HARBOURS (REGULATION OF RATES) ACT, 1934

AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF THE CHARGES MADE BY HARBOUR AUTHORITIES, TO AMEND CERTAIN ENACTMENTS RELATING TO HARBOURS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd February, 1934.]

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

1 Definitions.

1.—In this Act—

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

the expression “harbour authority” means a person (including a board, committee, council, or other body, whether corporate or unincorporated, established by or under statute and also including a county council or other local authority but excluding the Commissioners of Public Works in Ireland) in whom is vested by statute, contract, purchase, or otherwise howsoever the ownership, control, regulation, or management of a harbour;

the word “harbour” means any dock, pier, quay, wharf, jetty or boatslip intended or used for the accommodation, berthing or anchorage of vessels or for the shipping, unshipping or transhipping of goods, and any works, plant or equipment provided or used in connection therewith;

the word “vessel” means a ship, boat, or other vessel of any description;

the word “rates” means rates, dues, tolls, and other charges of whatever description leviable by a harbour authority in respect of vessels, merchandise of any description, or aircraft;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

2 Saving for the Commissioners of Public Works in Ireland.

2.—This Act shall not apply to any harbour under the control or management of the Commissioners of Public Works in Ireland nor shall any order be made under this Act in relation to the rates chargeable by such Commissioners in respect of any such harbour.

3 Making of harbour rates orders.

3.—(1) The Minister may, if and whenever he thinks fit on the application of the harbour authority for any harbour or on the application of any person who uses or is interested in the use or development of such harbour, or without any such application, by order (in this Act referred to as a harbour rates order) fix all or any of the rates or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour, and may for that purpose revoke, modify, alter, or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or the maximum or minimum rates chargeable by such harbour authority.

• (2) The Minister may if and whenever he thinks fit, on any such application as is mentioned in the next preceding sub-section of this section or without any such application, by order revoke or amend a harbour rates order.

• (3) Whenever the Minister proposes to make, amend, or revoke a harbour rates order, the Minister may, if he so thinks fit, cause a public inquiry to be held in regard to the making, amendment, or revocation (as the case may be) of such order

• (4) Every harbour rates order shall take effect from such date (not being a date prior to the date on which such order is made) as may be specified in such order.

• (5) Every harbour rates order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

4 Applications for harbour rates orders.

4.—(1) Any harbour authority and any person who uses or is interested in the use or development of any harbour may apply to the Minister for a harbour rates order in respect of such harbour.

• (2) Every application for a harbour rates order shall be in the prescribed form and shall contain the prescribed particulars.

• (3) Every harbour authority or person who applies under this section for a harbour rates order shall, when required by the Minister so to do, furnish to the Minister such further particulars as the Minister may require for the consideration of such application.

• (4) The Minister may require any statement made in an application for a harbour rates order or made to the Minister in response to a request for particulars under the next preceding sub-section of this section to be verified in such manner as the Minister may require by some person having personal knowledge of such statement.

• (5) If any harbour authority or person fails to furnish any particulars or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to his discretion to make or refuse to make such order, refuse the application in relation to which such particulars or verification were so required.

5 Notice of making, etc., of harbour rates orders.

5.—(1) Whenever the Minister proposes to make, amend or revoke a harbour rates order the Minister shall give notice to the harbour authority of the harbour to which such proposed order relates and such harbour authority shall publish, at such time or times and in such manner as the Minister directs, a notice containing such particulars as the Minister directs of such proposed order.

• (2) Every notice published by a harbour authority in pursuance of this section shall contain, in addition to the particulars mentioned in the foregoing sub-section of this section, directions to all persons interested as to the making of objections and representations to the Minister in respect of such proposed order, together with directions as to the time, manner, and place in which such objections and representations may be made.

• (3) The expenses incurred by a harbour authority in the publication of a notice published by them in pursuance of this section shall be borne by such person as the Minister shall direct.

• (4) Whenever the Minister directs that the expenses incurred by a harbour authority in the publication of a notice published by them in pursuance of this section shall be borne by any person other than such harbour authority, such expenses shall be recoverable by such harbour authority from such person as a simple contract debt in any court of competent jurisdiction.

• (5) Every harbour authority which fails to comply with a direction given to them by the Minister 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 ten pounds.

• (6) Whenever a harbour authority fails to publish any notice directed by the Minister to be published by them under this section or to comply with any other direction given to them by the Minister under this section, the Minister may, without prejudice to any other proceedings against such harbour authority, himself publish such notice or carry out and execute such direction and all expenses incurred by the Minister in so doing shall be borne by such harbour authority and such expenses shall be recoverable by the Minister from such harbour authority as a simple contract debt in any court of competent jurisdiction.

6 Obligation to charge rates fixed by order.

6.—(1) Whenever a harbour rates order is in force in respect of a harbour, the harbour authority shall, in respect of all subjects of charge for which rates are fixed by such order, charge the rates so fixed and no other or greater or less rates and shall, in respect of all subjects of charge for which maximum rates are fixed by such order, charge rates not exceeding the maximum so fixed.

• (2) Every harbour authority which charges any rate in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

7 Harbour authorities to furnish information.

7.—(1) The Minister may at any time require any harbour authority to furnish information in such form as the Minister directs in relation to all or any of the following matters, that is to say:—

• (a) the number and total tonnage of vessels, either generally or of any specified class, which have berthed in or otherwise used the harbour of such authority during any specified period;

• (b) the nature and the amount of cargo shipped, loaded or taken on or into such vessels;

• (c) the nature and the amount of cargo discharged or transhipped from such vessels;

• (d) the rates charged by such authority in respect of such vessels and such cargo respectively;

• (e) the revenue and expenditure of such authority over any specified period;

• (f) the assets and liabilities (if any) of such authority at any specified time;

• (g) any matter connected with or ancillary to any matter mentioned in any of the foregoing paragraphs of this section.

• (2) Whenever a harbour authority, on being required by the Minister under this section to furnish information to the Minister, fails or refuses so to furnish such information, such harbour authority shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

8 Public inquiries.

8.—The following provisions shall have effect in relation to every public inquiry held under this Act, that is to say:—

• (a) such inquiry shall be held by such person and at such time as the Minister shall appoint;

• (b) the harbour authority of the harbour to which such inquiry relates shall cause notice of the holding of such inquiry to be given in such manner as the Minister shall direct to the public and to such particular persons as the Minister shall specify;

• (c) the person holding such inquiry shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath (which such person is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by such person shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents;

• (d) if any person—

• (i) on being duly summoned as a witness at a public inquiry makes default in attending, or

• (ii) being in attendance as a witness refuses to take an oath legally required by the person holding such inquiry to be taken, or to produce any document legally required by the person holding such inquiry to be produced by him, or to answer any question to which the person holding such inquiry may legally require an answer, or

• (iii) does any other thing which would, if the person holding such inquiry were a Court of Justice, having power to commit for contempt of court, be contempt of such court,

the person holding such inquiry may certify the offence of that person under his hand to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court;

• (e) a witness before a public inquiry held under this Act shall be entitled to the same immunities and privileges as if he were a witness before the High Court;

• (f) all expenses incurred by the Minister in holding a public inquiry on the question whether a harbour rates order for which a harbour authority or any person or body of persons has applied should or should not be made, amended, or revoked (as the case may be), shall be paid to the Minister by such person or persons and, if by more than one such person, in such proportions as the Minister shall direct, and the amount of such expenses shall be fixed by the Minister and when so fixed shall be recoverable by the Minister accordingly as a civil debt in any court of competent jurisdiction;

• (g) the expenses incurred by a harbour authority in causing notice to be given in pursuance of this section shall be paid by such person as the Minister shall direct and (if such person is not the said harbour authority) shall be recoverable by such harbour authority from such person as a civil debt in any court of competent jurisdiction;

• (h) the person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person (including a harbour authority) of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry;

• (i) whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.

9 Amendment of section 18 of the Pilotage Act, 1913.

9.—(1) The power of revoking, varying, or adding to bye-laws conferred on and vested in the Minister by section 18 of the Pilotage Act, 1913, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), may, in relation to any bye-laws fixing pilotage dues, be exercised by the Minister on his own motion notwithstanding that no such representation as is mentioned in sub-section (1) of the said section 18 has been made to the Minister in respect of such bye-law, but subject to the other provisions of the said section.

• (2) In this section the expression “pilotage dues” has the same meaning as it has in the Pilotage Act, 1913.

10 Amendment of the Ministry of Transport Act, 1919.

10.—(1) An order made under sub-section (1) of section 2 of the Ministry of Transport Act, 1919, in respect of the transfer of powers and duties relating to harbours, docks, and piers may be limited to powers and duties relating to one or more particular harbours, docks, and piers or any of them, and may also be limited to one or more particular powers and duties or powers or duties relating to the harbours, docks, and piers or any of them to which such order is limited.

• (2) A transfer of powers or duties effected by an order made under sub-section (1) of the said section 2 of the Ministry of Transport Act, 1919, and limited in the manner authorised by this section shall, for the purposes of sub-section (2) of the said section 2, be deemed to have been effected under that section.

11 Regulations.

11.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

12 Prosecution of offences.

12.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

13 Expenses.

13.—All expenses of carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

14 Short title.

14.—This Act may be cited as the Harbours (Regulation of Rates) Act, 1934.