Harbours Act , 1946

(9) A document which purports to be a copy of bye-laws made under this section, and which has endorsed thereon a certificate (purporting to be signed by an officer of the harbour authority by which such bye-laws were made) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date, shall, without proof of the signature of such officer or that he was in fact such officer, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on that date.

(10) A bye-law which immediately before the passing of this Act was in force in respect of a harbour shall, on and after such passing, be deemed to have been made and to be in force in respect thereof (and shall be capable of being amended or revoked accordingly) under this section.

(11) It shall be the duty of a harbour authority, within four years after the passing of this Act or such longer period as the Minister may allow, to revoke all bye-laws continued in force by subsection (10) of this section in respect of their harbour and to make new and complete bye-laws under this section.

(12) A person who contravenes a bye-law in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding either ten pounds or, where such bye-law so provides, a less amount.

(13) Nothing in this section shall affect the obligation of a harbour authority to make bye-laws under the Petroleum Acts, 1871 to 1881, or apply in relation to any bye-laws made under those Acts.

61 Agreements between harbour authorities and transport undertakings.

61.—A harbour authority may, with the consent of the Minister, make and carry out such agreements as they may from time to time think necessary or desirable with any transport undertaking in respect of traffic between their harbour and the transport system operated by such undertaking.

62 Improvement of conditions of casual workers.

62.—A harbour authority may either alone or in co-operation with any other body or bodies, take such steps as they think proper to improve conditions of employment of casual workers at their harbour and, in particular, may institute a system of registration of such workers and of confinement of employment to registered workers, but the harbour authority shall not exercise any of their powers under this section where such workers and their employers have themselves instituted any such system.

Chapter II. Powers and Duties of Harbour Master of Harbour.

63 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.

64 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.

65 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.

66 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.

67 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.

68 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.

69 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.

70 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.

71 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.

72 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.

73 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.

74 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.

75 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.

Chapter III. Provisions in Relation to Goods and Documents of Title to Goods.

76 Survey and examination of goods before they are unshipped.

76.—(1) A harbour authority may, on the request (accompanied by payment of such fee as the harbour authority think proper) of the master of a vessel which is within the limits of the harbour of the harbour authority, and which is about to land goods, or on the request (so accompanied) of the owner or consignee of such goods, appoint a person to survey and examine such goods before they are unshipped, to inquire into the cause of any damage to such goods existing before they are unshipped, and to make a written report to the harbour authority of such survey, examination and inquiry.

(2) The owner and the consignee of goods in respect of which a report has been made to a harbour authority under this section and the master of the vessel concerned shall each be entitled to obtain on demand from the harbour authority a copy of the report.

77 Survey and examination of goods landed.

77.—Goods which are landed within the limits of a harbour may be surveyed and examined by a person appointed in that behalf by the harbour authority for the harbour and such person shall inquire into the cause and extent of any damage which may have happened to such goods either by sea damage, improper storage or otherwise and shall make a written report to the harbour authority of such survey, examination and inquiry.

78 Superintendence of loading and unloading.

78.—(1) Where goods are being loaded into or unloaded from a vessel which is within the limits of a harbour, the master of the vessel, or some officer of the vessel appointed in that behalf by the master of the vessel, shall superintend the loading or unloading.

(2) If in respect of a vessel there is a refusal or failure to comply with subsection (1) of this section, the master of the vessel shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

79 Restriction on landing and shipping of goods.

79.—(1) It shall not be lawful for a person to land or ship goods of any description at any place within the limits of a harbour unless such place is assigned by the harbour authority for the harbour as a landing place or shipping place (as the case may be) for such goods, and is a legal quay approved by the Minister for Finance, or a sufferance wharf approved by the Revenue Commissioners, or is a place in respect of which special permission has been given by the Revenue Commissioners for the landing or shipping (as the case may be) of such goods.

(2) A person who contravenes subsection (1) 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 ten pounds.

80 Access to goods.

80.—A harbour authority shall afford to persons entitled to or having control of goods deposited in or upon any of the premises, warehouses, quays or other places under the control of the harbour authority reasonable access to such goods.

81 Certificates of deposit and warrants for delivery of goods.

81.—(1) The following provisions shall have effect with respect to the issue and delivery by a harbour authority of certificates of deposit and warrants for the delivery of goods, that is to say:

(a) the harbour authority, at the request of a person warehousing or depositing any goods in any warehouse, or upon or in any premises of a harbour authority specially appropriated for the purpose, or entitled to any goods so warehoused or deposited, may from time to time issue and deliver to such person a certificate in a form approved by the harbour authority of the goods so warehoused or deposited, or a warrant in a form approved by the harbour authority for the delivery of the goods so warehoused or deposited, or any part thereof to be respectively specified in the warrant;

(b) no such warrant for delivery shall be given unless all liens and claims for freight, and all other liens and claims whatsoever to which the goods were liable while on board any vessel, and before being so warehoused or deposited, and of which the harbour authority have notice in writing, and all rates, charges and expenses payable to the harbour authority for the warehousing or depositing of the goods, or for services performed by the harbour authority in respect thereof, are paid or discharged;

(c) every such warrant for delivery shall be transferable by endorsement, and shall entitle the person named therein or the last endorsee thereof named in the endorsement to the goods specified therein, and the goods so specified shall for all purposes be deemed to be his property.

(2) The issue under this section of a warrant for the delivery of goods shall not prejudice or affect any rights in relation to the goods which the Revenue Commissioners may have in respect of any charge of duty of customs or excise.

82 Notice to detain goods for payment of freight.

82.—A notice to detain for payment of freight goods landed within the limits of a harbour shall be in writing and shall be given to the harbour authority for the harbour before any warrant for the delivery of the goods is issued by them.

83 Making of customs entry by harbour authority in certain cases.

83.—(1) A harbour authority may make customs entry for the warehousing of a cargo or portion of a cargo for which an entry has not been delivered under the Customs Acts within forty-eight hours (not reckoning any Sunday or public holiday) after the day on which the cargo or portion of a cargo is required to be reported under those Acts.

(2) A harbour authority shall not make under this section a customs entry for the warehousing of a cargo or portion of a cargo unless—

(a) the cargo or portion of a cargo is eligible by law to be entered for warehousing, and

(b) failure to make such entry would result in the despatch of business at the harbour of the harbour authority being obstructed.

(3) A cargo or portion of a cargo entered by a harbour authority under this section shall not be liable to seizure by reason of any inaccuracy in such entry unless the Revenue Commissioners are of opinion that the inaccuracy was intentional or due to culpable negligence.

(4) The cost of the making under this section, by a harbour authority, of an entry of a cargo or portion of a cargo, shall be paid by the person for the time being in charge of the cargo or portion of a cargo to the harbour authority, and such cost, in default of payment, shall be recoverable as if it were due in respect of goods rates charged under this Act on the cargo or portion of a cargo.

84 Validity of certain documents.

84.—Every warrant, delivery certificate, transfer certificate or other document relating to goods under the control of a harbour authority shall, if signed by a person purporting to be a duly authorised officer of the harbour authority, be deemed until the contrary is proved, to be valid in all respects and binding on the persons to whom it relates.

85 Charges in respect of goods permitted to remain on quays or other places.

85.—(1) A harbour authority may make in respect of goods, being goods which they permit to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, charges on the owner of the goods in accordance with such scale of charges as from time to time they may fix with the consent of the Minister.

(2) Where a harbour authority were, immediately before the passing of this Act, making charges authorised by law in respect of goods permitted by them to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, such charges shall be regarded for the purposes of subsection (1) of this section as having been duly fixed under that subsection.

Chapter IV. Provisions for the Safety of Harbour and Vessels therein.

86 Marking of hazardous goods brought within harbour limits.

86.—(1) Where aquafortis, oil of vitriol or any other goods of a hazardous quality are brought within the limits of a harbour, there shall be stated distinctly, on the outside of the container of the goods, the nature of the goods and that they are hazardous.

(2) Where goods of a hazardous quality are brought within the limits of a harbour and the requirements of subsection (1) of this section have not been complied with, the person who brought the goods within such limits and any person who caused or permitted them to be so brought shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

87 Prohibition on bringing certain articles within harbour limits.

87.—(1) A harbour authority may at any time, by notice affixed in a prominent place at their harbour, prohibit the bringing within the limits of the harbour, or any specified part of such limits, of any article of a kind or class which is specified in the notice as being, in the opinion of the harbour authority, likely to endanger persons or property.

(2) When and so long as a notice is affixed under this section at a harbour, the notice shall have effect according to the terms thereof and—

(a) a person who contravenes the notice shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, and

(b) the harbour authority for the harbour may remove the articles brought by such person, in contravention of the notice, and place or store them elsewhere, and

(c) the expenses of such removal and placing or storing shall be paid by such person to the harbour authority and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.

88 Restriction on putting ballast, etc., into waters of harbour.

88.—(1) It shall not be lawful for a person to put, or cause or allow to be put, ballast, earth, ashes, stones or any other substance or thing into waters within the limits of a harbour unless the harbour authority for the harbour have authorised him so to do.

(2) A person who contravenes subsection (1) 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 ten pounds.

89 Restriction on extinguishing of certain lights.

89.—(1) It shall not be lawful for a person to extinguish without proper authority the light in a lamp placed for the purpose of lighting a harbour.

(2) A person who contravenes subsection (1) 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 ten pounds.

90 Restriction on boiling pitch, etc.

90.—(1) It shall not be lawful for a person to boil pitch or any other inflammable substance within the limits of a harbour unless the harbour authority for the harbour have authorised him so to do.

(2) A person who contravenes subsection (1) 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 ten pounds.

91 Prohibition on attaching vessels to buoys other than mooring buoys.

91.—(1) It shall not be lawful for a person to attach a vessel which is within the limits of a harbour to a buoy other than a mooring buoy.

(2) A person who contravenes subsection (1) 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 ten pounds.

92 Opening and closing of certain bridges.

92.—(1) When a moving or movable bridge under the control of a harbour authority is being or is about to be opened or shut, any officer or servant of the harbour authority may require any person who is on or near the bridge to withdraw to or to remain at a distance of two yards at least from the bridge until the opening or closing is completed.

(2) If a person refuses or fails to comply with a requirement made on him under 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 two pounds.

93 Opening and closing of gates of dock.

93.—(1) It shall not be lawful for a person to open or close the gates of a dock under the control of a harbour authority unless he is an officer or servant of the harbour authority.

(2) A person who contravenes subsection (1) 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 ten pounds.

PART VI. Charging Powers.

Chapter I. General Provisions in Relation to Rates.

94 Power to charge rates.

94.—Subject to the provisions of this Act, a harbour authority may charge the following rates in respect of the following subjects of charge:—

(a) rates (in this Act referred to as tonnage rates) calculated by reference to tonnage in respect of a vessel which—

(i) enters within the limits of the harbour of the harbour authority, or

(ii) uses any quay in such harbour, or

(iii) plies within the limits of such harbour;

(b) rates (in this Act referred to as goods rates) in respect of goods shipped, transhipped or unshipped within the limits of the harbour of the harbour authority;

(c) rates (in this Act referred to as service rates) in respect of shipping, unshipping, transhipping, warehousing, acting as warehouse keepers, wharfage, cranage, receiving, landing, re-landing, piling, housing, weighing, measuring, coopering, sampling, unpiling, unhousing, unloading, carrying, conveying, loading, repairing, protecting, watching, delivery or any other work done or service rendered in relation to goods.

95 Continuation existing rates.

95.—(1) The rates which, immediately before the passing of this Act, were legally chargeable by a harbour authority shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by that harbour authority and for that purpose shall be regarded as chargeable under and subject to the appropriate provisions of this Act.

(2) The following provisions shall apply in respect of charges (other than rates) which immediately before the passing of this Act were legally chargeable by a harbour authority, not being charges for the continuation of the charging of which specific provision is made by this Act—

(a) such charges shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by the harbour authority,

(b) such charges shall, for the purposes of Chapter II of this Part of this Act be deemed to be rates,

(c) all powers in relation to such charges which, immediately before the passing of this Act, were exercisable by the harbour authority shall, notwithstanding anything contained in this Act, continue after the passing of this Act to be so exercisable.

96 Rates to be charged equally.

96.—(1) All rates which may be charged under this Act by a harbour authority shall, in respect of the same classes of vessels and goods and in the same circumstances, be charged equally on all persons.

(2) Notwithstanding subsection (1) of this section, a harbour authority may charge a rate the amount of which varies in respect of different classes of vessels or goods or in dissimilar circumstances.

97 Harbour facilities to be equally available on payment of rates.

97.—The facilities provided by a harbour authority in respect of their harbour shall, subject to the provisions of this Act and anything done thereunder and to the bye-laws for the time being in force in respect of their harbour, be available equally to all persons on payment of the appropriate rates.

98 Inspecting and obtaining list of rates.

98.—(1) A harbour authority shall, at their principal office, keep a list of the rates for the time being charged by them open for inspection during ordinary office hours free of charge by any interested person.

(2) Any person shall be entitled, on payment of a fee not exceeding six pence, to obtain from a harbour authority a list of the rates for the time being charged by them.

99 Goods rates on goods not classified.

99.—Goods not belonging to any of the classes of goods in respect of which a harbour authority are otherwise authorised to charge goods rates shall, for the purpose of charging goods rates thereon, be treated by the harbour authority as belonging to such of the said classes of goods as, in the opinion of the harbour authority, is most appropriate.

100 Power to remit, exempt from, or compound for rates.

100.—(1) A harbour authority may, with the consent of the Minister—

(a) remit rates in whole or in part,

(b) confer an exemption or partial exemption from rates,

(c) vary or terminate an exemption or partial exemption from rates already granted,

(d) compound with any person in respect of rates,

(e) vary or terminate any compounding of rates already effected.

(2) The Minister may require a harbour authority to vary or terminate within a specified period (not being less than six months) any exemption or partial exemption from rates or any compounding of rates in force in relation to the harbour authority at the date of the making of the requirement and it shall be the duty of the harbour authority to comply with such requirement.

(3) A remission or compounding of or exemption from rates granted or conferred under this section shall not give any undue or unreasonable preference or advantage to any person or subject any person to any undue or unreasonable prejudice or disadvantage.

(4) Within six months after the passing of this Act, a harbour authority shall furnish to the Minister particulars of every exemption from or compounding of rates in force in relation to the harbour authority immediately before the passing of this Act, and every such exemption or compounding shall be deemed to be under this section and to be capable accordingly of being varied or terminated, or of being required by the Minister to be varied or terminated, under this section.

(5) A payment to a harbour authority in respect of compounded rates shall be regarded for the purposes of this Act as a payment to them of tonnage rates, goods rates or service rates (as may be appropriate).

101 Variation of rates within fixed maximum.

101.—A harbour authority may, as respects any rates for the time being chargeable by them by reference to a fixed maximum, vary such rates either by increase or reduction within such maximum.

102 Conditional exemption from rates.

102.—(1) Where a vessel, in respect of which all the appropriate tonnage rates have been paid, is obliged, from stress of weather or other sufficient cause, after leaving the limits of a harbour to return therein with the same cargo, the rates so pail shall not again be payable in respect of the vessel.

(2) Where an arrangement is for the time being in force with any other state, under which fishing vessels belonging to nationals of that state are, when forced by stress of weather to seek shelter in an Irish harbour, exempted from rates, any fishing vessel belonging to a national of that state shall, if forced by stress of weather to enter the limits of any harbour, be exempt from rates in respect of such entry, unless the vessel breaks bulk.

(3) Where goods upon which goods rates have been paid to a harbour authority are brought by sea within the limits of the harbour of the harbour authority, the following provisions shall have effect:—

(a) the goods shall not again be chargeable with goods rates on being shipped, transhipped or unshipped into or out of any vessel which bona fide—

(i) trades wholly within the limits of the harbour, or

(ii) trades between such limits and any inland canal or river communicating therewith;

(b) a declaration stating the facts which entitle the goods to such exemption shall, if so required, be made to the satisfaction of the harbour authority.

(4) Where goods are brought within the limits of a harbour otherwise than by sea or are manufactured within such limits, goods rates shall not be chargeable in respect of the goods unless they are shipped or transhipped within the limits of the harbour for conveyance by sea beyond such limits.

(5) Where a vessel, for the purpose of having repairs effected thereto, enters a harbour and the unshipping of the cargo of the vessel is necessary for the purpose of the repairs, goods rates shall not be chargeable by reason of the unshipping or by reason of the shipping of the same cargo after, the repairs are effected, but the harbour authority for the harbour may, if the cargo is stored at any place or in any premises under their control, charge for the storage.

(6) Where, by reason of the situation of any harbour, port or pier, it is necessary for a vessel proceeding to such harbour, port or pier to pass through the limits of another harbour, rates shall not be chargeable in respect of the vessel so passing through such limits, unless—

(a) the vessel makes any use of the facilities available in the other harbour, or

(b) the rates are chargeable by virtue of section 95 of this Act and were being charged immediately before the passing of this Act in respect of vessels so passing through such limits, or

(c) it is specifically provided by a harbour rates order that the rates are rates chargeable in respect of vessels so passing through such limits.

103 Absolute exemption from rates.

103.—(1) Tonnage rates shall not be charged in respect of—

(a) vessels carrying stores for the armament and equipment of the Defence Forces and not carrying for reward any other goods or any passengers,

(b) vessels engaged exclusively in the service of the State,

(c) lifeboats, or

(d) vessels under seizure on behalf of the State.

(2) Goods rates shall not be charged in respect of—

(a) stores for the armament and equipment of the Defence Forces which are being carried on a vessel for the time being exempted from tonnage rates by virtue of paragraph (a) of subsection (1) of this section,

(b) the outfit, stores or provisions of any vessel,

(c) any apparatus for saving life used in connection with a lifeboat, or

(d) any postal packet or mail bag within the meaning of the Post Office Act, 1908.

Chapter II. Harbour Rates Orders.

104 Making of harbour rates order.

104.—(1) The Minister, if and whenever he thinks fit, may, on the application of the relevant harbour authority or without any such application, by order (in this Act referred to as a harbour rates order) fix in respect of a harbour—

(a) all or any of the rates or, where he so thinks fit, the maximum rates to be charged by the harbour authority for the harbour,

(b) the basis on which and the method by which any such rates are to be computed, or

(c) the classes of vessels or goods on which and the circumstances in which any particular such rate is to be charged.

(2) The Minister may, if and whenever he thinks fit, on the application of the relevant harbour authority or without any such application, by order (in this Act also referred to as a harbour, rates order) revoke or amend a harbour rates order (including a harbour rates order made under this subsection).

(3) The Minister may revoke, modify, alter or extend by a harbour rates order any statutory or other provision fixing, restricting or otherwise regulating the rates or the maximum or minimum rates chargeable by a harbour authority, or the basis on which or method by which such rates are computed.

(4) A harbour rates order may, if the Minister so thinks fit, be expressed to apply, and if so expressed shall apply, either to all harbours generally or to a particular harbour or class of harbours named in the order.

(5) Whenever the Minister proposes to make a harbour rates order, he may, if he so thinks fit, direct a local inquiry to be held in regard to the making of the order.

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

(7) Notice of the making of a harbour rates order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

105 Application for harbour rates order.

105.—(1) A harbour authority may apply to the Minister for a harbour rates order in respect of their harbour.

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

(3) A harbour authority applying 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 he may require for the consideration of the 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 subsection (3) of this section, to be verified in such manner as the Minister may require by some person having personal knowledge of the statement.

(5) If a harbour authority fail to furnish any particulars or any verification which they are 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 a harbour rates order, refuse the application in relation to which the particulars or verification were so required.

106 Notice of making, etc., of harbour rates order.

106.—(1) Whenever the Minister proposes to make a harbour rates order, the Minister shall give notice to the harbour authority of the harbour to which the proposed order relates, and the harbour authority shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order and as to the time, manner and place in which objections and representations in relation to the proposed order may be made.

(2) The expenses incurred by a harbour authority in the publication in pursuance of this section of a notice shall be borne by the harbour authority.

(3) Whenever a harbour authority fail to publish a notice directed by the Minister to be published by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself publish the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.

107 Obligation to charge rates fixed by harbour rates order.

107.—(1) Whenever a harbour rates order is in force in respect of a harbour, the harbour authority for the harbour shall, subject to the provisions of this Act—

(a) in respect of all subjects of charge for which rates are fixed by the order, charge the rates so fixed and no other or greater or less rates, and

(b) in respect of all subjects of charge for which maximum rates are fixed by the order, charge rates not exceeding the maximum so fixed, and

(c) where the basis and method of computation of any rates are fixed by the order, compute such rates on the basis and by the method so fixed.

(2) A harbour authority who contravenes subsection (1) 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.

(3) Whenever rates are chargeable by a harbour authority by virtue of section 95 of this Act, the rates shall be regarded for the purposes of this section as chargeable under a harbour rates order in force in respect of the harbour of the harbour authority.

108 Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934.

108.—No order shall, after the passing of this Act, be made in relation to a harbour authority under section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934).

Chapter III. Payment and Recovery of Rates.

109 Person by whom rates are to be payable.

109.—Subject to the provisions of this Part of this Act—

(a) tonnage rates shall be payable by the master or owner of the vessel in respect of which such rates are charged,

(b) goods rates shall be payable by the owner of the goods in respect of which such rates are charged,

(c) service rates shall be payable by the person for whom the work or service in respect of which such rates are charged was done or rendered.

110 Payment of rates.

110.—(1) Tonnage rates shall be paid to a harbour authority at the office of the collector of rates within the next three days after the day upon which the tonnage rates become payable.

(2) Service rates shall be paid to a harbour authority at the office of the collector of rates either, at the option of the harbour authority, before the work or service in respect of which the service rates are charged is done or rendered or before whichever of the following events first occurs:

(a) the removal of the goods in relation to which the service rates are charged from the limits of the harbour of the harbour authority,

(b) the expiration of two weeks from the date when the work or service is done or rendered.

(3) Goods rates shall be paid to a harbour authority at the office of the collector of rates—

(a) in respect of goods to be shipped, before they are shipped, and

(b) in respect of goods to be unshipped or transhipped, either, at the option of the harbour authority, before they are unshipped or transhipped or before which ever of the following events first occurs:

(i) the removal of the goods from the limits of the harbour of the harbour authority,

(ii) the expiration of two weeks from the date when the goods are unshipped or transhipped.

111 Obligations of masters of vessels in relation to goods unshipped or shipped.

111.—(1) Where goods are intended to be unshipped within the limits of the harbour of a harbour authority, the master of the vessel containing the goods shall—

(a) within twenty-four hours after the arrival of the vessel, deliver at the office of the collector of rates the name of the consignee of the goods or, if the goods are to be delivered to some other person, the name of that person, and

(b) within such twenty-four hours, deliver at the office of the collector of rates a true account of the goods and there produce, if so required by the harbour authority, such manifests, bills of lading or other documents relating to the goods as will show the true nature, quantity and weight thereof, and

(c) if so required by the harbour authority, give twelve hours' or such shorter notice as they may specify at the office of the collector of rates of the time at which it is intended to unship the goods or any part thereof.

(2) Where goods are intended to be shipped within the limits of the harbour of a harbour authority, the master of the vessel into which the goods are to be shipped shall—

(a) before loading the goods—

(i) deliver at the office of the collector of rates particulars in writing of the goods, and

(ii) if so required by the harbour authority procure a permit from the harbour authority to ship the goods, and

(b) after loading the goods and before sailing—

(i) produce, if required by the harbour authority, all manifests, bills of lading, ship's books or other documents relating to the goods, and

(ii) pay all rates (if any) payable and then unpaid in respect of the goods.

(3) A master of a vessel who fails to comply with any requirement 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 ten pounds.

112 Obligations of persons shipping, transhipping or unshipping goods.

112.—(1) Where a person ships, tranships or unships goods within the limits of the harbour of a harbour authority, he shall, before the goods are shipped, transhipped or removed from the limits of the harbour (as the case may be)—

(a) give at the office of the collector of rates a true account of the nature, quantity and weight of the goods, and

(b) verify such account, if so required by the harbour authority, by producing such books and documents as are necessary for that purpose, and

(c) pay all the appropriate rates payable in respect of the goods.

(2) If in respect of any goods—

(a) there is a failure to give such account as is required by this section, or

(b) there is a failure to verify any such account in the manner specified by this section when required so to do by a harbour authority, or

(c) an account is given or a book or document is produced in the course of a verification under this section in which there is an entry which is false or misleading in any material particular,

the person shipping, transhipping or unshipping (as the case may be) the goods shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

113 Agreements in respect of the payment of rates.

113.—(1) Notwithstanding anything contained in this Part of this Act but subject to the provisions of subsection (2) of this section, a harbour authority may make and carry out an agreement with a person liable to pay rates to the harbour authority for the purpose of—

(a) the giving of credit to such person in respect of the rates,

(b) the giving of security by such person for the rates,

(c) authorising the harbour authority to take a deposit on account of the rates,

(d) the furnishing by such person of particulars (otherwise than under and in accordance with the relevant provisions of this Chapter of this Part of this Act) of the subjects of charge in respect of which the rates are payable by him.

(2) An agreement under this section shall not make or give any undue or unreasonable preference or advantage to or in favour of any particular person nor subject any particular person to any undue or unreasonable disadvantage.

114 Ascertainment of rates payable.

114.—(1) The collector of rates of a harbour authority may enter a vessel within the limits of the harbour of the harbour authority in order to ascertain the rates payable in respect of the vessel or in respect of any goods therein.

(2) If a dispute should arise between a collector of rates and the master of any vessel or the owner of any goods concerning the weight or quantity of any goods in respect of which rates are payable, the collector of rates may cause the goods to be weighed or measured and for that purpose may detain the vessel containing the goods.

(3) Where any goods are weighed or measured in pursuance of subsection (2) of this section, the following provisions shall have effect in relation to the expenses of the weighing or measuring:

(a) if the weight or quantity of the goods be greater than that shown by the documents or the account or statement thereof delivered in pursuance of the provisions of this Chapter of this Part of this Act, such expenses shall be paid to the harbour authority and shall be recoverable as if they were in respect of goods rates charged on the goods,

(b) if the weight or quantity of the goods be the same or less than that shown by such documents, account or statement, such expenses, and any other expenses occasioned by the weighing or measuring or by the detention of the vessel for that purpose, shall be paid by the harbour authority.

115 Penalties for evading payment of rates.

115.—A person liable to pay rates to a harbour authority who evades or attempts to evade payment of the rates shall, without prejudice to any proceedings or steps taken or to be taken for the purpose of recovering the rates, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

116 Remedies for nonpayment of tonnage rates.

116.—(1) Where default is made in the payment to a harbour authority of tonnage rates on a vessel, the collector of rates of the harbour authority may board the vessel, and unless the rates are there and then paid, may distrain the vessel and the tackle, apparel and furniture thereof.

(2) No article forfeitable under the Customs Acts shall be distrained under this section.

(3) Any vessel, tackle, apparel or furniture distrained under this section may—

(a) be detained until the tonnage rates in respect of which the distraint was made are paid or until security is given in respect thereof, or

(b) if such rates are not paid within seven days after the distraint, be sold in accordance with the provisions of this section by the harbour master.

(4) The following provisions shall have effect in respect of the sale of a vessel distrained under this section on behalf of a harbour authority:

(a) the sale shall be authorised by order of the harbour authority and shall not take place unless the harbour authority by order so direct;

(b) the order shall contain a declaration vesting in the harbour master of the harbour authority by virtue of the order the right to transfer the vessel, and the harbour master shall by virtue of such declaration be entitled to transfer the vessel in the same manner and to the same extent as if he were the registered owner thereof;

(c) the sale shall operate to vest the vessel in the purchaser freed of all mortgages, liens, charges or other interests therein whatsoever, and the purchaser shall not require any other evidence of title to the vessel than a copy, certified by the harbour master, of the order of the harbour authority directing the sale;

(d) a registrar of shipping shall, on production of the order or a copy thereof certified by the harbour master, register the bill of sale effecting the transfer in the same manner as if the harbour master were the registered owner.

(5) A harbour authority shall not sell under this section for home use any article if any prohibition or restriction on importation applies in respect thereof or if the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect thereof.

(6) Where a sale has been carried out under this section, the proceeds thereof shall be applied firstly in payment of any duties of customs or excise payable in respect of any of the articles sold and secondly in payment of the tonnage rates in respect of which such sale was carried out, and any expenses of and incidental to such sale, and the surplus (if any) shall be paid on demand to the former owner or master of the relevant vessel.

(7) Where—

(a) a harbour authority are unable or deem it inexpedient to make a distraint in accordance with this section, or

(b) the proceeds of a sale under this section are not sufficient to pay all the tonnage rates payable to the harbour authority and the expenses of and incidental to such sale,

the rates due or the amount of the deficiency (as the case may be) may be sued for and recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction.

(8) Nothing in this section shall be construed as prejudicing any forfeiture to which a vessel is subject under the Customs Acts or the Merchant Shipping Acts, 1894 to 1939.

117 Remedies for nonpayment of goods rates and service rates.

117.—(1) Where default is made in the payment to a harbour authority of any goods or service rates, the collector of rates of the harbour authority may enter any vessel or other place (being within the limits of the harbour of the harbour authority) in which the goods in respect of which the rates were charged are kept and distrain such goods, or, if they have been removed from within the limits of the harbour, the said collector may enter any vessel or other place within such limits and distrain any other goods found therein belonging to the person in default.

(2) No goods forfeitable under the Customs Acts shall be distrained under this section.

(3) The following provisions shall have effect in relation to goods distrained under this section on behalf of a harbour authority:

(a) without prejudice to any other remedy for the rates due on the goods, the harbour authority may sell all or so much as they think fit of the goods subject to the proviso that a sale for home use shall not be effected where any prohibition or restriction on importation applies in respect of the goods proposed to be sold or where the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect of the goods proposed to be sold;

(b) if the goods are perishable, they may be sold forthwith or at any time, but in any other case the goods shall not be sold until after the expiration of one month from the time at which they were unshipped or delivered within the limits of the harbour of the harbour authority;

(c) the proceeds of any such sale shall be applied by the harbour authority in paying the following charges in the following order:

(i) any customs or excise duties in respect of the goods, and

(ii) the rates payable in respect of the goods and the expenses of and incidental to the sale, and

(iii) any freight due in respect of the goods, if the harbour authority receive notice that such freight is due and unpaid;

(d) where the proceeds of any such sale have been applied as aforesaid—

(i) if any surplus remains, it shall be paid, on demand, to the person appearing to the harbour authority to be entitled thereto, and

(ii) if the rates due on the goods and the expenses of and incidental to the sale remain unpaid in whole or in part, the rates and expenses or the balance thereof (as the case may be) may be recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction, and

(e) any of the goods which are not sold shall, with the consent of the Revenue Commissioners and provided that all customs or excise duties payable in respect thereof have been paid, be delivered, on demand, to the person appearing to the harbour authority to be entitled thereto.

(4) Where a harbour authority are unable or consider it inexpedient to recover goods or service rates by distraint and sale under this section, they may recover the rates as a simple contract debt in any court of competent jurisdiction.

118 Power to refuse to give clearance in certain cases.

118.—The collector or other proper officer of customs and excise for the district within which a harbour is situated may, with the consent of the Revenue Commissioners, refuse to give a clearance outward of a vessel within the limits of the harbour until—

(a) the master of the vessel has produced to such collector or officer a certificate signed by the collector of rates for the harbour stating that all the rates payable to the harbour authority for the harbour in respect of the vessel and the cargo thereof have been paid, or

(b) where there is any dispute as to such rates, such collector or officer has received notification from the collector of rates for the harbour that such collector of rates has been given satisfactory security for the payment of such rates.

PART VII. Finance and Accounts.

119 Application of revenue.

119.—(1) The revenue of a harbour authority in any year shall be applied to the following purposes in the following order:

(a) the payment of working and establishment expenses (including expenses in respect of any pensions and gratuities payable by the harbour authority) and of expenses properly chargeable to revenue of management, maintenance, cleaning and repair,

(b) the payment, in respect of borrowed moneys and subject to the terms on which such moneys were borrowed, of interest, of repayments of principal and of contributions to sinking funds,

(c) such other purposes (including carrying forward to the next following year) in such order as the harbour authority, with the consent of the Minister, may decide.

(2) Notwithstanding subsection (1) of this section, where the Minister, on the application of a harbour authority, is satisfied that the purchase of any particular equipment is essential to the maintenance or working of the harbour of the harbour authority, the Minister may authorise the harbour authority to pay the cost, or part of the cost, of the equipment as if such cost, or the part thereof specified in the authorisation, as the case may be, were proper to be included among the working and establishment expenses of the harbour authority.

120 General power to borrow.

120.—(1) A harbour authority may from time to time, with the consent of the Minister, borrow money for expenditure on purposes in connection with their harbour (including expenditure on improvement or in discharge of existing obligations) either, as may be directed by the Minister, by the issue of stock or debenture stock, by way of mortgage or in any other manner.

(2) Save with the consent of the Minister for Finance, the Minister shall not consent to the borrowing by a harbour authority of any sum exceeding—

(a) in case the harbour authority is the Dublin Port and Docks Board, two hundred thousand pounds, and

(b) in any other case, fifty thousand pounds.

(3) An application made by a harbour authority to the Minister for his consent to their borrowing of money shall be in such form as the Minister directs and shall specify the amount of money to be borrowed, the purposes to which the money is to be applied, the manner in which the money is proposed to be borrowed and such other particulars as the Minister may require.

(4) For the purpose of deciding whether to grant or refuse to grant his consent to the borrowing of money by a harbour authority, the Minister may direct a local inquiry to be held into the purposes of or the need for or both the purposes of and the need for the borrowing.

(5) Where a harbour authority borrow money under this section, they shall carry out such directions as the Minister may give in respect of the following matters:

(a) the manner and the terms of the borrowing,

(b) the purposes to which the money borrowed is to be applied,

(c) the income, funds or property to be charged as security in respect of the borrowing,

(d) the form of the security to be created in respect of the borrowing,

(e) in case any mortgage is to be created in respect of the borrowing, the terms and conditions as to redemption of the mortgage,

(f) the period for repayment of the money borrowed and the provisions to be made for securing repayment within that period.

(6) The Minister shall not give a direction under subsection (5) of this section in relation to any borrowing from the local loans fund save with the concurrence of the Minister for Finance.

(7) A harbour authority shall not borrow save under and in accordance with this section or the next following section.

121 Temporary borrowing.

121.—(1) A harbour authority, with the consent of the Minister, may, for the purpose of providing temporarily for current expenses, borrow by way of temporary loan or overdraft.

(2) Payments, in respect of moneys borrowed under this section by a harbour authority, of interest and of repayment of principal shall be included among the working and establishment expenses of the harbour authority and shall be made in such manner and during such periods as may be approved of by the Minister.

(3) Without prejudice to subsection (2) of this section, moneys borrowed under this section by a harbour authority shall stand charged on the revenue, funds and property of the harbour authority pari passu with all mortgages, stock and other securities affecting such revenue, funds and property.

(4) References in this section to borrowing include references to reborrowing.

122 Borrowing from local loans fund.

122.—Money borrowed under this Part of this Act for expenditure on anything authorised by a harbour works order may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1940, and was authorised by an Act of the Oireachtas.

123 Investment by trustees in certain stocks and mortgages.

123.—Any stock issued or mortgage made by a harbour authority mentioned in Part I of the First Schedule to this Act (including any stock issued or mortgage made by such harbour authority before the passing of this Act) shall be deemed to be included amongst the securities in which trustees may invest trust funds under the powers of section 1 of the Trustee Act, 1893.

124 Protection of lenders.

124.—(1) Whenever a body of persons, who are not lawfully constituted as, but are acting as or purporting to be, a harbour authority, borrow money in purported exercise of the powers in that behalf of the harbour authority from a lender who lends the money in good faith and without notice that the body of persons are not lawfully constituted as the harbour authority, the following provisions shall have effect in favour of the lender or any person claiming through or under him as against the harbour authority:

(a) the body of persons shall be deemed, for the purposes of the transaction consisting of the borrowing and lending, to have been lawfully constituted as the harbour authority, and accordingly the harbour authority shall be liable for the repayment of the money so borrowed and lent and the payment of interest thereon in accordance with the terms on which the money was so borrowed and lent to the same extent (if any) as the harbour authority would have been so liable if the body of persons had in fact been lawfully constituted as the harbour authority;

(b) every mortgage or other security given by the body of persons and purporting to be given by the harbour authority to the lender for securing the repayment of the money and the payment of the interest thereon shall, in the hands of the lender or any person claiming through or under him, be valid and enforceable against the harbour authority to the same extent (if any) as it would have been so valid and enforceable if the body of persons had in fact been lawfully constituted as the harbour authority;

(c) no part of the transaction consisting of the borrowing and lending shall be invalid or capable of being questioned on the ground that the body of persons was not lawfully constituted as the harbour authority.

(2) Whenever a harbour authority borrow or are deemed by subsection (1) of this section to borrow money under or in purported exercise of their powers in that behalf from a lender who lends the money in good faith, the following provisions shall have effect in favour of the lender or any person claiming through or under him as against the harbour authority:

(a) neither the borrowing and lending nor any mortgage or other security given or purported to be given by the harbour authority to the lender for securing the repayments of the money and the payment of the interest thereon shall be invalidated or questioned on account of any illegality or irregularity in the constitution of the harbour authority or the appointment, election or nomination of any of the members thereof;

(b) the lender shall not be concerned to inquire whether the purpose for which the money is borrowed by the harbour authority is or is not a purpose for which the harbour authority are authorised by law to borrow money or whether the money does or does not exceed in amount any limit on borrowing by the harbour authority, and the lender shall not be prejudiced or affected by the fact (if it exists) that such purpose is, in whole or in part, not so authorised or that the money exceeds in amount any such limit;

(c) the lender shall not be concerned to inquire whether any meeting of the harbour authority was or was not properly convened or constituted, or whether any particular notice to the members of the harbour authority was or was not duly given, or whether the proceedings at any meeting of the harbour authority were or were not legal and regular;

(d) where the harbour authority could not lawfully borrow the money without the sanction or the consent of the Minister, and such sanction or consent (as the case may be) was given or purported to be given by the Minister, the lender shall not be concerned to inquire whether any statutory condition precedent to the giving of the sanction or consent was or was not duly complied with, and the lender shall not be prejudiced or affected by the fact (if it exists) that any such condition precedent was not complied with by the person (whether the Minister, the harbour authority or any other person) charged with the duty of complying therewith;

(e) the lender shall not be concerned to see to the application of the money by the harbour authority or be prejudiced or affected by any misapplication of the money or any part thereof by the harbour authority or any of their officers.

125 Establishment and abolition of funds.

125.—(1) A harbour authority may, with the consent of the Minister, and shall, if so required by the Minister, establish a fund for any specified purpose connected with their harbour.

(2) A harbour authority may, with the consent of the Minister, and shall, if so required by the Minister, abolish any fund (other than a sinking fund) established, whether before or after the passing of this Act, for any purpose connected with their harbour and shall thereupon apply any moneys standing to the credit of the fund in such manner as the Minister may direct.

(3) The sums to be paid into any fund established under this section, the times at which such sums shall be paid, the sources from which such sums shall be obtained, and the purposes for and manner in which moneys in the fund shall be appropriated and applied shall be such as may from time to time be directed or approved by the Minister.

(4) A harbour authority may, and if so required by the Minister, shall, invest the moneys in any fund established under this section and the income arising from such investment shall form part of the fund.

(5) Moneys invested pursuant to subsection (4) of this section by a harbour authority shall be invested in such securities (other than real or heritable securities) for the time being authorised by law for the investment of trust funds as the harbour authority think proper, but the harbour authority shall not, save with the consent of the Minister, invest any such moneys in stocks, funds, shares or securities created by the harbour authority themselves.

126 Regulations in relation to mortgages.

126.—(1) The Minister may make regulations in relation to mortgages made under this Act by a harbour authority.

(2) Regulations made under this section in relation to mortgages made by a harbour authority may, in particular, make provision in respect of all or any of the following matters:—

(a) the form of mortgages,

(b) the registers to be kept in relation to mortgages,

(c) the transfer of mortgages and the form of such transfers,

(d) the repayment of moneys borrowed on the security of mortgages,

(e) the appointment and powers of receivers.

(3) Notwithstanding any other provision of this Act, if any provisions contained in sections 75 to 88 of the Commissioners Clauses Act, 1847, applied immediately before the passing of this Act in relation to any mortgages then in force of a harbour authority, those provisions, subject to any variations which may have been made in them by the enactment by virtue of which they so applied, shall continue to apply after the passing of this Act in relation to those mortgages of that harbour authority.

127 Regulations in relation to stock.

127.—(1) The Minister may make regulations in relation to stock issued under this Act by a harbour authority.

(2) Regulations made under this section in relation to stock issued by a harbour authority may, in particular, make provision in respect of all or any of the following matters:—

(a) the manner in which stock is to be created, issued, charged, transferred, transmitted, dealt with and redeemed,

(b) the discharge of loans raised by the issue of stock,

(c) the accounts to be kept in relation to stock,

(d) in case of consolidation of debt, the extension or variation of the times within which loans are to be discharged,

(e) consent in the case of limited owners,

(f) the application of moneys raised by the issue of stock,

(g) dividends,

(h) appointment of registrars for the purposes of stock,

(i) returns to be made to the Minister,

(j) failure to claim dividends or stock,

(k) fees to be chargeable by a harbour authority in respect of stock,

(l) the application in respect of stock, with or without modification, of any enactments.

128 Prohibition on issue of irredeemable stock.

128.—A harbour authority shall not issue irredeemable stock.

129 Provisions in respect of trusts.

129.—A harbour authority shall not be bound to see to the execution of any trust whatsoever to which any mortgage, stock or other security made or issued by them is or may be subject and accordingly—

(a) the receipt of the person in whose name such mortgage, stock or other security stands in the books of the harbour authority shall be sufficient discharge to the harbour authority for any moneys paid by them in respect thereof notwithstanding that any such trust exists and whether the harbour authority have or have not notice thereof, and

(b) the harbour authority shall not be bound to see to the application of any money paid by them in respect of such receipt.

130 Continuation of funds.

130.—All sinking, depreciation, reserve, insurance or other funds whatsoever existing in respect of a harbour authority immediately before the passing of this Act shall, after such passing and subject to the provisions of this Part of this Act, be continued and contributed to in like manner and be governed by the like provisions and obligations as before such passing, but all returns requiring to be made in relation to such funds shall be made to the Minister.

131 Accounts.

131.—(1) The Minister may by order make regulations in relation to the accounts to be kept by a harbour authority.

(2) Regulations made under this section in relation to the accounts to be kept by a harbour authority may, in particular, make provision in respect of all or any of the following matters:—

(a) the form, number, description and contents of the accounts,

(b) the manner in which the accounts are to be kept,

(c) the period which the accounts are to cover,

(d) the date to which the accounts are to be made up,

(e) the division or allocation as between one account and another or otherwise of items appearing in the accounts,

(f) the publication of the accounts.

(3) A harbour authority shall, within two months after the date in each year to which, by the regulations under this section for the time being in force, their accounts are required to be made up, furnish to the Minister two copies of an abstract in the prescribed form of such accounts.

(4) A copy of the accounts of a harbour authority as audited under this Act shall be kept open by the harbour authority at their principal office at all reasonable times for inspection by interested persons on payment of a sum not exceeding one shilling for each inspection.

(5) Until regulations are made under this section, a harbour authority shall continue to keep the accounts and furnish the returns in relation to accounts which, immediately before the passing of this Act, they were obliged by law to keep or furnish, but subject to the modification that, as regards the furnishing of returns, such furnishing shall in every case be to the Minister.

132 Audit.

132.—(1) The accounts of a harbour authority shall be audited by an auditor appointed by the Minister.

(2) The following enactments, as amended or adapted by or under any subsequent enactment (including any enactment passed after the passing of this Act), shall apply in relation to the audit and auditor of the accounts of a harbour authority in the same manner as they apply in relation to the audit and auditor of the accounts of a local authority:—

(a) section 12 of the Local Government (Ireland) Act, 1871,

(b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898,

(c) sections 19, 20 and 21 of the Local Government (Ireland) Act, 1902,

(d) sections 69, 70, 71 and 86 of the Local Government Act, 1941 (No. 23 of 1941),

subject to the following modifications:

(i) the references in the said enactments, as so amended or adapted, to the Minister for Local Government and Public Health shall be construed as references to the Minister,

(ii) the Minister, in fixing under section 69 of the Local Government Act, 1941, an audit fee in respect of an audit, may fix the fee at any time, whether before or after the completion of the audit, and the audit fee so fixed shall also be the audit fee in respect of subsequent audits unless and until it is replaced by a different audit fee so fixed,

(iii) any reference in section 70 or 71 of the Local Government Act, 1941, to the prescribed period shall be construed as a reference to the like period as the expression for the time being refers to in the case of an audit of the accounts of a local authority.

(3) If the Minister directs that the accounts of a harbour authority for a period ending before the passing of this Act shall be audited under this section, such accounts shall be so audited.

(4) An appointment of an auditor made by a harbour authority before the passing of this Act shall terminate on such date as may be specified in that behalf by the Minister.

133 Assistance to harbour authorities by rating authorities.

133.—(1) A local authority may, with the consent of the Minister for Local Government and Public Health, resolve to assist a harbour authority in any one or more of the following ways:—

(a) by charging any rate or fund under their control for the purpose of guaranteeing any loan raised by the harbour authority,

(b) by contributing all or part of the interest or principal of any such loan,

(c) in the case of a harbour authority unable themselves to raise a loan, by borrowing the sum required by the harbour authority and advancing such sum to the harbour authority.

(2) A local authority which has passed a resolution under this section shall, within fourteen days thereafter, publish the resolution in such manner as the Minister for Local Government and Public Health directs.

(3) Not earlier than sixty days and not later than one hundred and eighty days after the passing of a resolution under this section, the local authority by whom the resolution was passed may confirm the resolution by a further resolution.

(4) Where a resolution under this section has been duly passed, published and confirmed, the Minister for Local Government and Public Health may make an order embodying the resolution and such other provisions as he may think necessary for giving effect to the resolution and every such order shall have the force of law in accordance with its terms.

(5) Where the amount required to be raised by a local authority for a local financial year ending on or after the 31st day of March, 1947, in order to defray the cost of assisting harbour authorities in that local financial year exceeds—

(a) in the case of the corporation of a county borough, a sum equal to a rate of one shilling in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the municipal rate in the county borough at the commencement of that local financial year,

(b) in the case of the corporation of a borough not being a county borough, the council of an urban district or the commissioners of a town, a sum equal to a rate of eightpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the poor rate (or, in the case of the borough of Dún Laoghaire, the municipal rate) in the area of the local authority at the commencement of that local financial year,

(c) in the case of the council of a county, a sum equal to a rate of fourpence in the pound on the total of the rateable valuations of the hereditaments and tenements rateable to the poor rate in the county at large at the commencement of that local financial year,

then, the Minister may, out of moneys to be provided by the Oireachtas, pay to the local authority a sum equal to one-half of such excess as a contribution towards such cost.

PART VIII. Harbour Works Orders.

134 Harbour works order.

134.—(1) The Minister may, if and whenever he thinks fit, by order (in this Act referred to as a harbour works order)—

(a) authorise a harbour authority to construct, reconstruct, extend or remove within the period specified in the order such docks, graving docks, quays, wharves, jetties, piers, embankments, break-waters, roads, viaducts, tramways, railways, aerodromes or other works as may be specified in the order, or

(b) authorise a harbour authority to acquire compulsorily such land (including any right or easement in, over or in respect of land) as may be specified in the order,

or

(c) transfer to a local authority the harbour, or a specified part of the harbour, of a harbour authority, together with all the property, works, plant, equipment and chattels in connection therewith, and authorise the doing of all things necessary to give effect to such transfer, or

(d) transfer to a harbour authority a specified port or pier and the management and control thereof, or

(e) fix, or vary either by extension or diminution, the limits of the harbour of a harbour authority.

(2) The Minister may, if and whenever he thinks fit, by order (in this Act also referred to as a harbour works order) amend or revoke a harbour works order (including a harbour works order made under this subsection).

(3) The following provisions shall have effect in relation to a harbour works order under paragraph (c) or (d) of subsection (1) of this section and a harbour works order under subsection (2) of this section consequent on a harbour works order made under the said paragraph (c) or (d):

(a) the order may be made by the Minister either on the application of the harbour authority to whom the order relates or without any such application,

(b) where the Minister makes the order without an application therefor having been made by the harbour authority to whom the order relates, it shall be the duty of that harbour authority to take all such steps as may be necessary or may be directed by the Minister for the purpose of implementing the order, and

(c) where the order is under the said paragraph (c) or under subsection (2) of this section consequent on a harbour works order made under the said paragraph (c), the order shall not be made save with the consent of the Minister for Local Government and Public Health.

(4) Save as provided by subsection (3) of this section, a harbour works order shall not be made otherwise than on the application of the harbour authority to whom the order relates.

(5) A harbour works order may include such supplemental and ancillary provisions and such conditions and restrictions as the Minister thinks proper.

(6) Without prejudice to the generality of subsection (5) of this section, a harbour works order may—

(a) contain provisions for authorising, subject to the terms of the order, the opening, stopping up, breaking up, crossing, altering, extending, diverting or otherwise interfering with any public or private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway-sidings, sewers, drains, pipes, wires or apparatus, and

(b) contain a condition that the harbour authority to whom the order relates shall not, in carrying out the provisions of the order, displace persons of the working class or shall displace such persons only after compliance with specified requirements.

(7) Where a harbour works order authorises or requires a harbour authority to acquire any land compulsorily, the following provisions shall have effect:

(a) the order shall, in respect of any land so acquired, provide for the payment of compensation by the harbour authority to the several persons having estates or interests in the land and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925);

(b) the order may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.

(8) Subject to the provisions of the next following section, a harbour works order shall have statutory force and effect.

135 Provisional harbour works order.

135.—(1) Where a harbour works order—

(a) authorises a harbour authority to acquire compulsorily land as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent and situation or the purposes for which it is used or for any other reason, it ought not to be acquired compulsorily without the sanction of the Oireachtas, or

(b) transfers to a local authority the harbour of a harbour authority, or

(c) transfers to a local authority a part of the harbour of a harbour authority, being a part as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent, it ought not to be transferred without the sanction of the Oireachtas, or

(d) transfers to a harbour authority a specified port or pier, or

(e) fixes, or varies either by extension or diminution, the limits of the harbour of a harbour authority, or

(f) revokes or amends a previous harbour works order which was confirmed by Act of the Oireachtas,

such order (in this Act referred to as a provisional harbour works order) shall be of no force or effect unless and until confirmed by Act of the Oireachtas.

(2) The following provisions shall have effect in respect of a provisional harbour works order:

(a) as soon as conveniently may be after the making of the order, the Minister shall deposit a copy of the order with the county registrar of the county in which is situate the principal office of the harbour authority to whom the order relates;

(b) the Minister shall thereupon publish in the Iris Oifigiúil and in two newspapers circulating in such county a notice intimating that the copy of the order will, during a specified period not less than twenty-eight days, remain open at the office of the county registrar for public inspection during ordinary office hours and that objections and representations in relation to the order may be furnished in writing to the Minister during the said period;

(c) during the said period the county registrar shall keep the copy of the order open for inspection as aforesaid and objections and representations in relation to the order may be furnished in writing to the Minister;

(d) unless the Minister annuls the order under subsection (3) of this section, he shall, as soon as conveniently may be after the expiration of the said period and having considered the objections and representations (if any) furnished as aforesaid, cause to be introduced in the Oireachtas a bill in which the order, either as originally made or as varied under subsection (3) of this section (as the case may be), is set out in full as the Schedule thereto.

(3) The Minister may annul or vary a provisional harbour works order before the bill to confirm it is introduced in the Oireachtas.

(4) The expenses incurred by the Minister in publishing a notice under paragraph (b) of subsection (2) of this section shall be borne by the harbour authority concerned and shall be recoverable from them by the Minister as a simple contract debt in any court of competent jurisdiction.

(5) An Act passed by the Oireachtas to confirm a provisional harbour works order shall be deemed to be a public general Act.

136 Notice of proposal to make harbour works order other than provisional harbour works order.

136.—(1) Whenever the Minister proposes to make a harbour works order other than a provisional harbour works order—

(a) the harbour authority to whom the proposed order relates shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order,

(b) such notice shall contain an intimation that objections and representations in relation to the order may be furnished in writing to the Minister during a specified period, and

(c) in making the order, the Minister shall have regard to the objections and representations (if any) furnished as aforesaid.

(2) The expenses incurred by a harbour authority in the publication in pursuance of this section of a notice shall be borne by the harbour authority.

(3) Whenever a harbour authority refuse or fail to publish a notice directed by the Minister to be published by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself publish the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.

137 Local inquiries in regard to harbour works order.

137.—Whenever the Minister proposes to make a harbour works order, he may, if he so thinks fit, direct that a local inquiry be held in regard to the proposed order.

138 Application for harbour works order.

138.—(1) A harbour authority may apply to the Minister for a harbour works order.

(2) An application for a harbour works order shall be in such form and shall contain such particulars as the Minister may require and shall be accompanied by a draft of the proposed order.

(3) A harbour authority applying under this section for a harbour works order shall, when required by the Minister so to do, furnish to the Minister such further particulars and such plans and other documents as he may from time to time require for the consideration of the application.

(4) The Minister may require any statement made in an application for a harbour works order, or made to the Minister in response to a requirement of particulars under this section, to be verified in such manner as the Minister may require by some person having personal knowledge of such statement.

(5) If a harbour authority fail to furnish any particulars, plan, document or verification which they are required by the Minister under this section to furnish, the Minister may, on the ground of the failure and without prejudice to his discretion to make or refuse to make a harbour works order, refuse the application in relation to which the particulars, plan, document or verification were so required.

(6) There shall be paid to the Minister by a harbour authority applying under this section for a harbour works order such fee as the Minister, with the consent of the Minister for Finance, may fix.

(7) The following provisions shall have effect in relation to a fee payable under subsection (6) of this section:

(a) the fee shall be collected and taken in such manner as the Minister for Finance may direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and

(b) the Public Offices Fees Act, 1879, shall not apply in respect of the fee.

139 Surveys and inspections.

139.—(1) The Minister may, if and whenever he so thinks fit, cause to be made—

(a) a survey of the intended site of any works which a harbour authority propose to construct, and

(b) an inspection of any works when completed or in course of construction by a harbour authority.

(2) The cost of a survey or inspection under this section shall be borne by the harbour authority who have constructed or propose to construct the works in respect of which the survey or inspection is made, and such cost shall be recoverable from the harbour authority by the Minister as a simple contract debt in any court of competent jurisdiction.

140 Duty of harbour authority to prevent danger to navigation in respect of works.