S.I. No. 284/1940 - Harbour Rates (New Ross and Harbour) Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 284.

HARBOUR RATES (NEW ROSS AND HARBOUR) ORDER, 1940.

THE HARBOUR RATES (NEW ROSS PORT AND HARBOUR) ORDER, 1940, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 11th DAY OF SEPTEMBER, 1940, PURSUANT TO SUB-SECTION (1) OF SECTION 3 of THE HARBOURS (REGULATION OF RATES) ACT, 1934 .

WHEREAS it is enacted by sub-section (1) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the harbour authority for any harbour, by order (in the said Act referred to as a harbour rates order) fix all or any of the rates, or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour, and may for that purpose revoke, modify, alter or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or maximum or minimum rates chargeable by such harbour authority :

AND WHEREAS the Commissioners in whom is vested the management of the Port and Harbour of New Ross have applied pursuant to Section 4 of the said Act to the Minister for Industry and Commerce for a harbour rates order in respect of the Port and Harbour of New Ross fixing certain rates and maximum rates to be charged by the said Commissioners :

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of Section 5 of the said Act given notice dated the 29th day of May, 1940, of his proposal to make such order to the said Commissioners, and has given the directions mentioned in that subsection in respect of the notice required thereby to be published by the said Commissioners :

AND WHEREAS the said Commissioners have duly published such notice, and such notice has contained the directions mentioned in sub-section (2) of Section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed Order :

NOW, THEREFORE, I, SEÁN MacENTEE, Minister for Industry and Commerce, in exercise of the powers conferred on me by sub-section (1) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say :—

1 Short title and commencement.

1.—(1) This Order may be cited as the Harbour Rates (New Ross Port and Harbour) Order, 1940.

(2) This Order shall come into operation on the 19th day of September, 1940.

2 Application of Interpretation Act, 1937 .

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Interpretation.

3. (1) In this Order—

the expression " the Act of 1861 " means the New Ross Port and Harbour Amendment Act, 1861 ;

the expression " the Order of 1896 " means the New Ross Port and Harbour Order, 1896 ;

the expression " the Commissioners " means the Commissioners for the time being acting under and in the execution of the Act of 1861 ;

the expression " the Harbour of New Ross " means the Port and Harbour of New Ross within the limits defined by Section 29 of the Act of 1861 ;

the expression " river craft " includes canal boats, lighters and gabbards of fourteen tons and upwards.

(2) This Order shall be construed as one with the Act of 1861 and the Order of 1896.

4 Amendment of section 37 of the Act of 1861.

4.—(1) Section 37 of the Act of 1861 shall be construed and have effect as if—

(a) the words " except such as shall carry limestone or manure as the sole cargo " were deleted therefrom, and

(b) for the reference therein to Schedule (A) to the Act of 1861 there were substituted a reference to the First Schedule to this Order.

(2) Section 37 of the Act of 1861 shall cease to apply in respect of vessels which are river craft.

5 Rates for river craft.

5.— (1) The Owner of each river craft which plies regularly between New Ross and Waterford or within the limits of the Harbour of New Ross and of the Port and Harbour of Waterford shall pay to the Commissioners the yearly sum of thirty shillings for such river craft, or, at the option of such owner, a sum of one shilling and sixpence for every cargo or part cargo laden or discharged at the quays within the limits of the Harbour of New Ross.

(2) The owner of each river craft entering the Harbour of New Ross from outside the limits of the Harbour of New Ross and of the Port and Harbour of Waterford shall pay the sum of one shilling and sixpence for every cargo or part cargo laden or discharged within the limits of the Harbour of New Ross.

(3) sections 41 and 42 of the the Act of 1861 are hereby revoked.

(4) The powers and provisions of the Act of 1861, and any Acts incorporated therewith, in respect of rates which may be demanded by the Commissioners shall extend and apply to the sums authorised by paragraphs (1) and (2) of this Article to be charged by the Commissioners.

6 Amendment of section 40 of the Act of 1861.

6. Section 40 of the Act of 1861 shall be construed and have effect as if for the reference therein to Schedule (B) to the Act of 1861, there were substituted a reference to the Second Schedule to this Order.

7 Amendment of Section 57 of the Act of 1861.

7. Section 57 of the Act of 1861 shall be construed and have effect as if for the reference therein to the Schedule (C) to the Act of 1861 there were substituted a reference to the Third Schedule to this Order.

8 Amendment of Section 66 of the Act of 1861.

8. Section 66 of the Act of 1861 shall be construed and have effect as if for the reference therein to Schedule (E) of the Act of 1861 there were substituted a reference to the Fourth Schedule to this Order.

9 Amendment of Article 8 of the New Ross Port and Harbour Order, 1896.

9. Article 8 of the New Ross Port and Harbour Order, 1896, shall be construed and have effect as if for the reference therein to the Schedule to that Order there were substituted a reference to the Fifth Schedule to this Order.

FIRST SCHEDULE.

MAXIMUM RATES FOR USING HARBOUR BY VESSELS (OTHER THAN RIVER CRAFT).

For and upon every ton of the admeasurement of every vessel (other than a river craft) not exceeding two hundred tons burden for each and every voyage made to and from the Harbour of New Ross any sum not exceeding fourpence per ton.

For and upon every ton of the admeasurement of every vessel (other than a river craft) exceeding two hundred tons burden for each and every voyage made to and from the Harbour of New Ross any sum not exceeding sixpence per ton.

SECOND SCHEDULE.

MAXIMUM RATES FOR USE OF WAREHOUSES, WHARVES, CRANES AND WEIGHING MACHINES.

WAREHOUSES AND WHARVES.

CRANES.

SECOND SCHEDULE—Continued.

THIRD SCHEDULE.

MAXIMUM RATES FOR BALLAST.

FOURTH SCHEDULE.

MAXIMUM RATES FOR STAGES AND PLANKS. Vessels under one hundred tons register, for the use of a stage, seven shillings and sixpence ; and for the use of a plank, three shillings.

Vessels exceeding one hundred tons register, for the use of a stage, ten shillings ; and for the use of a plank, five shillings.

FIFTH SCHEDULE.

MAXIMUM RATES ON CARGO LOADED, DISCHARGED OR TRANSHIPPED.

FIFTH SCHEDULE—Continued.

FIFTH SCHEDULE—Continued.

FIFTH SCHEDULE—Continued.

FIFTH SCHEDULE—Continued.

GIVEN under my Official Seal this 11th day of September, 1940.

SEÁN MACENTEE,

Minister for Industry and Commerce.