Harbours Act, 1946

Application for harbour works order.

138.—(1) A harbour authority may apply to the Minister for a harbour works order.

(2) An application for a harbour works order shall be in such form and shall contain such particulars as the Minister may require and shall be accompanied by a draft of the proposed order.

(3) A harbour authority applying under this section for a harbour works order shall, when required by the Minister so to do, furnish to the Minister such further particulars and such plans and other documents as he may from time to time require for the consideration of the application.

(4) The Minister may require any statement made in an application for a harbour works order, or made to the Minister in response to a requirement of particulars under this section, to be verified in such manner as the Minister may require by some person having personal knowledge of such statement.

(5) If a harbour authority fail to furnish any particulars, plan, document or verification which they are required by the Minister under this section to furnish, the Minister may, on the ground of the failure and without prejudice to his discretion to make or refuse to make a harbour works order, refuse the application in relation to which the particulars, plan, document or verification were so required.

(6) There shall be paid to the Minister by a harbour authority applying under this section for a harbour works order such fee as the Minister, with the consent of the Minister for Finance, may fix.

(7) The following provisions shall have effect in relation to a fee payable under subsection (6) of this section:

(a) the fee shall be collected and taken in such manner as the Minister for Finance may direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and

(b) the Public Offices Fees Act, 1879, shall not apply in respect of the fee.