Harbours Act , 1946

140.—(1) Where any works completed by a harbour authority or in course of construction, extension or repair by a harbour authority below the level of high water mark are so placed as to be dangerous to navigation or any works completed by a harbour authority have suffered such damage or decay as to be dangerous to navigation, it shall be the duty of the harbour authority, at or near the extremities of the works, to lay down and maintain such buoys, to exhibit and keep burning such lights and to do such other things to lessen danger to navigation as the general lighthouse authority may from time to time approve or direct under the subsequent provisions of this section.

(2) The general lighthouse authority may, on the application of the harbour authority concerned or without any such application, approve of means taken under this section to lessen danger to navigation in respect of any works, or may disapprove of such means, and may direct such harbour authority to take such other means for that purpose, in lieu of or in addition to the means already taken, as the general lighthouse authority think necessary or proper.

141 Penalty for obstruction or interference in connection with harbour works order.

141.—A person who obstructs or interferes with the carrying out of the provisions of a harbour works order 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 IX. Contracts and Tenders.

142 Contracts.

142.—(1) A harbour authority may enter into any contract which they think proper in connection with any of the following matters:

(a) the administration of their harbour,

(b) the carrying out of any harbour works order,

(c) the dredging of any harbour and the approaches thereto,

(d) the discharge of any of the functions given to the harbour authority by or under this Act.

(2) The following provisions shall have effect in relation to a contract made by a harbour authority in respect of the carrying out of any constructional or building work whether pursuant to a harbour works order or otherwise or in respect of dredging:

(a) where the consideration for the contract exceeds fifty pounds, the contract shall be in writing and sealed with the common seal of the harbour authority;

(b) the contract shall specify—

(i) the consideration therefor,

(ii) the time or times within which the contract is to be performed, and

(iii) a pecuniary penalty to be paid in case the terms of the contract are not duly performed.

(3) A harbour authority may compound for any sum they think proper, with any person who is a party to a contract made by them, in respect of any penalty incurred either by such harbour authority or such person by reason of the non-performance of the contract or any term thereof, whether the penalty is due under the contract or under any bond or other security.

143 Regulations as to tenders.

143.—(1) The Minister may make regulations in relation to a harbour authority with respect to tenders.

(2) Regulations under this section may, in particular, contain all or any of the following provisions:—

(a) provisions specifying the classes of contracts for which tenders shall be obtained,

(b) provisions specifying the manner in which tenders shall be sought,

(c) provisions specifying the conditions subject to which tenders may be accepted,

(d) provisions specifying that, in respect of contracts the consideration for which does not exceed a specified amount, tenders need not be sought,

(e) provisions requiring estimates of the cost of carrying out any works to be obtained.

PART X. Miscellaneous.

144 Harbour authorities to be bodies corporate.

144.—A harbour authority shall be a body corporate by the name by which they are mentioned in the First Schedule to this Act and shall have perpetual succession and a common seal (which shall be judicially noticed) and power to sue and be sued in the said name and to hold and dispose of land.

145 Preservation of continuity of existence of harbour authority.

145.—The continuity of the existence of a harbour authority shall not be affected by the passing of this Act or by the change in their membership pursuant to this Act, and accordingly the following shall not be affected by such passing or change in membership save as otherwise provided by this Act:

(a) property and assets of the harbour authority,

(b) debts and liabilities of the harbour authority,

(c) mortgages, debentures, stock and other securities issued by the harbour authority,

(d) contracts and agreements entered into by the harbour authority,

(e) legal proceedings to which the harbour authority are parties,

(f) officers and servants of the harbour authority,

(g) the status of the harbour authority as a pilotage authority.

146 Amendment by order of First Schedule to this Act.

146.—(1) The Minister may by order amend the First Schedule to this Act by—

(a) adding any body having control of a port or pier to the harbour authorities mentioned in the first column of Part II of that Schedule and making appropriate additions in respect thereof in the second column and (if he so thinks fit) the third column of the said Part II, or

(b) adding any harbour authority mentioned in the first column of Part II of that Schedule to those mentioned in the first column of Part I thereof and making the appropriate additions in respect thereof in the second column and (where necessary) the third column of the said Part I, and the appropriate consequential deletions in Part II of the said Schedule, or

(c) in the case of a harbour authority mentioned in the first column of Part I or Part II of that Schedule in respect of which a chamber of commerce is mentioned in the third column of such Part opposite the mention in the said first column of the harbour authority, deleting the mention of the chamber of commerce and, if he so thinks proper, substituting in lieu thereof a mention of a different chamber of commerce, or

(d) in the case of a harbour authority mentioned in the first column of Part I or Part II of that Schedule in respect of which a chamber of commerce is not mentioned in the third column of such Part opposite the mention in the said first column of the harbour authority, inserting a mention of a chamber of commerce in such third column opposite such mention of the harbour authority, or

(e) in the case of a harbour authority mentioned in the first column of Part II of that Schedule, deleting in the second column of the said Schedule opposite the mention in the said first column of the harbour authority the mention of a local authority and substituting in lieu thereof the mention of a different local authority.

(2) An order under this section may include such supplemental and ancillary provisions (including provisions modifying this Act or any other enactment) as the Minister thinks proper.

(3) An order under this section shall have effect in accordance with its terms and this Act (including this section) shall be construed and have effect accordingly.

(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and, if a resolution annulling such order is passed by either such House within the next twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

147 Principal office.

147.—A harbour authority shall maintain a principal office at or within three miles of their harbour.

148 Opposing of private bills.

148.—A harbour authority may, with the consent of the Minister, oppose any private bill in the Oireachtas.

149 Insurance.

149.—A harbour authority may insure against all risks which are ordinarily the subject of insurance (including risks in respect of goods of which they are not the owners but which are under their control).

150 Books, etc., to be open for inspection.

150.—The books, records and documents of a harbour authority shall be kept open by them at all reasonable times for inspection, free of charge, by any member of the harbour authority.

151 Superannuation schemes.

151.—(1) A harbour authority mentioned in Part I of the First Schedule to this Act shall, within two years after the passing of this Act, prepare and submit to the Minister a scheme (in this section referred to as a superannuation scheme) for the payment of superannuation and other like allowances (including gratuities) to or in respect of the officers and established staff of the harbour authority.

(2) Under subsection (1) of this section, a harbour authority, in lieu of preparing and submitting a single superannuation scheme, may divide their officers and established staff into different categories (defined in such manner and by reference to such things as the harbour authority think proper) and prepare and submit a separate scheme in respect of each such category.

(3) A harbour authority mentioned in Part II of the First Schedule to this Act may, if they so think proper, prepare and submit to the Minister a scheme (in this section also referred to as a superannuation scheme) for establishing a superannuation fund for the benefit of the officers and established staff of the harbour authority, or any category (defined in such manner and by reference to such things as the harbour authority think proper) of such officers and established staff.

(4) Where a superannuation scheme is submitted under this section by a harbour authority to the Minister, the Minister may refer the scheme back to the harbour authority for reconsideration and fresh submission or by order confirm the scheme either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper.

(5) A harbour authority may whenever they think proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of sub section (4) of this section shall apply and have effect in relation to every amending superannuation scheme.

(6) Before confirming any superannuation scheme or amending superannuation scheme, the Minister shall consider all representations made to him in writing in respect thereof by parties appearing to him to be interested therein.

(7) The Minister shall not approve of any superannuation scheme or amending superannuation scheme submitted by a harbour authority mentioned in Part II of the First Schedule to this Act unless he is satisfied that the financial position of the harbour authority is such as to justify the operation of the scheme.

(8) A superannuation scheme or amending superannuation scheme shall not become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall (without prejudice to subsection (9), where applicable, of this section) as on and from that date have the force of law in the form in which it was confirmed.

(9) A superannuation scheme shall contain provisions under which any officer or member of the established staff of the harbour authority concerned to whom the scheme would, but for this subsection, apply and who was in the service of the harbour authority immediately before the coming into operation of the scheme may accept within a specified period the provisions of the scheme and, unless and until he so accepts, the scheme shall not apply to him and he shall retain (whether on his own behalf or, where appropriate, both on his own behalf and on behalf of his widow (should he die), his children or other members of his family) the benefit of all such provisions relating to superannuation and other like allowances (including gratuities) as applied in relation to him immediately before the coming into operation of the scheme.

(10) Where a superannuation scheme is in force, the harbour authority concerned shall not grant a superannuation or other like allowance (including a gratuity) to or in respect of a person to whom the scheme applies except under the scheme.

(11) Where—

(a) an allowance or gratuity is payable by a harbour authority (in this section referred to as the paying authority) to any person under a superannuation scheme in respect of his ceasing to hold office under them, and

(b) in ascertaining his service at the date of such cesser any service under another harbour authority (in this section referred to as the contributing authority) has, in accordance with that scheme, been aggregated and reckoned, and

(c) at any time during which he was in the service of the contributing authority there was in force in relation to the contributing authority a superannuation scheme applying to him,

then, the contributing authority shall refund to the paying authority a part of the allowance or gratuity reckoned in the prescribed manner.

152 Charges for use of graving dock.

152.—(1) A harbour authority may make charges for the use of a graving dock provided by them 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 for the use of a graving dock in accordance with a scale of charges fixed by them, such scale of charges shall be regarded for the purposes of subsection (1) of this section as having been duly fixed under that subsection.

153 Requirements as to dredging.

153.—The Minister may from time to time require a harbour authority—

(a) to submit to him proposals for the dredging (either, as the Minister may direct, by themselves or by a specified person) of their harbour or the approaches thereto,

(b) to have the dredging of their harbour or the approaches thereto carried out in a specified manner (either, as the Minister may direct, by themselves or by a specified person),

and it shall be the duty of a harbour authority to comply with every requirement under this section relating to them.

154 Facilities for aircraft.

154.—A harbour authority may provide facilities for aircraft using their harbour and may make for such facilities such charges as, with the consent of the Minister, they may fix from time to time.

155 Aerodromes.

155.—A harbour authority may, with the consent of the Minister, make and carry out such agreements as they consider expedient with any person or persons for the use of their harbour or any part thereof as an aerodrome.

156 Officer or servant acting by authority of harbour master, etc.

156.—Where any power or duty is conferred or imposed by this Act on the harbour master or collector of rates of a harbour, such power or duty may be executed or performed by any officer or servant of the harbour authority authorised in that behalf by the harbour master or collector of rates (as the case may be), and whenever any such power or duty is executed or performed, the harbour master, collector of rates or other officer or servant executing or performing the power or duty, may either act alone or be accompanied by such assistants as he considers proper.

157 Lease by harbour authority.

157.—(1) A harbour authority may lease any of their lands or premises for any period not exceeding two hundred years, but no such lease shall be made for a period exceeding ten years without the consent of the Minister.

(2) A lease made under this section by a harbour authority shall, without prejudice to the inclusion therein of any other provisions, provide—

(a) that if at any time the harbour authority require the land or premises comprised in the lease for the improvement of their harbour, they shall, upon payment of such compensation as, in default of agreement, may be fixed by an arbitrator, be entitled to obtain possession thereof in like manner as if the term of the lease had expired,

(b) that if at any time the harbour authority are satisfied that the lands or premises comprised in the lease are not being put to some bona fide use, they shall be entitled to obtain possession thereof in like manner as if the term of the lease had expired.

158 Acquisition of land or premises by agreement.

158.—A harbour authority may, with the consent of the Minister, acquire (either permanently or temporarily) any land or premises by agreement.

159 Sale of surplus land or premises.

159.—A harbour authority may, with the consent of the Minister, sell any of their lands or premises which are not required by them for the purposes of their harbour.

160 Furnishing of information to the Minister.

160.—The Minister may at any time require a harbour authority to furnish to him information in such form as he directs in relation to all or any of the following matters and it shall be the duty of the harbour authority to comply with such requirement:

(a) the number and total tonnage of vessels, either generally or of any specific class, which have berthed in or otherwise used the harbour of the harbour 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 the harbour authority in respect of such vessels and such cargo respectively;

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

(f) the assets and liabilities (if any) of the harbour 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.

161 Joint works.

161.—(1) A harbour authority may, with the consent of the Minister, make and carry out an agreement with one or more than one person to undertake jointly with such person or persons the doing of anything in relation to the harbour of the harbour authority which the harbour authority are for the time being authorised by law to do.

(2) A harbour authority may pay such proportion of the cost of anything undertaken jointly with a person or persons in pursuance of an agreement under this section as is specified in the agreement.

(3) The proportion payable by a harbour authority of the expenses chargeable to revenue account of any joint committee or like body set up in pursuance of an agreement under this section shall be paid by the harbour authority as part of their working and establishment expenses.

162 Certain reclaimed lands to enure to the State.

162.—Where any part belonging to the State of the bed or shore of a harbour or of the sea is reclaimed by a harbour authority, the part so reclaimed shall enure to the State.

163 Cables, pipes and wires under or over tidal waters.

163.—A cable, pipe or wire laid or placed by a harbour authority under or across any tidal water shall be so laid or placed at such depth under or at such height over the tidal water that it does not interrupt or interfere with navigation.

164 Local inquiries.

164.—(1) The Minister may at any time direct that a local inquiry be held into any of the following matters:

(a) the performance by a harbour authority of their powers, functions and duties;

(b) the finances of a harbour authority;

(c) the condition of the harbour of a harbour authority;

(d) the rates charged by a harbour authority;

(e) the accommodation and facilities provided by a harbour authority;

(f) any complaint as to the operation of any bye-law of a harbour authority;

(g) any complaint as to the conduct of an officer or servant of a harbour authority;

(h) any matter in respect of which the Minister is authorised by any other section of this Act to direct a local inquiry;

(i) any other matter whatsoever relating to a harbour authority in respect of which the Minister is of opinion that a local inquiry should be held.

(2) The following provisions shall have effect in relation to a local inquiry held under this Act:

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

(b) the harbour authority to whom the inquiry relates shall give notice in such manner as the Minister directs of the holding of the inquiry to the public and to such particular persons as the Minister specifies;

(c) the person holding the inquiry may, if he so thinks proper, exclude the public from the inquiry, but every person who, in the opinion of the person holding the inquiry, is interested in the subject matter of the inquiry shall be entitled to attend and be heard thereat;

(d) the person holding the 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 (which may be served personally or by post) 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;

(e) if any person—

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

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

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

(f) a witness before the inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court;

(g) all expenses incurred by the Minister in holding the inquiry 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 directs, 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 simple contract debt in any court of competent jurisdiction;

(h) the expenses incurred by a harbour authority in causing notice of the inquiry to be given in pursuance of this section shall be paid by such person as the Minister directs and (if such person is not such harbour authority) shall be recoverable by such harbour authority from such person as a simple contract debt in any court of competent jurisdiction;

(i) the person holding the inquiry 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 the inquiry to be paid by any other person who appears or was represented at the inquiry;

(j) where the person holding the inquiry 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.

(3) Where a harbour authority fail to give a notice directed by the Minister to be given by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself give 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.

165 Travelling expenses of members of harbour authority.

165.—(1) Subject to the provisions of this section, a harbour authority shall defray the expenses of locomotion incurred by each of their members in travelling to and from meetings of the harbour authority and of any committee appointed by the harbour authority.

(2) A person shall not be paid under this section travelling expenses in respect of a meeting held at a place less than five miles by any route from his official residence.

(3) The amount of travelling expenses paid under this section to a person in respect of a particular meeting shall not exceed the amount which would reasonably have been incurred by him in travelling from his official residence to the place of the meeting and from the place of the meeting to his official residence.

(4) A member of a harbour authority shall, immediately after becoming such member, communicate in writing to the harbour authority the address of the place at which he ordinarily resides and that place shall be regarded as his official residence for the purposes of this section.

(5) This section shall not apply to any meeting of a harbour authority held before the second Thursday in the month of October in the year appointed under section 6 of this Act in relation to that harbour authority.

166 Provision of free transport.

166.—A harbour authority may provide transport free of charge for their officers and servants while such officers and servants are travelling to and from places where they are carrying out their duties.

167 Payments for reception of certain persons, etc.

167.—(1) A harbour authority may as part of their working and establishment expenses make reasonable payments for or in connection with—

(a) the reception of and extending of hospitality to members, directors or officers of other port or harbour authorities or of any public authority or body or any company having interests of a professional or business character similar to the interests of the harbour authority or with whom the harbour authority have or contemplate having professional or business relations, and

(b) visits by way of official courtesy by or on behalf of the harbour authority to any such authority, body or company as aforesaid,

including payments for travelling expenses and other expenses reasonably incurred by or on behalf of any member or officer of the harbour authority in connection with any of the matters aforesaid.

(2) The total amount which a harbour authority pay under this section in any period shall not exceed the amount sanctioned for the time being in respect of the harbour authority by the Minister for that period.

168 Certain prohibitions or restrictions in contracts of tenancy to be void.

168.—(1) Where by or under a contract of tenancy, whether made before or after the passing of this Act, of any lands or premises to which this section applies, the carrying on upon such lands or in such premises of any shipping business or any other business or trade incidental to the use of a port purports to be prohibited or restricted in any manner, such prohibition or restriction shall be void and of no effect.

(2) This section does not apply to any private residence or to any lands or premises belonging to the State or a harbour authority but, save as aforesaid, it applies to all lands and premises situated within a distance of one quarter of a mile from the limits of a harbour.

169 Granting of leases by the Circuit Court.

169.—(1) A person (in this section referred to as the applicant) who desires to obtain a lease of any lands or premises to which this section applies for the purpose of carrying on any shipping business or any other business or trade incidental to the use of a port may apply to the Circuit Court (in this section referred to as the Court) for a lease under this section of such lands or premises.

(2) Where an application is made to the Court under this section, the Court shall, before proceeding with the hearing of the application, be satisfied that all proper parties have notice of the application, and for that purpose the Court may direct such inquiries to be made and notices to be served as it thinks proper and, in particular, may direct any such notice to be served by advertisement.

(3) Where, on the hearing of an application under this section, the Court is satisfied, having regard to all the circumstances of the case, that it is reasonable and proper that a lease should be made under this section to the applicant of all or any part of the lands or premises to which the application relates, the Court may direct such lease to be made accordingly.

(4) The following provisions shall have effect in respect of a lease made under this section:

(a) the lease shall be made for such term, not exceeding thirty years, as the Court directs, commencing on such date as the Court fixes;

(b) the lease shall reserve such rent or rents to such persons as the Court directs;

(c) where the Court so directs, the lease shall be expressed as a lease and a series of reversionary leases;

(d) the lease shall contain such covenants and conditions as the Court directs;

(e) the parties to the lease shall be such persons as the Court directs;

(f) the draft of the lease shall be settled and approved of by the Court.

(5) Where a person who is directed by the Court to be a party to a lease under this section is, by reason of his being a trustee, personal representative or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life, or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of being a party to the lease under this section for the purposes directed by the Court, the Court may by order empower such person to be a party to such lease for those purposes and to execute such lease accordingly.

(6) Where a person who is directed by the Court to be a party to a lease under this section is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute the lease, the Court may appoint an officer of the Court to execute the lease for and in the name of such person, and thereupon the execution of the lease by that officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.

(7) All costs and expenses of or incidental to an application to the Court under this section and of or incidental to the preparation, execution and completion of the lease (if any) made in pursuance of such application shall, unless the Court for special reasons otherwise directs, be borne and paid by the applicant.

(8) This section shall not apply to any private residence or to any lands or premises belonging to the State or a harbour authority but, save as aforesaid, it applies to all lands or premises which for the time being are not being put to some bona fide use and which are situated within a distance of one quarter of a mile from the limits of a harbour.

170 Right to enter or leave harbour.

170.—Any member of the Garda Síochána, officer of customs and excise, or officer of a Minister of State shall, while acting in the execution of his duty as such member or officer, have the right to enter or leave any part of a harbour.

171 Production of certain books and documents to officer of customs and excise.

171.—(1) Any officer of customs and excise may, for the purpose of obtaining information necessary for the performance of his duties in relation to a vessel which has arrived within or departed from within the limits of a harbour or in relation to the cargo on any such vessel, require the harbour authority for the harbour to produce for his inspection all such books and documents relating to the vessel or cargo as he may reasonably require and to permit him to take copies of or extracts from such books and documents.

(2) If a harbour authority on whom a requirement has been made under this section fail to comply with the requirement within a reasonable time, they shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

172 Free passage for persons using lifeboats.

172.—Persons using a lifeboat shall have a right of free passage into, through and out of a harbour.

173 Restrictions on appointment to office of profit, etc.

173.—A harbour authority shall not appoint to an office of profit, or employ, a person—

(a) while such person is a member of the harbour authority, or

(b) within twelve months after such person has ceased to be a member of the harbour authority, or

(c) within ten years after such person has been convicted of an offence under section 26 of this Act.

174 Obligations in respect of proposal for illegal payment, etc.

174.—(1) Whenever a proposal made at a meeting of a harbour authority would cause an illegal payment to be made out of the funds of the harbour authority or would be likely to result in a deficiency or loss in or to such funds, it shall be the duty of (as the case may be) the General Manager or the secretary (or, where such manager or secretary is not present, of the officer of the harbour authority present on his behalf) to make objection to the proposal and to state the grounds of the objection.

(2) Whenever an objection is made under this section to a proposal made at a meeting of a harbour authority, there shall be entered on the minutes of the meeting—

(a) a record of the objection having been made,

(b) the grounds of the objection, and

(c) where a decision is taken on the proposal, a statement in respect of each member of the harbour authority present as to whether he voted for the proposal, against the proposal, or abstained from voting.

175 Service of document on harbour authority.

175.—Any notice or other document required to be served on or given to a harbour authority may be sent by post in an envelope addressed to the harbour authority or to the General Manager or the secretary (as the case may be) at the principal office of the harbour authority or may be delivered to an officer of the harbour authority at such principal office.

176 Authentication of document.

176.—Any notice or other document required to be authenticated by a harbour authority shall be sufficiently authenticated if signed by any two members of the harbour authority or by the General Manager or the secretary (as the case may be).

177 Prosecution of offences.

177.—(1) An offence under this Act alleged to have been committed by a harbour authority may be prosecuted by or at the suit of the Minister.

(2) An offence under this Act alleged to have been committed by a person other than a harbour authority may be prosecuted by or at the suit of either the Minister or the harbour authority concerned.

178 Provisions in respect of certain roads.

178.—(1) Where immediately before the passing of this Act a harbour authority maintained any roads—

(a) the Minister, if he so thinks fit, may, with the consent of the Minister for Local Government and Public Health, by order declare that the harbour authority shall cease to maintain the roads, and that the roads shall be maintained by a specified local authority, and

(b) unless and until such order comes into operation, the harbour authority shall continue to maintain the roads in like manner as before the passing of this Act.

(2) Where immediately before the passing of this Act a harbour authority contributed to the maintenance by a local authority of any roads—

(a) the Minister, if he so thinks fit, may, with the consent of the Minister for Local Government and Public Health, by order declare that the harbour authority shall cease to contribute to the maintenance by the local authority of the roads, and

(b) unless and until such order comes into operation, the harbour authority shall continue to contribute to the maintenance by the local authority of the roads in like manner as before the passing of this Act.

(3) An order made under this section in relation to a harbour authority may contain such supplemental and ancillary provisions as the Minister thinks proper, including, in particular, provisions providing for the payment by the harbour authority of compensation to the local authority specified in the order.

(4) An order under this section shall have the force of law in accordance with its terms.

179 Provisions in respect of certain policing powers.

179.—(1) Where, immediately before the passing of this Act, a harbour authority had any powers in respect of the policing of their harbour, the following provisions shall have effect:

(a) if the said powers were then being exercised—

(i) the Minister for Justice, if he so thinks fit, may, after consultation with the Minister for Finance, by order declare that the said powers shall cease and that the policing of the harbour shall be carried out by the Garda Síochána, and

(ii) unless and until such order comes into operation and notwithstanding any other provision of this Act, the said powers, and the duties, powers and obligations of any constables or other officers duly appointed by the harbour authority in exercise of the said powers, shall continue in like manner as before the passing of this Act;

(b) if the said powers were not then being exercised they shall cease upon the passing of this Act.

(2) Where an order is made under subsection (1) of this section in relation to a harbour authority, the Minister may, with the consent of the Minister for Finance, by order provide for compensation (to be paid or borne by such harbour authority) for the constables or their officers whose services will be dispensed with in consequence of the first-mentioned order and who have not reached the normal age of retirement.

(3) An order under this section shall have the force of law in accordance with its terms.

180 Grand Canal Docks and Royal Canal Docks.

180.—The docks adjoining the harbour of the Dublin Port and Docks Board and known as the Grand Canal Docks and the Royal Canal Docks shall be deemed to be within the limits of that harbour for the purposes of sections 94, 111, 112 and 117 of this Act.

181 Abolition of water bailiff's fees at Waterford Harbour.

181.—(1) In this section the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Waterford.

(2) The Minister may, if he so thinks fit, by order declare that, on and from a specified day,—

(a) the charges commonly known as water bailiff's fees chargeable at Waterford Harbour shall cease to be charged, and

(b) any obligations of the Corporation (whether acquired under charter or by statute or otherwise) whereof the said fees or any part thereof were in consideration shall cease.

(3) The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Waterford Harbour Commissioners to the Corporation of such sum as the Minister thinks proper towards compensating the Corporation for loss sustained by them owing to the operation of the order.

(4) An order under this section shall have the force of law in accordance with its terms.

182 Abolition of city dues at Dublin Harbour.

182.—(1) In this section the expression “the Corporation” means the Lord Mayor, Aldermen and Burgesses of Dublin.

(2) The Minister may, if he so thinks fit, by order declare that, on and from a specified day,—

(a) the charges commonly known as City dues chargeable at Dublin Harbour shall cease to be charged, and

(b) any obligations of the Corporation (whether acquired under charter or by statute or otherwise) whereof the said dues or any part thereof were in consideration shall cease.

(3) The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Dublin Port and Docks Board to the Corporation of such sum as the Minister thinks proper towards compensating the Corporation for loss sustained by them owing to the operation of the order.

(4) An order under this section shall have the force of law in accordance with its terms.

183 Abolition of cocket and entry tax at Cork Harbour.

183.—(1) In this section the expression “the Company” means the body corporate known as the Commercial Buildings Company of Cork.

(2) The Minister may, if he so thinks fit, by order declare that, on and from a specified day,—

(a) the rates and duties, chargeable under the British statute passed in the year 1814 and entitled an Act to raise a fund for defraying the charge of commercial improvements, within the city and port of Cork, in Ireland, shall cease to be charged, and

(b) any obligations of the Company (whether acquired under charter, or by statute or otherwise) whereof the said rates and duties or any part thereof were in consideration shall cease.

(3) The order under this section may contain such supplemental and ancillary provisions as the Minister thinks proper, including provision for the payment by the Cork Harbour Commissioners to the Company of such sum as the Minister thinks proper towards compensating the Company for loss sustained by them owing to the operation of the order.

(4) An order under this section shall have the force of law in accordance with its terms.

184 Special provisions with respect to certain sinking funds of Cork Harbour Commissioners.

184.—Where the amount in a sinking fund maintained by the Cork Harbour Commissioners in relation to any mortgages and stock made or issued by them before the passing of this Act equals or exceeds the amount remaining due in respect of the mortgages together with the nominal value of so much of the stock as remains outstanding, any obligation of the Commissioners to make further contributions to the sinking fund shall cease.

185 Provisions in respect of certain interests in river beds.

185.—Where immediately before the passing of this Act, a local authority had any interest in a part within the limits of a harbour of the bed of any river, such part shall, by virtue of this section,—

(a) in case the local authority had, before the 1st day of January, 1946, properly granted any lease or other interest in respect of such part for a term remaining unexpired at the passing of this Act—be transferred to and vested in the State upon the expiration of such term, and

(b) in any other case—be transferred to and vested in the State upon the passing of this Act.

186 Skerries Harbour and Balbriggan Harbour.

186.—(1) This Act shall apply in relation to Skerries Harbour, and Balbriggan Harbour subject to the following modifications:

(a) there shall not be a separate harbour authority of either Skerries Harbour or Balbriggan Harbour but the Dublin Port and Docks Board (in this section referred to as the Board) shall also be the harbour authority of Skerries Harbour and the harbour authority of Balbriggan Harbour,

(b) the harbour master of Dublin Harbour shall also be the harbour master of Skerries Harbour and of Balbriggan Harbour,

(c) the collector of rates of Dublin Harbour shall also be the collector of rates of Skerries Harbour and of Balbriggan Harbour,

(d) all moneys received by the Board shall be expendible indifferently in respect either of Dublin Harbour, Skerries Harbour or Balbriggan Harbour,

(e) the principal office of the Board at Dublin shall also be their principal office as respects Skerries Harbour and Balbriggan Harbour.

(2) Nothing in this section shall affect an indenture made on the 19th day of January, 1878, between Ian Trant Hamilton of Abbotstown in the County of Dublin, Esquire, M.P., of the first part, James Alexander Hamilton of Number 56 Fitzwilliam Square in the City of Dublin, Esquire, of the second part, and the Dublin Port and Docks Board of the other part, and the said indenture shall have the like force and effect after the passing of this Act as it had before such passing.

187 Contributions towards expenses of pilotage authorities.

187.—A harbour authority which is a pilotage authority may make such contributions towards the expenses incurred by them in their capacity as such pilotage authority as, with the consent of the Minister, they may determine.

188 Audit of accounts of pilotage authorities.

188.—(1) The accounts of a pilotage 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 pilotage 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) An appointment of an auditor made by a pilotage authority before the passing of this Act shall terminate on such date as may be specified in that behalf by the Minister.

189 Restriction of application of certain enactments.

189.—(1) Neither paragraph 4 of section 10 of the Petty Sessions (Ireland) Act, 1851, nor subsection (1) of section 683 of the Merchant Shipping Act, 1894, shall apply in respect of proceedings for recovery of pilotage dues.

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

190 Provisions in regard to the enactments mentioned in the Third Schedule.

190.—(1) So much of any enactment mentioned in the Third Schedule to this Act or of any order, regulation or other instrument made thereunder as is inconsistent with any enactment contained in this Act or in any order, regulation or other instrument made under this Act, shall cease to have effect as on and from the coming into operation of such last mentioned enactment.

(2) The Minister may, if and whenever he so thinks proper, make by order all such adaptations of the whole or any part of any enactment mentioned in the Third Schedule to this Act or of any order, regulation or other instrument made thereunder (not being an enactment, order, regulation or other instrument or part thereof which has, by virtue of subsection (1) of this section, ceased to have effect) as are, in the opinion of the Minister, necessary or proper having regard to the provisions of this Act.

(3) For the purposes of subsection (1) of this section, the following enactments shall, in particular, be regarded as not inconsistent with any enactment contained in this Act or in any order, regulation or other instrument made under this Act:

(a) sections 4 and 7 of the Wicklow Harbour Advances Act, 1897,

(b) section 47 of the Galway Harbour Act, 1935 (No. 2 (Private) of 1935).

191 Cesser of application of Acts mentioned in the Fourth Schedule.

191.—The Acts mentioned in the Fourth Schedule to this Act shall cease to apply in relation to any harbour authority.

FIRST SCHEDULE. Harbour Authorities.

Harbour Authority	Local Authority or Local Authorities	Chamber of Commerce or Chambers of Commerce
Cork Harbour Commissioners.	The Lord Mayor, Aldermen and Burgesses of Cork. The council of the urban district of Cobh.	Cork Chamber of Commerce. Cork Incorporated Chamber of Commerce and Shipping.
Dublin Port and Docks Board.	The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin.	Dublin Chamber of Commerce.
Limerick Harbour Commissioners.	The Mayor, Aldermen and Burgesses of Limerick.	Limerick Chamber of Commerce.
Waterford Harbour Commissioners.	The Mayor, Aldermen and Burgesses of Waterford.	Waterford Chamber of Commerce.
Harbour Authority	Local Authority or Local Authorities	Chamber of Commerce
---	---	---
Annagassan Pier Commissioners.	The council of the county of Louth.
Arklow Harbour Commissioners.	The council of the county of Wicklow. The council of the urban district of Arklow.	Arklow Chamber of Commerce.
Ballyshannon Harbour Commissioners.	The council of the county of Donegal.
Baltimore and Skibbereen Harbour Commissioners.	The council of the county of Cork. The council of the urban district of Skibbereen.
Buncrana Harbour Commissioners.	The council of the county of Donegal. The council of the urban district of Buncrana.
Dingle Harbour Commissioners.	The council of the county of Kerry.
Drogheda Harbour Commissioners.	The council of the county of Louth. The Mayor, Aldermen and Burgesses of Drogheda.	Drogheda Chamber of Commerce.
Dundalk Harbour Commissioners.	The council of the county of Louth. The council of the urban district of Dundalk.	Dundalk Chamber of Commerce (Incorporated).
Foynes Harbour Trustees.	The council of the county of Limerick.
Galway Harbour Commissioners.	The council of the county of Galway. The Mayor, Aldermen and Burgesses of Galway.	Galway Chamber of Commerce.
Killybegs Harbour Commissioners.	The council of the county of Donegal.
The council of the urban district of Kilrush.	The council of the county of Clare. The council of the urban district of Kilrush.
Kinsale Harbour Commissioners.	The council of the county of Cork. The council of the urban district of Kinsale.
New Ross Harbour Commissioners.	The council of the county of Wexford. The council of the county of Kilkenny. The council of the urban district of New Ross.	New Ross Chamber of Commerce.
River Moy Commissioners.	The council of the county of Mayo. The council of the urban district of Ballina.	Ballina Chamber of Commerce.
Sligo Harbour Commissioners.	The council of the county of Sligo. The Mayor, Aldermen and Burgesses of Sligo.	Sligo Chamber of Commerce.
Tralee and Fenit Pier and Harbour Commissioners.	The council of the county of Kerry. The council of the urban district of Tralee.
Westport Port and Harbour Commissioners.	The council of the county of Mayo. The council of the urban district of Westport.	Westport Chamber of Commerce.
Wexford Harbour Commissioners.	The council of the county of Wexford. The Mayor, Aldermen and Burgesses of Wexford.	Wexford Chamber of Commerce.
Wicklow Harbour Commissioners.	The council of the county of Wicklow. The council of the urban district of Wicklow.
The council of the urban district of Youghal.	The council of the county of Cork. The council of the urban district of Youghal.

SECOND SCHEDULE. Purposes for which Bye-laws may be made by a Harbour Authority in respect of their Harbour.

General.

Navigation.

Control of Harbour, Etc.

THIRD SCHEDULE. Enactments for which provision as respects their ceasing to have effect is made by section 190 of this Act.

Annagassan Pier and Harbour Order, 1912.

Arklow Harbour Act, 1882.

Ballyshannon Harbour Order, 1886.

Baltimore and Skibbereen Harbour Order, 1884.

Bunerana Harbour Order, 1929.

An Act for erecting a Ballast Office and for regulating Pilots within the Port and Harbour of Cork; and for rendering more safe and commodious the said Port and Harbour for all ships and vessels trading to and from the same (1 Geo. IV., c. lii).

Cork Harbour Amendment Act, 1866.

Cork Harbour Order, 1871.

Cork Harbour Act, 1875.

Cork Harbour Act, 1877.

Cork Improvement (Extension of Time) Act, 1881.

Cork Harbour Act, 1883.

Cork Harbour Order, 1889.

Cork Harbour Act, 1903.

Cork Harbour Act, 1933.

Dingle Harbour Order, 1885.

An Act for the improvement of the Port and Harbour of Drogheda (5 Vic., Sess. 2, c. lvi).

An Act for promoting the trade of Dublin by rendering its Port and Harbour more commodious (26 Geo. III., c. 19 (Ir.)).

An Act for empowering the grand juries for the county of the City of Dublin and of the County of Dublin and the Corporation to preserve and improve the Port of Dublin, etc. (52 Geo. III., c. liii).

Dublin Port Act, 1867.

Dublin Port and Docks Act, 1869.

Poolbeg Lighthouse Act, 1876.

Dublin Port and Docks Act, 1879.

Dublin Port and Docks Act, 1898.

Dublin Port and Docks Act, 1902.

Dublin Port and Docks Act, 1919.

Dublin Port and Docks Act, 1920.

Dublin Port and Docks Act, 1925.

Dublin Port and Docks Act, 1940.

Balbriggan Pier and Harbour Order, 1867.

Skerries Harbour Order, 1877.

Dundalk Harbour and Port Act, 1925.

Dundalk Harbour Order, 1933.

Foynes Harbour Order, 1890.

Foynes Harbour Order, 1932.

Galway Harbour and Port Act, 1853.

An Act to amend the Galway Harbour and Port Act, 1853 (22 and 23 Vic., c. 28).

Galway Harbour Act, 1860.

Galway Harbour (Composition of Debt) Act, 1867.

Galway Harbour Order, 1903.

Galway Harbour Order, 1930.

Galway Harbour Act, 1935.

Killybegs Pier and Harbour Order, 1891.

Killybegs Pier and Harbour Order, 1896.

Order made by the Commissioners of Public Works under the Shannon Act, 1885, on the 16th December, 1886, in the matter of Cappa Pier (Kilrush).

Kinsale Harbour Order, 1870.

Kinsale Harbour Order, 1874.

Kinsale Harbour Act, 1880.

Kinsale Harbour Order, 1892.

An Act for the erection of a bridge across the River Shannon, etc. (4 Geo. IV., c. xciv).

An Act to amend an Act ___ entitled an Act for the erection of a bridge across the River Shannon, etc. (4 & 5 Will. IV., c. lxxxiv).

Limerick Docks and Harbour Improvement Amendment Act, 1847.

Limerick Harbour (Composition of Debt) Act, 1867.

Limerick Harbour Act, 1867.

Limerick Harbour Act, 1888.

Limerick Harbour Order, 1903.

Limerick Harbour Order, 1921.

Limerick Harbour Act, 1926.

Limerick Harbour Tramways Act, 1931.

Limerick Harbour Order, 1932.

Limerick Harbour Order, 1939.

Moy Navigation Amendment Act, 1860.

New Ross Port and Harbour Amendment Act, 1861.

New Ross Port and Harbour Order, 1896.

Sligo Harbour Act, 1877.

Sligo Harbour Order, 1891.

Sligo Harbour Order, 1903.

Sligo Harbour Order, 1936.

An Act for making and maintaining a navigable cut or canal from a point at or near the Blackrock in the harbour of Tralee in the county of Kerry, to Croompanrickard near the town of Tralee in the said county; and for otherwise improving the said harbour of Tralee (9 Geo. IV., c. cxviii).

An Act to extend the time limited by an Act passed ___ for improving the navigation and harbour of Tralee in the county of Kerry (6 & 7 Will. IV., c. cxiv).

An Act to empower the Commissioners for the issue of exchequer bills for public works to complete the works authorised ___ “for improving the navigation and harbour of Tralee in the county of Kerry;” and to extend the time for that purpose (4 & 5 Vic., c. 46).

An Act to extend the time limited by an Act ___ empowering the Commissioners for the issue of exchequer bills for public works to complete the works for improving the navigation and harbour of Tralee in the county of Kerry (7 & 8 Vic., c. 99).

Tralee Canal Act, 1864.

Tralee and Fenit Pier and Harbour Order, 1880.

Tralee and Fenit Pier and Harbour Order, 1888.

Tralee and Fenit Pier and Harbour Order, 1907.

Tralee and Fenit Pier and Harbour Order, 1909.

Tralee and Fenit Pier and Harbour Order, 1920.

Tralee and Fenit Pier and Harbour Order, 1939.

An Act for improving, preserving, maintaining and better regulating the Port and Harbour of Waterford, and for other purposes relating thereto (9 & 10 Vic., c. ccxcii).

Waterford Harbour (Dry Dock) Act, 1868.

Waterford and New Ross Harbours Act, 1874.

Waterford Harbour Order, 1904.

Waterford Harbour Act, 1919.

Waterford Harbour Order, 1941.

Westport Port and Harbour Act, 1853.

Wexford Harbour Embankment Act, 1852.

Wexford Harbour Embankment Act, 1858.

Wexford Harbour Order, 1864.

Wexford Harbour Embankment Act, 1865.

Wexford Harbour Act, 1874.

Wexford Harbour Order, 1886.

Wexford Harbour Order, 1889.

Wexford Harbour Order, 1902.

Wexford Harbour Order, 1904.

An Act for making and maintaining and improving a harbour at Wicklow in the county of Wicklow (5 & 6 Vic., c. cxi).

Wicklow Harbour Act, 1851.

Wicklow Harbour Advances Act, 1897.

Wicklow Harbour (Election) Provisional Order, 1899.

Wicklow Harbour Order, 1902.

Wicklow Harbour Order, 1907.

Wicklow Harbour Order, 1916.

Youghal Harbour Order, 1878.

FOURTH SCHEDULE. Acts to cease to apply in relation to any Harbour Authority.

Harbours Act, 1814.

Commissioners Clauses Act, 1847.

Harbours, Docks, and Piers Clauses Act, 1847.

General Pier and Harbour Act, 1861.

Harbours and Passing Tolls, etc., Act, 1861.

General Pier and Harbour Act, 1861, Amendment Act, 1862.

Harbours Transfer Act, 1862.

Public Works Loans Act, 1882.

Shannon Act, 1885.