Harbours Act, 1996

Appeal to Minister against conduct of company with respect to pilot's licence or pilotage exemption certificate.

74.—(1) If a complaint is made by a person to the Minister that a company has—

(a) without reasonable cause refused or failed to examine that person for a pilot's licence or a pilotage exemption certificate, or to grant to that person such a licence or certificate after he or she has undergone an examination conducted by the company therefor; or

(b) conducted any examination of that person for a pilot's licence or a pilotage exemption certificate improperly or unfairly; or

(c) attached conditions to a pilot's licence or included terms in a pilotage exemption certificate which it has granted to that person that it has no power to attach or include or that are unreasonable; or

(d) in any other manner to the prejudice of that person failed properly to perform any of its functions under this Part with respect to a pilot's licence or a pilotage exemption certificate (and the complaint is not one cognisable by a Board of Inquiry under section 73 (5)),

the Minister shall consider the complaint and, if the Minister is of opinion that the complaint is well founded, shall make such order as he or she shall think fit for the purpose of redressing the matter complained of, and the company shall give effect to any order so made by the Minister.

(2) If a company refuses or fails to give effect to any such order of the Minister, the Minister may, for the purpose of giving effect to the order, exercise any powers of the company and anything done by the Minister in the exercise of those powers shall have the same effect as if it had been done by the company.