Harbours Act, 1996

• Jurisdiction: Ireland
• Citation: IR No. 11/1996

Number 11 of 1996
HARBOURS ACT, 1996
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation. 3. Regulations, orders and directions. 4. Expenses. 5. Repeals. 6. Penalties and proceedings.
PART II
Establishment and Administration of Companies
7. Formation of a company in respect of a harbour. 8. Name and capital formation of a company. 9. Limits of a company's harbour. 10. Form of memorandum of association. 11. Objects of a company. 12. General duties of a company. 13. Harbour charges. 14. Detention and sale of ship or goods for unpaid harbour charges. 15. Provisions with respect to sale, leasing and acquisition of land. 16. Compulsory acquisition of land. 17. Articles of association. 18. Restriction on alteration of memorandum or articles of association. 19. Issue of shares to Minister and Minister for Finance, etc. 20. Issue of shares to subscribers to memorandum of associ-ation. 21. Obligation of certain shareholders to hold shares in trust. 22. Payment of dividends, etc., into Exchequer. 23. Power to borrow. 24. Guaranteeing by the Minister for Finance of borrowings. 25. Financing of capital works. 26. Provision of money for payments out of Central Fund. 27. Accounts and audits. 28. Annual report, chairperson's report and furnishing of information to Minister. 29. Performance audits. 30. Employee, local authority and other directors. 31. Remuneration, etc., of directors appointed under section 30. 32. Disclosure by directors of certain interests. 33. Prohibition on unauthorised disclosure of information. 34. Membership of either House of the Oireachtas or European Parliament. 35. Chief executive. 36. Chief executive to be a director. 37. Provisions with respect to staff of a company (including harbour master). 38. Transfer of staff from former harbour authority or Department of the Marine to a company. 39. Provisions applicable to staff transferred under section 38. 40. Superannuation schemes. 41. Existing superannuation schemes, establishment of pension funds, arrangements for pilots, etc. 42. Harbour bye-laws. 43. Transfer of functions from one company to another company. 44. General ministerial powers.
PART III
Provisions in Relation Tosafety of Navigation and Security in Harbour
45. Buoys, etc. 46. Power of harbour master to give certain directions. 47. Power to require removal of ship. 48. Statement of ship's draught and cargo. 49. Power to enter ship and inspection of ship, goods and documents. 50. Obstruction of harbour master. 51. Saver for responsibilities of master of ship. 52. Prohibition on bringing certain ships, vehicles and articles within harbour. 53. Interference with a thing placed in harbour for purpose of safety. 54. Appointment of harbour police, functions of harbour police, etc.
PART IV
Pilotage
55. Interpretation (Part IV). 56. Organisation of pilotage. 57. Limits of a company's pilotage district. 58. Pilots' licences and warrants of appointment. 59. Pilotage agreement between company and licensed pilots. 60. Compulsory pilotage. 61. Right of a pilot to supersede unauthorised person. 62. Provision as to ships moving within harbour. 63. Liability for ships under compulsory pilotage. 64. Pilotage charges. 65. Liability for pilotage charges in respect of certain pilotage services. 66. Receiving or offering improper rates of pilotage charges. 67. Reference of disputes or disagreements to harbour master. 68. Accounts to be kept by licensed pilots. 69. Retirement age for pilots. 70. Limitation of liability in respect of pilots. 71. Pilotage bye-laws. 72. Pilotage exemption certificates. 73. Suspension, revocation or non-renewal of pilot's licence or pilotage exemption certificate in certain circumstances. 74. Appeal to Minister against conduct of company with respect to pilot's licence or pilotage exemption certificate. 75. Obligation of master to furnish information to a pilot. 76. Facilities to be given for pilot getting on board ship. 77. Conduct of pilot endangering ship or safety of persons. 78. Miscellaneous offences with respect to pilots. 79. Power of Minister to re-organise provision of pilotage services. 80. Miscellaneous powers of Minister with respect to pilotage.
PART V
Miscellaneous
81. Dissolution of certain harbour authorities and pilotage authorities. 82. Construction of reference to Shannon Harbour for certain purposes. 83. Adaptation of references in enactments to harbour authorities and pilotage authorities. 84. Proof of bye-laws. 85. Service of notices. 86. Amendment of Fishery Harbour Centres Act, 1968. 87. Power to establish companies in respect of harbours not mentioned in First Schedule. 88. Provisions with respect to transfer of certain harbours to local authorities. 89. Regulation of harbours under the control or management of local authorities. 90. Dissolution of Dún Laoghaire Harbour (Finance) Board. 91. Limits of harbours under the control or management of local authorities. 92. Records and archives of companies and harbour authorities. 93. Amendment of Act of 1946. 94. Saving for lighthouse authorities. 95. Provision with respect to superannuation schemes underAct of 1946.
PART VI
Transitional Provisions with Respect to a Company Established Pursuant to Section 7
96. Transfer of land and other property. 97. Transfer of rights and liabilities. 98. Exemption from stamp duty. 99. Liability for loss occurring before vesting day. 100. Continuance of pending legal proceedings. 101. Enforcement of judgments. 102. Continuance of certain notices, certificates, declarations and bonds. 103. Continuance of licences and permissions granted by a harbour authority or the Minister. 104. Transitional financial provisions in relation to Dún Laoghaire Harbour. 105. Application of Part VI as respects harbour authorities which are pilotage authorities.
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
SECOND SCHEDULE
Enactments Repealed
THIRD SCHEDULE
Limits of Harbours and Pilotage Districts
FOURTH SCHEDULE
Provisions Relating to Compulsory Acquisition
FIFTH SCHEDULE
Election of Employee Directors
SIXTH SCHEDULE
Purposes for which Bye-Laws may be made under Sections 42 and 71
Number 11 of 1996
HARBOURS ACT, 1996
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE MANAGEMENT, CONTROL, OPERATION AND DEVELOPMENT OF CERTAIN HARBOURS, TO ENABLE THE MINISTER FOR THE MARINE, WITH THE CONSENT OF THE MINISTER FOR FINANCE, TO ESTABLISH COMPANIES IN RESPECT OF CERTAIN HARBOURS FOR THAT PURPOSE AND TO DEFINE THE FUNCTIONS OF COMPANIES SO ESTABLISHED, TO ENABLE THE MINISTER FOR THE MARINE TO MAKE, BY ORDER, PROVISION AS AFORESAID IN RESPECT OF CERTAIN OTHER HARBOURS, TO REVISE THE LAW RELATING TO PILOTAGE AND TO PROVIDE FOR THE CONFERRAL OF FUNCTIONS IN RELATION TO PILOTAGE ON CERTAIN COMPANIES AFORESAID, TO ENABLE CERTAIN HARBOURS AND PROPERTY TO BE TRANSFERRED TO LOCAL AUTHORITIES, TO AMEND THE FISHERY HARBOUR CENTRES ACT, 1968 , AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE DISSOLUTION OF HARBOUR AUTHORITIES AND PILOTAGE AUTHORITIES, TO REPEAL THE HARBOURS ACTS, 1946 TO 1976, THE PILOTAGE ACT, 1913, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [20th May, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the Harbours Act, 1996.
	(2) (a) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
	(b) An order under this subsection may as respects the repeal effected by section 5 (2) of the enactments mentioned in the Second Schedule fix different days for the repeal of different such enactments or for the repeal for different purposes of any such enactment.
	(c) An order under this subsection in relation to subsection (4) or (5) of section 88 shall only be made with the consent of the Minister for the Environment.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“the Act of 1946” means the Harbours Act, 1946 ;
	“company” means a company referred to in section 7 ;
	“company's harbour” shall be construed in accordance with section 7 (3);
	“the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed with it as one Act;
	“contravene”, in relation to a provision, includes, where appropriate, fail or refuse to comply with the provision and cognate words shall be construed accordingly;
	“document” includes a...