Harbours Act, 1996

Miscellaneous powers of Minister with respect to pilotage.

80.—(1) (a) The Minister may give a direction in writing to a company to do or refrain from doing anything specified in the direction the doing, or the refraining from the doing, of which is, in the opinion of the Minister, necessary to ensure the safety of pilotage operations in its pilotage district and the company shall comply with any such direction.

(b) Without prejudice to the generality of paragraph (a), the Minister may give a direction under that paragraph to a company requiring it to amend, in a manner specified in the direction, so much of bye-laws made by it under section 71 that specify the circumstances in which pilotage shall be compulsory for a ship while it is navigating in the company's pilotage district and subsections (2) to (5) of that section shall not apply to an amendment by the company of those bye-laws in compliance with such a direction.

(2) 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 the levels of pilotage charges imposed by a company or companies and the company shall comply with any such direction.

(3) The Minister may from time to time request one or more persons having a knowledge of the organisation and provision of pilotage services in the State to carry out a review of Government policy for the time being in relation thereto and to make such recommendations to the Minister as to the maintenance of or change in that policy as the person or persons thinks or think appropriate.

(4) The Minister may by order authorise a person specified in the order to grant a certificate (hereafter in this section referred to as a “deep sea pilotage certificate”) to a person certifying that he or she is qualified to act as a pilot of a ship in respect of such part of the sea falling outside a pilotage district as the Minister specifies in the order.

(5) A person for the time being authorised by an order under subsection (4) to grant a deep sea pilotage certificate may grant such a certificate to any person on application by the person if he or she is satisfied (by examination or by reference to such other criteria as he or she may reasonably impose) that the applicant is qualified to act as a pilot of a ship for the area in respect of which the first-mentioned person is authorised to grant such a certificate.