers and Steam Liners	5	0	0
(2) Steam Drifters	3	0	0
(3) Motor Boats	0	10	0
(4) Small Sailing Boats	0	5	0
(5) Rowing Boats	0	2	6
B. Ordinary Tonnage Rates:—
For every vessel which has not paid in advance the foregoing composition rates, there shall be payable on each occasion of entering the Harbour:
(1) Trawlers and Steam Liners	0	5	0
(2) Steam Drifters	0	3	6
(3) Motor Boats	0	2	6
(4) Every vessel other than the above	0	2	6
(5) In the event of any fishing vessel not paying composition rates and remaining in the Harbour more than 24 hours, rates on the same scale as above shall be payable in respect of each 24 hours or part thereof after the first 24 hours.
III. Charges on Goods and Live Stock shipped or unshipped, received or delivered within the Harbour.
(a)	£	s.	d.
(1) Coals, Culm and Kelp, per ton	0	0	4½
(2) Flour, per ton	0	0	7
(3) Grain, per ton	0	0	7
(4) Manure, per ton	0	0	7
(5) Limestone and Sand, per ton	0	0	7
(6) Potatoes, per ton	0	0	7
(7) Salt, per ton	0	0	6
(8) Slates, per ton	0	0	7
(9) Timber, per load of 50 ft.	0	0	8
(10) Herrings (cured), per barrel	0	0	2
Do. Per ½ barrel	0	0	1
(11) Barrels or Casks (empty), each	0	0	1
(b) Cattle, viz.:—
(1) Horses, Cows and other large animals,	£	s.	d.
per head	0	0	6
(2) Calves, Sheep, Pigs and other small animals, per head	0	0	2
(c) All other Goods not particularly enumerated above:—
(1) Light Goods, exceeding 28 lbs. in weight, per parcel	0	0	3
Light Goods, not exceeding 28lbs. in weight, per parcel	0	0	1
(2) Heavy Goods, per ton	0	0	8
The above charges on Goods are to be paid by the Owner of Goods.
---	---	---	---
IV. Charges on Fish landed.
(a) Herrings, per cran, 3d.
(b) All other kinds, except lobsters, 3d. in the £on Sale Value.
(c) Lobsters, free.
The above charges on Fish are to be paid by the Seller of the Fish.
V. Traffic on Piers, Quays, and Landing Places.
For each Vehicle engaged in carrying fish to or from said piers, quays, and landing places:—
(a) For each fishing season	0	5	0
(b) For each day	0	0	3