S.I. No. 239/1990 - Fishery Harbour Centres (Rates and Charges) Order, 1990.

S.I. No. 239 of 1990.

FISHERY HARBOUR CENTRES (RATES AND CHARGES) ORDER, 1990.

I, JOHN P. WILSON, Minister for the Marine, in exercise of the powers conferred on me by section 4 of the Fishery Harbour Centres Act, 1968 (No. 18 of 1968), as amended by the Fishery Harbour Centres Act, 1980 (No. 22 of 1980), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 82 of 1987 )), hereby order as follows:

1. This Order may be cited as the Fishery Harbour Centres (Rates and Charges) Order, 1990.

2. This Order shall come into operation on the 1st day of November, 1990.

3. In this Order—

"fish" has the same meaning as in the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), as amended by the Fisheries (Amendment) Act, 1978 (No. 18 of 1978);

"length", in relation to a boat, means the overall length of the boat;

"the Minister" means the Minister for the Marine.

4. Each rate or charge specified in column (3) of the Schedule to this Order at a particular reference number is hereby fixed as the rate or charge for the use of the facility or service described in column (2) of the Schedule at that reference number in the following fishery harbour centres:

( a ) Killybegs Fishery Harbour Centre;

( b ) Castletownbere Fishery Harbour Centre;

( c ) Rossaveel Fishery Harbour Centre;

( d ) Dunmore East Fishery Harbour Centre;

( e ) Howth Fishery Harbour Centre.

5. (1) A rate or charge fixed by this Order shall be paid to the Minister by the person using the facility or service concerned.

(2) The amount of any rate or charge payable under this Order may be recovered by the Minister either as a simple contract debt in a court of competent jurisdiction or by distress and sale of any ship, boat or goods in respect of which the rate or charge is payable.

6. The rates and charges fixed by this Order shall be in lieu of any tolls, rates or charges which, immediately before the commencement of this Order, were in force in respect of any harbour to which this Order relates.

7. The Killybegs Fishery Harbour Centre (Rates and Charges) Order, 1985 ( S.I. No. 58 of 1985 ), the Rossaveel Fishery Harbour Centre (Rates and Charges) Order, 1985 (S.I. No. 59 of 1985), and the Castletownbere Fishery Harbour Centre (Rates and Charges) Order, 1985 ( S.I. No. 57 of 1985 ), are hereby revoked.

SCHEDULE

Reference Number	Description of Facility or Service	Rate or Charge
(1)	(2)	(3)
1	Use of harbour by boat engaged in fishing—
	if boat is under 12 metres in length	£1.80 for each entry into harbour, or £18 for each year beginning on the 1st day of October, payable in advance.
	ifboat is 12 metres or over but under 23 metres in length	£1.80 for each entry into harbour, or £27 for each year beginning on the 1st day of October, payable in advance.
	ifboat is 23 metres or over but under 30 metres in length	£1.80 for each entry into harbour, or £36 for each year beginning on the 1st day of October, payable in advance.
	ifboat is 30 metres or over in length	£1.80 for each entry into harbour, or £45 for each year beginning on the 1st day of October, payable in advance.
2	Use of harbour in connection with cargo of fish—
	fresh fish (including fish withdrawn from sale)	10p per 50kgs.
	fish for reduction to fishmeal.	5p per 50kgs.
3	Use of electricity	90p per hour.
4	Use of fresh water	72p per tonne.
5	Use of berthage or moorings provided by harbour authority for purpose other than loading or discharging	In the case of passenger and general cargo ferry boats plying solely between Bere Island and Castletownbere, no charge.
		In any other case 6p on every tonne of—
		(a) the Net Register Tonnage, or
		(b) 50 per cent of Gross Tonnage,
		whichever is greater.
6	Use of berthage or moorings provided by harbour authority for loading or discharging	In the case of passenger and general cargo ferry boats plying solely between Bere Island and Castletownbere, no charge.
		In any other case 18p on every tonne of—
		(a) the Net Register Tonnage, or
		(b) 50 per cent of Gross Tonnage,
		whichever is greater.
7	Use of harbour in connection with loading or discharging of cargo	In the case of goods being carried from Castletownbere to Bere Island for use by the inhabitants of Bere Island, no charge.
		In any other case 36p per tonne.
8	Use of harbour by vessel laid up at pier, quay, berthage or jetty	For the first two weeks of the period during which the vessel is so laid up, the rate or charge at Reference number 5 above is applicable.
		For every subsequent day up to the end of the fifth week, 12p per day per metre of length of boat.
		For every subsequent day after five weeks, 22p per metre of length of boat.
9	Charge for boats plying for hire between Howth and Ireland's Eye	£100 per boat for each year beginning on the 1st day of May, payable in advance.
10	Charge for a passenger boat operating out of Rossaveel—
	if boat has a permitted complement of under 50 passengers	£10 for each entry into harbour, or £1,000 per annum per boat for each year beginning on the 1st day of May, payable in advance,
	if boat has a permitted complement of between 50 and 100 passengers	£25 for each entry into harbour, or £2,500 per annum per boat for each year beginning on the 1st day of May, payable in advance,
	if boat has a permitted complement of over 100 passengers	£40 for each entry into harbour, or £4,000 per annum per boat for each year beginning on the 1st day of May, payable in advance.

GIVEN under my Official Seal, this 8th day of October, 1990.

JOHN P. WILSON, T.D.

Minister for the Marine.

EXPLANATORY NOTE.

This Order prescribes revised rates and charges applicable at Fishery Harbour Centres with effect from 1 November 1990.