Harbours Act, 1996

General ministerial powers.

44.—(1) The Minister may, after consultation with the company, give a direction in writing to a company requiring it to comply with policy decisions of a general kind made by the Minister in relation to—

(a) the development of harbours,

(b) the safety of ships, navigation and operations generally in harbours,

(c) the levels of harbour charges imposed by a company or companies,

(d) the acquisition or disposal of lands by a company or companies (including by way of the grant of a lease), or

(e) any other matters affecting the functions of a company or companies.

(2) A company shall comply with a direction given to it under subsection (1).

(3) Subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a company of a function conferred on it by or under this Act.

(4) (a) The Minister may stipulate, in consultation with the company and with the consent of the Minister for Finance, financial or other targets to be achieved by a company. In stipulating such targets the Minister shall have due regard to any direction he or she has given to the company concerned under subsection (1).

(b) The Minister may having due regard to the capacity of the company concerned to achieve the financial targets that have been stipulated under paragraph (a) in respect of it and after consultation with the Minister for Finance, stipulate the dividends to be paid by a company in respect of the shares held in its share capital.