Harbours Act, 1946

• Jurisdiction: Ireland
• Citation: IR No. 9/1946
• Year: 1946

Number 9 of 1946.

HARBOURS ACT, 1946.

ARRANGEMENT OF SECTIONS

Part I.

Preliminary and General.

Section 1. Short title. 2. Definitions. 3. Expenses. 4. General provisions as to regulations. 5. Temporary provision with respect to membership of certain harbour authorities.

Part II .

Members and Procedure of Harbour Authority.

6. Commencement of Part II. 7. Members of harbour authority. 8. Special representation of local authorities in certain cases. 9. Election year. 10. Time for appointment, election and nomination. 11. Appointment by the Minister in certain cases of elected members. 12. Chamber of commerce members to be appointed at special meeting. 13. Regulations in relation to elections of elected members of harbour authority. 14. Term of office. 15. Casual vacancy. 16. Resignation of member of harbour authority. 17. Prohibition of membership of harbour authority in more than one capacity. 18. Restrictions in the case of local authority whose members stand removed from office. 19. Disqualification. 20. Meetings. 21. Chairman and vice-chairman. 22. Procedure at election of chairman or vice-chairman. 23. Committees. 24. Procedure and business. 25. Minutes. 26. Acting as member of harbour authority when disqualified. 27. Termination of membership of members of pilotage committee. 28. Construction of orders relating to pilotage committees.

Part III .

Removal from Office of Members of Harbour Authority.

29. Commencement of Part III. 30. Removal from office of members of harbour authority. 31. Reconstitution of membership of harbour authority after removal of members. 32. Appointment of commissioners. 33. Exercise of powers, etc., by commissioners. 34. Tenure of office and remuneration of commissioner. 35. Orders enabling this Part of this Act to have full force and effect. 36. Adaptation of enactments. 37. Continuity of existence.

Part IV .

Officers and Servants of Harbour Authority.

38. Officers and servants. 39. General Manager and Secretary. 40. Deputy General Manager. 41. The secretary to be chief executive officer and to have right to attend meetings. 42. Qualifications for offices. 43. Age limit for offices. 44. Removal of officer other than General Manager. 45. Amalgamation of offices. 46. Provisions as respects certain first appointments.

Part V .

Operation of Harbour.

Chapter I.

General Powers and Duties of Harbour Authority.

47. General duties. 48. Cleaning, etc., of harbour. 49. Provision of tenders, etc. 50. Provision of sheds, etc. 51. Provision of fire-fighting equipment. 52. Provision of ballast. 53. Lighters, ferries, etc. 54. Warehousing. 55. Exclusive appropriation of part of harbour. 56. Running dry and lowering of water level in docks. 57. Removal of obstructions. 58. Buoys, etc. 59. Accommodation for customs officers. 60. Bye-laws. 61. Agreements between harbour authorities and transport undertakings. 62. Improvement of conditions of casual workers.

Chapter II.

Powers and Duties of Harbour Master of Harbour.

63. Statement of draught. 64. Statement of take or cargo of fish. 65. Reporting of arrival of vessel at harbour. 66. Production of certificates of registry. 67. Power of harbour master to give certain directions. 68. Power to require removal of vessel. 69. Power to require loading or discharge of cargo. 70. Breaking up of vessel. 71. Power of entry into vessel in certain circumstances. 72. Powers in respect of vessel entering or leaving dock. 73. Detention of vessel in certain circumstances. 74. Penalty for obstruction. 75. Saver for responsibilities of master of vessel.

Chapter III.

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

76. Survey and examination of goods before they are unshipped. 77. Survey and examination of goods landed. 78. Superintendence of loading and unloading. 79. Restriction on landing and shipping of goods. 80. Access to goods. 81. Certificates of deposit and warrants for delivery of goods. 82. Notice to detain goods for payment of freight. 83. Making of customs entry by harbour authority in certain cases. 84. Validity of certain documents. 85. Charges in respect of goods permitted to remain on quays or other places.

Chapter IV.

Provisions for the Safety of Harbour and Vessels therein.

86. Marking of hazardous goods brought within harbour limits. 87. Prohibition on bringing certain articles within harbour limits. 88. Restriction on putting ballast, etc., into waters of harbour. 89. Restriction on extinguishing of certain lights. 90. Restriction on boiling pitch, etc. 91. Prohibition on attaching vessels to buoys other than mooring buoys. 92. Opening and closing of certain bridges. 93. Opening and closing of gates of dock.

Part VI .

Charging Powers.

Chapter I.

General Provisions in Relation to Rates.

94. Power to charge rates. 95. Continuation existing rates. 96. Rates to be charged equally. 97. Harbour facilities to be equally available on payment of rates. 98. Inspecting and obtaining list of rates. 99. Goods rates on goods not classified. 100. Power to remit, exempt from, or compound for rates. 101. Variation of rates within fixed maximum. 102. Conditional exemption from rates. 103. Absolute exemption from rates.

Chapter II.

Harbour Rates Orders.

104. Making of harbour rates order. 105. Application for harbour rates order. 106. Notice of making, etc., of harbour rates order. 107. Obligation to charge rates fixed by harbour rates order. 108. Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934.

Chapter III.

Payment and Recovery of Rates.

109. Person by whom rates are to be payable. 110. Payment of rates. 111. Obligations of masters of vessels in relation to goods unshipped or shipped. 112. Obligations of persons shipping, transhipping or unshipping goods. 113. Agreements in respect of the payment of rates. 114. Ascertainment of rates payable. 115. Penalties for evading payment of rates. 116. Remedies for nonpayment of tonnage rates. 117. Remedies for nonpayment of goods rates and service rates. 118. Power to refuse to give clearance in certain cases.

Part VII.

Finance and Accounts.

119. Application of revenue. 120. General power to borrow. 121. Temporary borrowing. 122. Borrowing from local loans fund. 123. Investment by trustees in certain stocks and mortgages. 124. Protection of lenders. 125. Establishment and abolition of funds. 126. Regulations in relation to mortgages. 127. Regulations in relation to stock. 128. Prohibition on issue of irredeemable stock. 129. Provisions in respect of trusts. 130. Continuation of funds. 131. Accounts. 132. Audit. 133. Assistance to harbour authorities by rating authorities.

Part VIII.

Harbour Works Orders.

134. Harbour works order. 135. Provisional harbour works order. 136. Notice of proposal to make harbour works order other than provisional harbour works order. 137. Local inquiries in regard to harbour works order. 138. Application for harbour works order. 139. Surveys and inspections. 140. Duty of harbour authority to prevent danger to navigation in respect of works. 141. Penalty for obstruction or interference in connection with harbour works order.

Part IX.

Contracts and Tenders.

142. Contracts. 143. Regulations as to tenders.

Part X.

Miscellaneous.

144. Harbour authorities to be bodies corporate. 145. Preservation of continuity of existence of harbour authority. 146. Amendment by order of First Schedule to this Act. 147. Principal office. 148. Opposing of private bills. 149. Insurance. 150. Books, etc., to be open for inspection. 151. Superannuation schemes. 152. Charges for use of graving dock. 153. Requirements as to dredging. 154. Facilities for aircraft. 155. Aerodromes. 156. Officer or servant acting by authority of harbour master, etc. 157. Lease by harbour authority. 158. Acquisition of land or premises by agreement. 159. Sale of surplus land or premises. 160. Furnishing of information to the Minister. 161. Joint works. 162. Certain reclaimed lands to enure to the State. 163. Cables, pipes and wires under or over tidal waters. 164. Local inquiries. 165. Travelling expenses of members of harbour authority. 166. Provision of free transport. 167. Payments for reception of...