S.I. No. 89/1991 - Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) Order, 1991.

S.I. No. 89 of 1991.

HARBOUR RATES (HARBOURS OF DUBLIN, SKERRIES AND BALBRIGGAN) ORDER, 1991.

I, JOHN P. WILSON, Tánaiste and Minister for the Marine, in exercise of the powers conferred on me by section 104 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), and after due compliance with section 106 of the said Harbours Act, 1946 , hereby order as follows:

1. (1) This Order may be cited as the Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) Order, 1991.

(2) This Order shall come into operation on the 1st day of May, 1991.

2. In this Order "the Harbours" means Dublin Harbour, Skerries Harbour and Balbriggan Harbour.

3. Section 40 of, and the Fifth Schedule to, the Dublin Port and Docks Act, 1902, shall have effect as if, for the matter (inserted by the Harbour Rates (Harbours of Dublin, Skerries and Balbriggan), Order, 1988 ( S.I. No. 41 of 1988 )), contained in the Fifth Schedule there were substituted the matter contained in the First Schedule to this Order.

4. (1) The rates set out in Part II of the Second Schedule to this Order are hereby fixed as the maximum tonnage rates chargeable by the Dublin Port and Docks Board in respect of the Harbours.

(2) The provisions set out in Part I of the Second Schedule to this Order shall apply in relation to the rates chargeable under this Article.

5. (1) The rates set out in Part II of the Third Schedule to this Order are hereby fixed as the rates chargeable for the use of cranes, fork lift trucks, tubs and grabs by the Dublin Port and Docks Board in respect of the Harbours.

(2) The provisions set out in Part I of the Third Schedule to this Order shall apply in relation to the rates chargeable under this Article.

6. The Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) Order, 1988 ( S.I. No. 41 of 1988 ), is hereby revoked.

FIRST SCHEDULE

PART I

Provisions applying in relation to Goods Rates

Exports

1. Goods dues on goods shipped will be charged at 75 per cent of scheduled rates.

Re-Exports

2. In the case of goods arriving at the Port of Dublin from any port for export to any other port and on which Inwards Goods Dues have been paid, no Outward Goods Dues will be charged, provided that:—

(a) A Declaration in such a form as the Board may from time to time determine and on the form supplied for the purpose, is given to the Board within seven days from the completion of the discharge of the importing vessel.

(b) That the Goods are exported in the same form and, if imported in packages, in the same packages as they arrived.

(d) That the export takes place within two months of the date of arrival of the importing vessel.

Oil and Grain Exports

3. Oil and Grain Cargoes exported from the Port of Dublin are exempt from Outward Dues provided the exporter can prove that within a period of six months prior to the said export he imported through the Port of Dublin at least a like quantity of such commodity of the same type and grade and that the commodity which it is proposed to export was imported through the Port of Dublin by him and that since it was imported it has undergone no manufacturing or blending process, is completely unchanged in character and has remained the bona fide sole property of the importer throughout.

PART II

Maximum Goods Rates

Based on Standard International Trade Classification

(all rates are per tonne unless otherwise specified)

Division	Commodity		Rate
	Food and live animals chiefly for food
00	Live animals chiefly for food (except sheep)		£1.17 each
	Sheep		65p each
01	Meat and meat preparations		£1.39
02	Dairy products and birds' eggs
	Dried Milk		£1.39
	Other Items		£2.39
03	Fish, crustaceans and molluscs and preparations thereof		£1.85
04	Cereals and cereal preparations		£1.05
05	Vegetables and Fruit
	Vegetables		£1.39
	Fruit fresh, dried, nuts		£1.85
	Fruit and nuts prepared, preserved Juices,
	James, Purees, Other Items		£2.39
06	Sugar, sugar preparations and honey
	Sugar, raw, refined and molasses		£1.46
	Other Items		£2.39
07	Coffee, tea, cocoa, spices and manufactures thereof
	Tea		£2.93
	Chocolate		£2.39
	Other Items		£1.85
08	Feeding stuff for animals (excluding unmilled cereals)		£1.05
09	Miscellaneous edible products and preparations		£2.39
	Beverages and Tobacco
11	Beverages
	Spirits, Wines and Cordials		£2.39
	Other Items		£1.39
12	Tobacco and tobacco manufactures
	Manufactures		£2.93
	Other Items		£1.85
	Crude Materials, Inedible, Except Fuels
21	Hides, skins and furskins, raw		£1.46
22	Oil seeds and oleaginous fruit		£1.27
23	Crude rubber (including synthetic and reclaimed)		£2.93
24	Cork and Wood
	Softwood (1.4 cub. metres = 1 tonne)		£1.08
	Hardwood		£1.58
25	Pulp and waste paper		£1.12
26	Textile fibres (excluding wool tops) and their wastes
	Wool, wool waste		£2.39
	Other Items		£1.39
27	Crude fertilisers and minerals, excluding petroleum and precious stones		£1.03
28	Metalliferous ores and metal scrap
	Metal scrap		98p
	Ores and concentrates, other items		£1.06
29	Crude animals and vegetable materials, n.e.s.		£1.39
	Mineral fuels. Lubricants and Related Minerals
32	Coal, coke and briquettes		95p
33	Petroleum, petroleum products and related materials		£1.99
	Spirits: White Spirits, Motor Spirit, Aviation Spirit, Naphtha		£1.99
	Lubricating Oils
	Fuel Oils: Gas oil, diesel oil, vapourising oil, kerosene, light fuel oil, medium fuel oil, aviation turbine fuel and similar oils		£1.58
	Petroleum Bitumen		£1.13
	Other Fuel Oils: Heavy fuel oil, residual fuel oil, creosote, tar oil etc.		£1.47
34	Gas, natural and manufactured		£1.99
	Animals and Vegetable Oils, Fats and Waxes
41	Animal Oils and Fats		£1.85
42	Fixed vegetable oils and fats		£1.85
43	Animal and vegetable oils and fats, processed and waxes		£1.85
	Chemicals and Related Products N.E.S.
51	Organic Chemicals		£2.39
52	Inorganic Chemicals
	Industrial Gases		£2.93
	Sodium Carbonate		£1.11
	Liquid Ammonia		£1.85
	DI-Calcium Phosphate		£1.05
	Other Items		£1.39
53	Dyeing, tanning and colouring materials		£1.58
54	Medicinal and Pharmaceutical products		£2.39
55	Essential oils, perfume materials etc. Soap, cleansing, polishing preparations		£2.39
	Other Items		£2.93
56	Fertilisers, manufactures		£1.12
57	Explosives and pyrotechnic products		£2.93
58	Artificial resins, plastic materials, cellulose esters and ethers PVC Granules and Lignin		£1.12
	Other Items		£2.93
59	Chemical materials and products n.e.s.		£1.58
	Manufactured Goods Classified Chiefly by Materials
61	Leather, leather manufactures, n.e.s. and dressed furskins		£2.93
62	Rubber manufactures n.e.s.		£2.93
63	Cork and wood manufactures (excluding furniture)
	Veneers		£2.39
	Other Items		£1.58
64	Paper, paperboard and articles of paper pulp,
	of paper or of paperboard
	Liner Board		£1.12
	Other Items		£1.58
65	Textile yarn, fabrics, made-up articles, n.e.s.
	related products
	Yarns		£1.46
	Fabrics		£1.85
	Made-up articles, floor coverings		£2.39
66	Non-metallic mineral manufactures, n.e.s.
	Cement and other construction materials		£1.05
	Cullet		£1.03
	Other Items		£2.39
67	Iron and Steel
	Tubes and pipes fabricated		£1.39
	Other Items		£1.12
68	Non-ferrous metals		£1.85
69	Manufactures of metal, n.e.s. (excluding
	laden/empty units engaged in unit load traffic. See Division 99)		£2.39
	Machinery and Transport Equipment
71	Power generating machinery and equipment		£2.39
72	Machinery specialised for particular industries		£2.39
73	Metalworking machinery		£2.39
74	General industrial machinery and equipment
	n.e.s. and parts, n.e.s		£2.39
75	Office machines and automatic data processing
	Equipment		£2.39
76	Telecommunications and sound recording,
	reproducing equipment		£2.93
77	Electric Machinery, apparatus and appliances,
	n.e.s. and parts		£2.39
78	Road Vehicles (excluding laden/empty vehicles engaged in Ro/Ro traffic. See Divisions 98 and 99)
	Passenger Motor Cars		£4.64 each
	Other road vehicles		£2.93 each
79	Other transport equipment		£1.85
81	Sanitary, plumbing, heating, lighting fixtures
	and fittings, n.e.s.
	Sanitary etc. ware of ceramic material		£1.58
	Other Items		£2.39
82	Furniture and parts thereof		£2.39
83	Travel goods, handbags ad similar containers		£2.93
84	Articles of apparel and clothing accessories		£2.39
85	Footwear		£2.39
87	Professional, scientific and controlling
	apparatus n.e.s.		£2.93
88	Photographic apparatus, optical goods, n.e.s. watches and clocks		£2.93
89	Miscellaneous manufactured articles n.e.s.		£2.93
91	Postal, Main — exempt		£2.93
93	Special transactions		£2.93
94	Animals — Live — Zoo		£1.22 each
95	Military Arms, Ammunition and Equipment		£2.93
96	Coin — not legal tender		£2.93
97	Gold		£2.93
98	Tourist Traffic
	Motor Cars		£2.36 each
	Motor Cycles		£2.36 each
	Trailers		£2.36 each
	Caravans		£4.69 each
	Dormobiles/Mini Buses		£4.69 each
	Coaches and Buses		£11.20 each
99	Lo/Lo Containers and Flats	Loaded	Empty
	Not exceeding 6.1m (20') in length	£14.49 each	£1.90 each
	Exceeding 6.1m (20') but not exceeding 9.15m (30')	£22.41 each	£2.85 each
	Exceeding 9.15m (30')	£29.88 each	£3.80 each
	Ro/Ro Cargo Carrying Vehicles
	Not exceeding 6.1m (20') in length	£13.04 each	£2.33 each
	Exceeding 6.1m (20') but not exceeding 9.15m (30')	£19.56 each	£3.49 each
	Exceeding 9.15m (30')	£26.08 each	£4.66 each

Note: N.E.S. = Not elsewhere specified.

Passenger Charge (Excluding Cruise Liners)

10p per person

From 1st October, 1991: 20p per person.

SECOND SCHEDULE

PART I

Provisions Applying in Relation to Tonnage Rates

1. The expressions "the Harbours" means Dublin Harbour, Skerries Harbour and Balbriggan Harbour.

2. A vessel shall be deemed to be trading with a particular place if it takes on board cargo or passengers at any of the harbours to be landed at that place or if it lands cargo or passengers at any of the harbours taken on board at that place.

3. The rateable tonnage of a vessel upon which tonnage rates shall be based and chargeable shall be the net register tonnage or half the gross tonnage, whichever is the greater. Any vessel whose tonnage may be increased for calculation of Light Dues may have its tonnage likewise increased.

4. Tonnage rates shall not be chargeable in respect of both the arrival and departure of a vessel but if a vessel on which tonnage rates have been charged in respect of its arrival takes on board at any of the harbours cargo or passengers for a port or place the tonnage rates for which are higher than those charged on such arrival, the difference between the two rates shall be chargeable.

5. A vessel which does not land cargo or passengers but which takes on board cargo or passengers at any of the harbours shall be deemed to be trading only with the port of destination of such cargo or passengers.

6. A minimum charge of £39.00 per voyage will be charged on all vessels except those charged under section 6, 7 and 8 Part II (Ordinary tonnage rates).

PART II

Ordinary Tonnage Rates

1. For a vessel trading from or to any port or place in the State, Northern Ireland, Great Britain, or the Isle of Man, per ton ......	49.6p
2. For a vessel trading from or to any port or place in Europe between the River Elbe and Brest or the Channel Islands, per ton	70.8p
3. For a vessel trading from or to any port or place not in the State, Northern Ireland, Great Britain, the Isle of Man, or in Europe between the River Elbe and Brest or in the Channel Islands, per ton .........................................................	79.8p
4. For a vessel which enters the limits of Dublin Harbour for the purpose of taking on board from a lighter or tender bunkers or stores for the vessel's own consumption only and which does not enter the River Liffey or make use of the quays or wharves of that harbour, per ton .........................................................	2.4p
5. For a vessel, other than a fishing vessel, which enters the River Liffey for a non-trading purpose such as for repairs or through stress of weather or for bunkers or stores for the vessel's own consumption only and does not take on board any cargo or passengers or discharge cargo or disembark passengers except temporarily in connection with repairs to the vessel, per ton	22.4p
6. For a fishing vessel under 30m in length which enters any of the harbours, for each vessel ................................................	£2.24
7. For a fishing vessel over 30m in length which enters any of the harbours, per ton ..........................................................	22.4p
8. For a vessel remaining or lying in any of the harbours, except in the Grand Canal Dock or in a Graving Dock or in a Graving Slip for a longer period than two consecutive weeks, in respect of each week it shall remain or lie after such period.
( a ) if not under repairs, per ton ........................................	4.7p
( b ) if under repairs, per ton ..............................................	2.4p

THIRD SCHEDULE

PART I

Provisions in Relation to Rates for the Use of Cranes, Forklift Trucks, Tubs and Grabs

1. The use of the Board's cranes or appliances will only be granted where the applicant completes or has completed a form of Indemnity which can be obtained at the Harbour Master's Office.

2. Applications for the use of cranes or appliances must be made to the Harbour Master's Office between 8 a.m. and 5 p.m. save here the Harbour Master shall otherwise permit.

3. Notwithstanding that an application has been received by the Board to have any crane or appliance available at any particular time or for any particular vessel and that such application has been granted, the Board reserves complete liberty to allot the crane or appliance in question for the use of any vessel or vessels arriving in the harbour before the vessel in respect of which such application was received.

4. No responsibility whatsoever will be accepted by the Board in any circumstances for any failure or omission on their part to have any crane or appliance available or working at any specified time or during any period of time.

5. The Board will not in any circumstances accept any liability for delay, or any other consequences of any nature which may follow upon a breakdown or stoppage of any crane or appliance from any cause whatsoever.

6. The Board reserves the right at any time to limit the period or hours during which the cranes may be used.

7. A crane may not be ordered or reserved for a longer period than one day. Where a crane is required for more than one day a separate application must be made each evening for the following day.

8. The period in respect of which cranage charges shall be payable shall commence at the time for which the crane is ordered and is in position and ready to work and shall end when the crane is no longer required and notice to this effect is given to the Harbour Office. In the absence of such notice cranage charges shall be payable up to normal stopping time, or where overtime is being worked, until the craneman is notified that he is no longer required.

9. Where a non-container crane is ordered and not used a rate of £9.17 per half-hour shall be charged until notice of cancellation has been given to the Harbour Office. In addition there shall be a penalty of £12.15 per crane for such occasion on which this may occur.

10. Where a non-container crane is retained after it has ceased to be used a rate of £9.17 per half-hour shall be charged from the time it has ceased to be used until notice that it is no longer required has been given to the Harbour Office.

11. An additional charge of £12.15 per crane shall be made where a craneman is ordered to attend before 8 a.m. to ensure that a crane will be ready to start promptly at 8 a.m. (Monday to Friday).

12. An additional charge of £5.36 per crane shall be made where a crane is used after 4.45 p.m. but is not used after 5 p.m. (Monday to Friday).

13. Where a crane is ordered for a period which includes work after 5 p.m. on a weekday, and notice of cancellation of overtime is given to the Harbour Office not later than 3 p.m., the penalty of £12.17 referred to above will apply; where notice of cancellation is given after 3 p.m. but before 4.45 p.m. a penalty of £23.90 will apply; where notice of cancellation is given after 4.45 p.m. a penalty of £28.74 will apply.

14. Where it is intended to work after 6 p.m. and it is found subsequently that the relief craneman is not required, the charge of £6.49 for retaining a craneman between 4.45 p.m. and 5 p.m. will apply unless notice of cancellation is received at the Harbour Office before 4.45 p.m.

15. Where a relief craneman is required to work through the normal tea hour 5 p.m. to 6 p.m. (Monday to Friday) a charge of £9.48 will be made.

Relief craneman	Saturday:	£46.66
	Sunday:	£68.19

16. The expression "Public Holidays" shall mean the following days, viz:— 1st January, St. Patrick's Day, Easter Monday, 1st Monday in June, 1st Monday in August, last Monday in October, Christmas Day, St. Stephen's Day, Good Friday and any other day declared by the Minister as a Public Holiday or any day or portion of a day regarded generally in the Port as a substitute for any of the foregoing.

17. Subject to review by the Board any question which may arise as to the meaning of any of the foregoing conditions or as to the Rates to be charged for the use of the cranes, grabs or other appliances, or for rail hualage or for Waiting Time, shall be determined by the Harbour Master of the Board.

18. Overtime

(Non-Container Cranes)

Monday to Friday	from 5 p.m. to Midnight	30%
Saturday	from 8 a.m. to Noon from Noon to Midnight	30% 140%
On all days	from Midnight to 8 a.m.	140%
Sunday and Public Holidays		140%

(Container Cranes)

Monday to Friday	5 p.m. to Midnight	£23.48 per hour
	Midnight to 8 a.m	£31.31 per hour
Saturday	8 a.m. to Mid-day Mid-day to 6 p.m.	£31.31 per hour £31.31 per hour; Minimum £154.00
Sunday		£46.87 per hour; Minimum £193

19. Travelling Time

Monday to Friday

8 a.m. to 5 p.m

£11.85 per hour

Monday to Friday

Saturday

5 p.m. to Midnight

8 a.m. to Noon

£16.58 per hour

Monday to Saturday

Saturday

Sunday

Midnight to 8 a.m

Noon to Midnight

All Day

£22.20 per hour

PART II

Charges for the Use of Electric Cranes

4 Tonnes and Under

	Per Hour or Part	Minimum Charge for
	£	£
Any Cargo by Grab	32.34	64.68
Other Cargoes	27.40	54.80
Two cranes used in tandem	6 tonne rates to apply

6 Tonne Cranes

Minimum charge for two hours............................................................ ........................................	£64.68
Each addition hour............................................................ ............................................................ ..	£32.34

When used as a 4 tonne crane only, the 4 tonne crane rates to apply.

10 Tonne Cranes

Minimum charge for two hours............................................................ ...................................................	£83.12
Each additional hour............................................................ ............................................................ .........	£41.56

When used as a 6 tonne or a 4 tonne crane only, the 6 tonne or 4 tonne rates to apply.

25 Tonne Cranes

Minimum charge for two hours............................................................ ............................................	£89.82
Each additional hour............................................................ ............................................................ ..	£44.91

Container Cranes

A. Lifting Containers or Flats ex ship or to ship between 8 a.m. and 5 p.m. Monday to Friday.

Not exceeding 8m overall length ............................................................ .............................	£12.67
Exceeding 8m overall length ............................................................ ....................................	£18.44

B. The minimum charge for the use of the crane shall be £42.23.

C. Waiting time between the time for which the crane is ordered and the time for commencement of work shall be charged at the rate of £42.23 per half hour.

D. If a period of working ceases or is interrupted and the crane is not released a charge of £42.23 per hour may be imposed if, in the opinion of the Harbour Master, the circumstances so warrant.

Fork Lift Trucks

Rate	£16.48 per hour
Minimum	£16.48

Overtime
Monday to Friday:	Increase
Between 5 p.m. and 8 a.m	50%
Saturday, Sunday and Holidays:	100%

GIVEN under my Official Seal, this 11th day of April, 1991.

JOHN P. WILSON,

Tánaiste and Minister for the Marine.