PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1932

AN ACT TO CONFIRM THE LIMERICK HARBOUR ORDER, 1932. [2nd July, 1932.]

WHEREAS the Limerick Harbour Order, 1932, 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 SAORSTAT 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 Short title.

2.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1932.

SCHEDULE. LIMERICK HARBOUR ORDER, 1932. Order For Conferring Additional Powers On The Limerick Harbour Commissioners And For Other Purposes. Short title.

1.—(1) This Order may be cited as the Limerick Harbour Order, 1932.

• (2) The Act entitled “An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate Sharp vessels frequenting the port of Limerick, 1823”; the Act entitled “An Act to amend an Act passed in the fourth year of the reign of his late Majesty King George the Fourth, entitled An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate Sharp vessels frequenting the port of Limerick, 1834”; the Limerick Docks and Harbour Improvement Amendment Act, 1847; the Limerick Harbour (Composition of Debt) Act, 1867; the Limerick Harbour Act, 1867; the Limerick Harbour Act, 1888; the Limerick Harbour Order, 1903; the Limerick Harbour Order, 1921; the Limerick Harbour Act, 1926; the Limerick Harbour Tramways Act, 1931, and this Order shall be read and construed together as one document; and may be cited as the Limerick Harbour Acts and Orders, 1823 to 1932.

Commencement.

2.—This Order shall come into operation upon the day when the Act confirming this Order is passed.

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 Minister” means the Minister for Industry and Commerce;

“the Commissioners” means the Limerick Harbour Commissioners;

“the harbour revenue” means and includes all tolls, rates, charges, dues, rents and other money and receipts which may be taken or received by way of income by the Commissioners under the provisions of the Limerick Harbour Acts and Orders, 1823 to 1932;

“the harbour” means and includes the existing harbour and the lands, works, premises, plant and conveniences acquired or constructed or which may subsequently be acquired or constructed under the provisions of the Limerick Harbour Acts and Orders, 1823 to 1932;

“the existing Acts and Orders” means the Acts and Orders other than this Order mentioned in sub-section (2) of section 1 of this Order.

Undertakers.

4.—The Commissioners shall be the undertakers for carrying this Order into execution.

Application of Reserve Fund.

5.—(1) The Commissioners may from time to time apply the whole or any part of the reserve fund authorised to be formed by sub-section (1) of section 49 of the Limerick Harbour Tramways Act, 1931, to or towards the cost of the works or other purposes authorised by the Limerick Harbour Act, 1926, or to or towards such other purpose as they, with the consent of the Minister, may determine, but for no other purpose.

• (2) Sub-section (2) of section 48 of the Limerick Harbour Tramways Act, 1931, is hereby repealed, but without prejudice to anything done thereunder by the Commissioners before the date when this Order comes into operation.

Dock Entrance.

6.—The Commissioners may, as soon as the new dock entrance authorised by section 3 of the Limerick Harbour Act, 1926, has been completed and brought into use, close and fill up the existing dock entrance.

Contribution to Pilots' Benefit Fund.

7.—The Commissioners may from time to time make such a contribution to a fund established under the provisions of the Pilotage Act, 1913, for the benefit of pilots under the jurisdiction of the Limerick Pilotage Authority as they, with the consent of the Minister, may think fit.

Application of Revenue.

8.—Notwithstanding anything contained in the existing Acts and Orders the harbour revenue shall be applied by the Commissioners for the purposes and in the order following and not otherwise:—

• (1) In payment of the costs of and connected with the preparation and making of this Order.

• (2) In payment of the expense properly chargeable to Revenue of the maintenance, repair and management of the harbour and all conveniences connected therewith.

• (3) In payment of the interest, as and when it becomes due from time to time, on any moneys borrowed by the Commissioners.

• (4) In payment in any manner authorised by the existing Acts and Orders of any principal moneys borrowed by the Commissioners.

• (5) In making payments or appropriations, if any, as authorised by the existing Acts and Orders to the reserve fund authorised to be formed by sub-section (1) of section 49 of the Limerick Harbour Tramways Act, 1931.

• (6) In making contributions, if any, authorised by section 7 of this Order.

The surplus (if any) remaining after providing for the purposes aforesaid shall be applied to such a purpose or purposes as the Minister may direct.

Saving rights of State.

9.—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 erecting, 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.

Costs of Order.

10.—All costs, charges and expenses of and incident to the preparing of this Order and otherwise necessarily incurred in reference thereto (as taxed by the proper officer) shall be paid by the undertakers.