HARBOURS ACT, 1996 (1996_act_11) | IE

ISB Act 1996-05-20

Schedule 1 HARBOURS ACT, 1996 Open official source

FIRST SCHEDULE Harbours in Respect of which Companies may be Established Pursuant to Section 7 and the Names of the Companies that may be so Established

Harbours in Respect of which Companies may be Established Pursuant to Section 7 and the Names of the Companies that may be so Established

Sections 7 and 8.

Harbour

Name of company

(1)

(2)

Arklow Harbour

Arklow Harbour Company

Cork Harbour

Port of Cork Company

Drogheda Harbour

Drogheda Port Company

Dublin Harbour

Dublin Port Company

Dundalk Harbour

Dundalk Port Company

Dún Laoghaire Harbour

Dún Laoghaire Harbour Company

Foynes Harbour

Foynes Port Company

Galway Harbour

Galway Harbour Company

New Ross Harbour

New Ross Port Company

Shannon Harbour

Shannon Estuary Ports Company

Waterford Harbour

Port of Waterford Company

Wicklow Harbour

Wicklow Port Company

ISB Act 1996-05-20

Schedule 2 HARBOURS ACT, 1996 Open official source

SECOND SCHEDULE Enactments Repealed

Enactments Repealed

Section 5(2).

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

(1)

(2)

(3)

55 Geo. 3, c. 191

Erection of harbour at Dunleary

The whole Act

56 Geo. 3, c. 62

Erection of harbour at Dunleary

The whole Act

1 Geo. 4, c. 69

Erection of harbour at Dunleary

The whole Act

6 & 7 Will. 4, c. 117

Kingstown Harbour

The whole Act

1 & 2 Vict., c. 36

Kingstown Harbour and Dublin Port and Harbour

The whole Act

9 Vict., c. 3

Fisheries (Ireland) Act, 1846

Section 70

28 & 29 Vict., c. 67

Kingstown Harbour

The whole Act

32 & 33 Vict., c. c

Dublin Port and Docks Act, 1869

Section 214

39 & 40 Vict., c. xcv

Kingstown Harbour Act, 1876

The whole Act

2 & 3 Geo. 5, c. 31

Pilotage Act, 1913

The whole Act

No. 49 of 1924

State Harbours Act, 1924

The whole Act in so far as it relates to Dún Laoghaire Harbour

No. 2 (Private) of 1929

Dublin Port and Docks (Bridges) Act, 1929

The whole Act

No. 2 of 1934

Harbours (Regulation of Rates) Act, 1934

The whole Act

No. 2 of 1962

Pilotage (Amendment) Act, 1962

The whole Act

No. 7 of 1990

Dún Laoghaire Harbour Act, 1990

The whole Act

No. 19 of 1994

Dún Laoghaire Harbour Act, 1994

The whole Act

ISB Act 1996-05-20

Schedule 3 HARBOURS ACT, 1996 Open official source

THIRD SCHEDULE Limits of Harbours and Pilotage Districts

Limits of Harbours and Pilotage Districts

Sections 9 and 57.

Part I

Limits of Harbours

The limits of the harbour of a company are set out in whichever of the following paragraphs of this Part is headed with the name of the company.

Arklow Harbour Company

1. Limits extending from the Nineteen Arches Bridge in the town of Arklow to an imaginary point 805 metres east from the tip of the South Pier and in a radius 805 metres south and 805 metres north from the said point, and including the Avoca River, Arklow Harbour and its dock and all lands and other property belonging to Arklow Harbour Company.

Port of Cork Company

2. Limits extending seaward to an imaginary straight line drawn between Power Head on the eastern approach to Cork Harbour and Cork Head on the western approach and extending landward to the Eamonn de Valera Bridge and the Michael Collins Bridge in the City of Cork.

Drogheda Port Company

3. Limits comprising the following two limits, viz—

(a) the northern limit commencing at the north east angle of the bridge at Shop Street and running in an easterly direction along the North Quays to the eastern extremity of Donor's Green, from there along the Baltray Road to the village of Baltray, from there to Aliera Beacon and along the line of the high water mark bounding the eastern shores of the townland of Baltray and terminating at Duffs Farm;

(b) the southern limit commencing at the north east angle of the bridge at Shop Street and running in a southerly direction along the east side of the said bridge to its south east angle, from there in an easterly direction along the high water mark to the Maiden Tower, from there along the high water mark of the eastern shore of the townland of Mornington to the southern extremity of Bettystown.

Dublin Port Company

4. Limits consisting of and including—

(a) the River Liffey and the quays and walls bounding the same,

(b) the walls called the North Wall, the South Wall and the East Wall, respectively,

(c) the piers, jetties, tidal basins and other works constructed by or belonging to the Dublin Port and Docks Board before the relevant vesting day,

(d) the Harbour of Dublin and the strands, bays, creeks and harbours thereof and all waters inside that area,

commencing from but excluding the Matt Talbot Memorial Bridge in the City of Dublin, and extending to an imaginary straight line drawn from the Baily Lighthouse on the north in the County of Dublin and extending through the North Burford Bank Buoy and thence through the South Burford Bank Buoy and thence to Sorrento Point on the south but excepting the limits of the harbour of Dún Laoghaire Harbour Company and excepting also the harbours of Bulloch, Coliemore and Sutton.

Dundalk Port Company

5. Limits extending to and including the river, port and harbour of Dundalk between the Bridge of Dundalk and an imaginary straight line drawn from the seaward end of Dunany Point to the seaward end of Cooley Point excepting the area within the limits of the harbour of Annagassan.

Dún Laoghaire Harbour Company

6. Limits consisting of the areas contained within and including the East and West piers of Dún Laoghaire Harbour and within 600 metres of the entrance to that harbour, together with any adjoining land, banks, inlets and havens vested in Dún Laoghaire Harbour Company and the docks, piers, jetties, quays and other works vested in that company.

Foynes Port Company

7. Limits consisting of the lands and docks, piers, jetties, quays and other works vested in Foynes Port Company together with the waters of the sea and the River Shannon bounded on the east by an imaginary straight line drawn from Durnish Point to Gammarel Point, and bounded on the west by an imaginary line drawn from Battery Point on Foynes Island in a direction 264 degrees from true north for 4.0 cables, and thence in a direction 225 degrees from true north for 6.6 cables, and thence to a point 2.8 cables due north of Mount Trenchard Point, and thence to a point north of Loghill which point is 7.4 cables south of the coast of the County of Clare on the meridian 9 degrees, 12 minutes west of Greenwich, and thence due south through the mouth of the White River at Loghill.

Galway Harbour Company

8. Limits consisting of all the waters with the bed and foreshore thereof lying within an imaginary straight line drawn from Barna Cliff to Kilcolgan Point, both in Galway Bay, and any adjoining lands, banks, inlets, havens, and landing places vested in Galway Harbour Company and the docks, piers, jetties, quays and other works vested in that company.

New Ross Port Company

9. Limits commencing at the junction of the River Barrow with the River Suir north of a line joining Drumdowney Point with Kilmokea Point and extending upriver to the entrance of the canal at St. Mullins on the River Barrow and to the Lock Quay of Innistioge on the River Nore.

Shannon Estuary Ports Company

10. Limits extending landward along the River Shannon up to and including Mallow Street Bridge in the City of Limerick and extending seaward to an imaginary straight line drawn from Loop Head in the County of Clare to Kerry Head in the County of Kerry excepting the limits of the harbour of Foynes Port Company and the piers at Kildysart, Glin, Tarbert and Cappa (Kilrush).

Port of Waterford Company

11. Limits comprising the following two limits, viz—

(a) the outward limits consisting of the waters of the sea and River Suir within an imaginary arc with radius of 6.44 kilometres drawn seaward from a point midway between Falskirt Rock and Hook Point;

(b) the inward limits are an imaginary straight line extending from a point 35 metres westward from the centre line of Killoteran Pill and due north west to a position in the townland of Licketstown on the Kilkenny side of the River Suir.

Wicklow Port Company

12. Limits comprising the following two limits, viz—

(a) the downstream limits consisting of Wicklow Harbour from an imaginary straight line drawn from the outer or northern end of the east pier to the outer end of the new pier and also the area lying below the line of high-water mark of ordinary spring tides within 457 metres from any part of that harbour;

(b) the upstream limits extending to the bridge known as the Railway or Metal Bridge across the River Leitrim.

Part II

Limits of Pilotage Districts

The limits of the pilotage district of a company are set out in whichever of the following paragraphs of this Part is headed with the name of the company.

Port of Cork Company

13. Limits comprising the following two limits, viz—

(a) the outward limits consisting of the waters within an imaginary arc with radius of 9.65 kilometres drawn seawards from Roches Point;

(b) the inward limits commencing at the Eamonn de Valera Bridge and Michael Collins Bridge in the City of Cork.

Drogheda Port Company

14. Limits consisting of the waters of the sea and River Boyne between St. Mary's Bridge in the town of Drogheda and an imaginary straight line drawn from Clogherhead in the County of Louth to Skerries in the County of Dublin.

Dublin Port Company

15. Limits consisting of the waters of the River Liffey below the Matt Talbot Memorial Bridge and so much of the sea westward of the sixth meridian as lies between the parallels of latitude passing through the Baily Lighthouse on the North and through Sorrento Point on the South including all bays, creeks, harbours and all tidal docks within such area.

Dundalk Port Company

16. Limits consisting of the waters of the Harbour and Bay of Dundalk between the Bridge of Dundalk and an imaginary straight line drawn from Gyles Quay to a position 270 degrees (true) distant 3.22 kilometres from Dunany Point.

Galway Harbour Company

17. Limits consisting of the waters of the Bay of Galway within an imaginary straight line drawn from Golan Head to the western point of the Aran Islands and thence to Hags Head, together with the docks and works of Galway Harbour Company.

New Ross Port Company

18. Limits consisting of the waters of the River Barrow from the junction of that river with the River Suir as high as the entrance to the canal at St. Mullins and of the River Nore as high as the Lock Quay of Innistioge.

Shannon Estuary Ports Company

19. Limits consisting of the waters of the sea and the River Shannon bound seawards by an imaginary straight line drawn from Loop Head in the County of Clare to Kerry Head in the County of Kerry and landwards by Mallow Street Bridge in the City of Limerick, together with the navigable waters of the tributaries connected with the said river and including all docks within this area.

Port of Waterford Company

20. Limits consisting of the waters of the sea and the River Suir within an imaginary arc with radius of 6.44 kilometres drawn seaward from a point midway between Falskirt Rock and Hook Point and an imaginary straight line drawn directly across the River Suir at Granny Castle.

ISB Act 1996-05-20

Schedule 4 HARBOURS ACT, 1996 Open official source

FOURTH SCHEDULE Provisions Relating to Compulsory Acquisition

Provisions Relating to Compulsory Acquisition

Section 16.

1. (1) Where a company (hereafter in this Schedule referred to as “the company”) proposes to acquire any land or any interest in or right over land under section 16 the company shall apply to the Minister for an order under paragraph 2 authorising the company to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.

(2) The company shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the property concerned and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the property concerned that they have a right to lodge with the Minister within 1 month of the making of the application by the company an objection to the making of an order under paragraph 2 in relation to the property and shall specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

(4) The Minister shall consider and determine any objection to the application of the company lodged with him or her within the period referred to in subparagraph (3) and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto.

2. The Minister shall, where no objection to the application of the company is lodged with him or her within the period referred to in paragraph 1 (3) or any such objection is rejected by him or her, make an order (hereafter in this Schedule referred to as an “acquisition order”) authorising the company to acquire the property concerned compulsorily in accordance with the terms of its application or subject to such modifications, if any, as he or she may determine and specifies in the acquisition order.

3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) The company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier of the land at least 1 month's previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least 1 month's previous notice in writing of its intention so to do.

4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him or her at his or her usual or last known address.

(2) Where, for any reason, the envelope cannot be so addressed, it may be adressed to the person for whom it is intended in either of the following ways—

(a) by the description “the occupier” without stating his or her name,

(b) at the land to which the notice relates.

5. (1) The company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at such place or places as the company, with the consent of the Minister, considers suitable and shall remain so deposited for at least 1 month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and public holidays.

6. (1) The amount of the price to be paid by the company for any land acquired pursuant to an acquisition order to the several persons entitled thereto or having estates or interests therein or for any right acquired pursuant to an acquisition order to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and, subject to paragraphs 7 and 8, to the conveyance to the company of the land or right acquired, and for the purpose of the application of the said provisions the company shall be deemed to be the promoters of the undertaking.

7. (1) Where the company has entered on and taken possession of land in accordance with paragraph 3 and the Minister is satisfied that—

(a) the several interests in the land have not been conveyed or transferred to the company,

(b) it is urgently necessary, in connection with the purposes for which the company has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the company has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable the company to make a proper offer for such interest,

then the Minister may make an order (hereafter in this Schedule referred to as a “vesting order”) vesting the land in the company.

(2) Where the Minister or the company, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or the company, as the case may be, shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a vesting order has been made, the company shall within 7 days after having received notification by the Minister of the making of the order—

(a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

8. (1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it relates and it shall be expressed and shall operate to vest the said land in the company in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date not earlier than 21 days after the making of the vesting order.

(2) Notwithstanding anything in subparagraph (1), where the company has acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or the Commissioners of Public Works in Ireland, the company shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Irish Land Commission or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the company by the owner thereof on that date.

(3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the company to be registered as owner of the land in accordance with the order.

ISB Act 1996-05-20

Schedule 5 HARBOURS ACT, 1996 Open official source

FIFTH SCHEDULE Election of Employee Directors

Election of Employee Directors

Section 30.

1. (1) The Secretary of the company (or a person selected by him or her after consultation with representatives of the employees) shall be the returning officer for an election of a person or persons for the purposes of paragraph (a) or (b) of section 30 (1) (hereafter in this Schedule referred to as “the election”).

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may delegate to a person such of his or her functions under this Schedule as he or she specifies and functions so delegated to a person shall be performable by that person. Subparagraph (2) shall apply to such a person.

2. (1) A poll shall be conducted for the purposes of the election where the number of candidates standing nominated in accordance with this Schedule exceeds the number of offices of director to be filled.

(2) Voting at the election shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(3) The election shall be held in accordance with such procedures (if any) as may be prescribed.

(4) The returning officer shall appoint such number of persons as he or she thinks appropriate to perform the functions of presiding officers and polling clerks at the poll conducted for the purposes of the election.

3. (1) The returning officer shall fix the nomination day for candidates at the election and give notice of the election not later than 10 weeks before that day.

(2) The day to be fixed under subparagraph (1) shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates at the election is determined in accordance with paragraphs 10 and 11, respectively.

4. (1) The returning officer shall, where only one or two persons stand nominated as a candidate or candidates in accordance with this Schedule for election to an office of director referred to in section 30 (1) (a), declare that person or, as the case may be, each of those persons to be elected to such an office.

(2) The returning officer shall, where only one person stands nominated as a candidate in accordance with this Schedule for election to the office of director referred to in section 30 (1) (b), declare that person to be elected to that office.

5. If the nomination of candidates or the poll conducted for the purposes of the election is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll.

6. On receipt of a notification from the returning officer of the name of the candidate or candidates elected, or declared to be elected under paragraph 4, the Minister shall, in accordance with section 30, appoint the candidate or, as the case may be, each of the candidates to be a director of the company.

7. The returning officer shall for the purposes of paragraph 8 prepare a list of the names of the other candidates at the election placed in order of the votes credited to each of them at the last count in which he or she was involved.

8. In choosing a person to fill a casual vacancy referred to in section 30 (3) the Minister shall select the candidate, if any, placed highest on the voting list under paragraph 7 who is an employee of the company at the time the vacancy comes to be filled. Where two or more such candidates are credited with an equal number of votes on the said list the Minister shall select one of them by lot.

9. The company shall bear the costs of holding the election other than any costs incurred by candidates expressly on their own behalf.

10. Every employee of the company who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than 18 years of age, and

(b) has been an employee of the company for—

(i) a continuous period of not less than 1 year, or

(ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the company,

shall be entitled to vote at the election.

11. (1) Every employee of the company who, on the day specified by the returning officer under paragraph 10—

(a) is not less than 18 years of age, and

(b) has been an employee of the company for—

(i) a continuous period of not less than 1 year, or

(ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the company,

shall be eligible to be nominated as a candidate at the election.

(2) Nominations shall be made in the manner specified by the returning officer.

(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. The decision of the returning officer shall be final.

12. Prior service (for a continuous period ending on the relevant vesting day) with a harbour authority or in the Department of the Marine (as the case may be) of staff transferred under section 38 to the company on the said day shall be reckonable as service with the company for the purposes of paragraphs 10 and 11.

13. The returning officer shall prepare and maintain a list of eligible voters and candidates for the purposes of this Schedule.

14. The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this Schedule.

ISB Act 1996-05-20

Schedule 6 HARBOURS ACT, 1996 Open official source

SIXTH SCHEDULE Purposes for which Bye-Laws may be made under Sections 42 and 71

Purposes for which Bye-Laws may be made under Sections 42 and 71

Sections 42 and 71.

Part I

Harbour Bye-Laws

General

1. Regulating the use of the harbour or any docks, graving docks or quays within the harbour.

2. Regulating the exercise of the powers of the harbour master.

3. Regulating the admission of ships into the harbour or the vicinity thereof and their removal therefrom, and providing for the good order and government of ships while within the harbour.

4. Regulating the shipping and unshipping, loading, warehousing, stowing, depositing and removal of goods within the harbour.

5. Regulating the hours during which the gates of or entrances or outlets to any docks or quays within the harbour shall be open.

6. Regulating the duties and conduct of all persons (including the staff of the company but not members of the Garda Síochána or officers of any Minister of the Government acting in exercise of their duty) employed within the harbour.

7. Regulating the use of fires and lights within the harbour and in any ships lying within the harbour and preventing damage or injury to ships or goods within the harbour or in any premises of the company.

8. Regulating the use of cranes, weighbridges, weights and measures belonging to the company.

9. Preventing obstructions of any kind or interference with traffic within the harbour or on any of the property of the company.

Navigation

10. Providing that the master of a ship within the harbour shall regulate the ship according to the directions of the harbour master.

11. Providing that before a ship enters any docks or graving docks or approaches any quays within the harbour, the master of the ship shall cause the ship to be dismantled as directed by the harbour master.

12. Requiring ships entering into or departing from the harbour to keep to the proper and usual side of any navigable channel.

13. Regulating the rate of speed of ships within the harbour or within any specified portion of the harbour or in any special circumstances, requiring ships to stop or slow their engines at specified times or places and regulating the taking on board, landing or putting down of passengers.

14. Regulating the towing of ships within the harbour, the size and number of ships to be towed in one train by one or more than one tugboat, the speed at which the tugboats shall proceed (whether towing or not), the order and manner in which the towage shall be given and the duties and conduct of persons employed in or on the tugboats.

15. Regulating the berthing and removing of ships lying within any part of the harbour and regulating the conduct and behaviour of boatmen, stevedores and others employed at or resorting to the harbour, whether in the employment of the company or not.

16. Specifying the times and conditions under which ships may be swung or wound within the harbour and preventing other ships from casting loose or from passing up or down any navigable channel or other place within the harbour while any ship is in the act of swinging or winding.

17. Requiring ships that may happen to take the ground in a navigable channel within the harbour to adopt and exercise all reasonable precautions by the stationing of a lookout, the use of flags and otherwise to the satisfaction of the harbour master or as may be specified.

18. Requiring the master of a ship casting anchor within the harbour to cause a buoy to be fastened forthwith to the anchor in such manner that it may be plainly seen where the anchor has been cast.

Control of Harbour, etc.

19. Preventing and removing obstructions or impediments in or on docks, quays, works and roadways within the harbour.

20. Regulating the moving of persons, vehicular traffic and animals along any quays or docks within the harbour.

21. Requiring the master of a ship within the harbour to moor, unmoor, place or remove the ship according to the directions of the harbour master, or if there be no person on board the ship to attend to such directions, to authorise the harbour master to cause the ship to be moored, unmoored, placed or removed as he or she thinks fit.

22. Providing that a ship, except with the permission of the harbour master, shall not lie or be moored in the entance to the harbour or any dock or graving dock within the harbour.

23. Providing that a ship within the harbour shall, when so required by the harbour master, have substantial towlines and fasts fixed to the dolphins, booms, buoys or mooring posts.

24. Requiring ships loading or discharging cargoes to be furnished with such gangways, planks, hand rails and other appliances as the harbour master may consider necessary.

25. Providing that the master of a ship entering within the harbour for the purpose of discharging cargo shall cause the ship to be discharged as soon as conveniently may be after entry and shall, after discharging, remove the ship to such other part of the harbour as the harbour master may direct.

26. Requiring the master of a ship within the harbour, upon request of the harbour master, to clear the deck of the ship of any articles which may impede the delivery or loading of cargo.

27. Specifying how goods shall be placed on any quays or docks within the harbour.

28. Specifying the time during which goods may remain upon any quays or other places within the harbour and providing for the removal or disposal of goods which are not removed therefrom after the expiration of such time.

29. Prohibiting goods from being so placed on any quays or docks within the harbour as to interfere with the mooring or berthing of ships or so as to impede traffic.

30. Preventing (except with the permission of the company) the exhibition or placing in or on any land or premises of the company of any goods for sale other than such goods as may be sold or exhibited for sale under the provisions of the Merchant Shipping Acts, 1894 to 1993, or by order of the Revenue Commissioners, and other than perishable goods sold within forty-eight hours of their being landed.

31. Preventing unauthorised cutting, breaking or destroying of the moorings or fastenings of ships within the harbour.

32. Preventing unauthorised opening or shutting of swing bridges, dock gates, sluices or clows within the harbour.

33. Prohibiting, without the previous consent of the harbour master, the building or repairing of any boat within the harbour.

34. Prohibiting the wilful damaging of any of the property of the company and the recovery from any person damaging such property of the cost of making good such damage.

35. Prohibiting improper interference with any machinery or equipment provided by the company.

36. Providing that the harbour master may remove nuisances from within the harbour and may also remove therefrom idle or disorderly persons.

37. Specifying conditions (to be in addition to and not in derogation of the provisions of any enactment for the time being in force relating to explosives) under which explosives shall be brought, shipped, handled, deposited, kept or transported within the harbour.

38. Specifying conditions under which any mineral hydrocarbon light oils within the meaning of the Finance (Customs Duties) (No. 4) Act, 1931, shall be brought, shipped, handled, deposited, kept or transported within the harbour.

39. Specifying conditions under which cargoes of dangerous goods, oils or other chemicals or gases (other than those referred to in paragraphs 37 and 38) shall be brought, shipped, handled, deposited, kept or transported within the harbour.

40. Regulating the use of tramways and sidings and works connected therewith within the harbour and preventing obstruction or interference with the traffic upon or passage along such tramways or injury thereto.

41. Regulating the ballasting of ships within the harbour and the order and manner in which such ships shall be supplied with ballast and the discharging, removal and disposal of ballast.

42. Preventing the smoking, lighting or burning of tobacco or any herb or substance whatsoever in or on any ship within the harbour or in any specified place within the harbour.

43. Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 44.

Part II

Pilotage Bye-laws

44. Exempting from the requirements of sections 60 and 61 such class or classes of ship as may be defined in the bye-laws by reference to the ship's length, draught or other characteristics or the purpose for which it is being used.

45. Specifying the circumstances in which pilotage shall be compulsory for a ship while it is navigating in the company's pilotage district by reference to such matters as the company thinks proper.

46. Prescribing requirements that must be complied with by or in respect of a person who applies to the company to be employed as a pilot in its pilotage district or to be granted a pilot's licence, being requirements as to age, physical fitness, completion of an apprenticeship, length of previous service as a pilot or mariner, local knowledge, skill, character and such other matters that the company deems appropriate.

47. Specifying the period for which a pilot's licence granted or renewed by the company shall have effect and prescribing requirements (including requirements as to physical fitness) that must be complied with by or in respect of a person who applies to the company to have a pilot's licence renewed in his or her favour.

48. Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 46 or 47 by passing an examination conducted by or on behalf of the company.

49. Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant or renewal of a pilot's licence or an examination conducted by or on behalf of the company in connection therewith.

50. Prescribing the form of a pilot's licence or a warrant of appointment.

51. Providing generally for the regulation of pilots licensed or employed by the company, and of their apprentices, and in particular ensuring their good conduct and constant attendance to and effectual carrying out of their duties, whether at sea or on shore.

52. Prescribing requirements in addition to those specified in paragraphs (a), (b) and (c) of section 72 (1) that must be complied with by or in respect of a person who applies to the company for the grant of a pilotage exemption certificate.

53. Requiring a person who applies to the company for the renewal of a pilotage exemption certificate—

(a) to have made during the period beginning on the date on which the certificate was granted to him or her or, if the certificate has already been renewed, the date on which it was last renewed, and ending on the date of the making of the said application, not less than a specified number of visits to the company's harbour in a ship in respect of which the renewal is sought and as the person in charge thereof or in a ship of a similar class to an aforesaid ship and as the person in charge thereof,

(b) to comply with such other requirements that the company deems appropriate.

54. Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 52 or 53 by passing an examination conducted by or on behalf of the company.

55. Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant, renewal or amendment of a pilotage exemption certificate or an examination conducted by or on behalf of the company in connection therewith.

56. Prescribing the form of a pilotage exemption certificate.

57. Requiring the holder of a pilotage exemption certificate to comply with specified provisions of bye-laws made by the company for the purposes specified in paragraph 51.

58. Requiring the owner of a ship, the person acting in charge of which holds a pilotage exemption certificate in respect thereof, to make payments to the company or, if a pilotage agreement provides that the licensed pilots for its pilotage district shall collect and recover pilotage charges in its pilotage district and disburse such charges when collected or recovered, to the said pilots, towards the cost of defraying the expenses of ensuring the provision of pilotage services in the company's pilotage district; provided that the amount of such payments in any financial year shall not exceed such proportion as is specified by the company of the pilotage charges that would have been payable in respect of the ship to the company or the said pilots, as the case may be, in that financial year if the person in charge as aforesaid had not held a pilotage exemption certificate in respect of the ship.

59. Requiring the holder of a pilotage exemption certificate to make a periodical return to the company or, if the payments required by bye-laws made by the company for the purposes specified in paragraph 58 are to be made to the licensed pilots for the company's pilotage district, to the said pilots, of the pilotage services rendered by him or her as holder of such a certificate.

60. Specifying grounds (not being grounds related to the conduct of the holder) on which the company may suspend or revoke a pilot's licence or a pilotage exemption certificate.

61. Specifying circumstances in which a ship which is being moved within a harbour situate in the company's pilotage district shall be deemed for the purposes of Part IV not to be navigating in the company's pilotage district.

62. Providing that a specified allowance shall be payable to a pilot by the owner or master of a ship where the pilot in the course of piloting the ship is taken beyond the pilotage district for which he or she is licensed or employed.

63. Requiring a pilot for the company's pilotage district to produce his or her pilot's licence or warrant of appointment to the master of a ship if requested by him or her.

64. Prohibiting the fraudulent use of a pilot's licence or warrant of appointment.

65. Providing for the approval by the company of pilot boats operated by the company in its pilotage district or for the licensing by it of pilot boats operated by the licensed pilots for its pilotage district.

66. Requiring pilot boats, so as to be capable of being readily distinguished from other vessels—

(a) to be coloured in a specified manner,

(b) to bear a flag of a specified colour and dimensions, and

(c) to bear such other characteristics that the company deems appropriate.

67. Requiring that a pilot flag be displayed on a ship while it is navigating in the company's pilotage district and has on board—

(a) a pilot for the pilotage district, the terms of whose pilot's licence or warrant of appointment, as the case may be, entitles him or her to pilot the ship in the circumstances concerned, or

(b) a person who is bona fide acting as the person in charge of the ship and who holds a pilotage exemption certificate entitling him or her to pilot the ship in the circumstances concerned.

68. Prohibiting the fraudulent display of pilot flags or flags resembling pilot flags.

69. Requiring the master of a ship navigating in the company's pilotage district (not being a ship to which bye-laws made by the company for the purposes specified in paragraph 44 apply) to display a pilot signal on the ship and keep such a signal displayed until a pilot for the pilotage district comes on board the ship.

70. Requiring the master of a ship who seeks in respect of the ship the services of a pilot for the company's pilotage district to give an adequate estimated time of arrival or departure of the ship to the company or a licensed pilot for its pilotage district, as appropriate.

71. Prescribing the form of a bond referred to in section 70 (1).

72. Prescribing the procedures to be followed by any board that may be established by the company under section 73 (5) (“a Board of Inquiry”) as respects the conduct by it of an oral hearing under that provision.

73. Providing for the payment to one or more members of a Board of Inquiry as respects an oral hearing conducted by it under section 73 (5), or for the payment to one or more assessors as respects any assistance given to such a Board in that behalf by the assessor or assessors, of such expenses and allowances as are specified in, or are determined in accordance with, the bye-laws and enabling such a Board to make such order as it thinks just in relation to the payment of the legal costs and expenses of a party to a hearing aforesaid.

74. Enabling a taxing master of the High Court to tax any legal costs and expenses which a Board of Inquiry has ordered to be paid under bye-laws made for the purposes specified in paragraph 73.

75. Giving effect to a provision of a pilotage agreement in force in the company's pilotage district where the pilotage agreement provides for effect to be so given.

76. Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 80.

77. Purposes ancillary or incidental to any of the foregoing purposes.

HARBOURS ACT, 1996

Table of Provisions (6)

Statutory Text (6 Articles)

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