Harbours Act, 1946

Harbours Act, 1946 1946 9

		No. 9/1946: HARBOURS ACT, 1946

		ARRANGEMENT OF SECTIONS
		PART I PRELIMINARY AND GENERAL
		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 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 order relating to pilotage committees.
		PART III REMOVAL PROM 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 OP 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 the obstruction.
		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 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 Agreement 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 certain persons, etc.
		168 Certain prohibitions or restrictions in contracts of tenancy to be void.
		169 Granting of leases by the Circuit Court.
		170 Right to enter or leave harbour.
		171 Production of certain books and documents to officer of customs and excise.
		172 Free passage for persons using lifeboats.
		173 Restrictions on appointment to office of profit etc.
		174 Obligations in respect of proposal for illegal payment etc.
		175 Service of document on harbour authority.
		176 Authentication of document.
		177 Prosecution of offences.
		178 Provisions in respect of certain roads.
		179 Provisions in respect of certain policing powers.
		180 Grand Canal Docks and Royal Canal Docks.
		181 Abolition of water bailiff's fees at Waterford Harbour.
		182 Abolition of city dues at Dublin Harbour.
		183 Abolition of cocket and entry tax at Cork Harbour.
		184 Special provisions with respect to certain sinking funds of Cork Harbour Commissioners.
		185 Provisions in respect of certain interests in river beds.
		186 Skerries Harbour and Balbriggan Harbour.
		187 Contributions towards expenses of pilotage authorities.
		188 Audit of accounts of pilotage authorities.
		189 Restriction of application of certain enactments.
		190 Provisions in regard to the enactments mentioned in the Third Schedule.
		191 Cesser of application of Acts mentioned in the Fourth Schedule.
		FIRST SCHEDULE
		SECOND SCHEDULE
		THIRD SCHEDULE
		FOURTH SCHEDULE

		AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE MEMBERSHIP OF CERTAIN HARBOUR AUTHORITIES AND TO THE MANAGEMENT, CONTROL, OPERATION AND DEVELOPMENT OF THEIR HARBOURS, TO PROVIDE FOR THE CHARGING OF RATES BY SUCH HARBOUR AUTHORITIES, TO MAKE CERTAIN PROVISIONS IN RELATION TO PILOTAGE AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.
		[2nd April, 1946.]
		BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Irish Statute Book

Harbours Act, 1946