Harbours Act, 1996

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Provisions with respect to transfer of certain harbours to local authorities.

88.—(1) In this section—

“council” means the council of a county;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“Dun Laoghaire-Rathdown County Council” and “Fingal County Council” have the same meaning as they have in the Local Government (Dublin) Act, 1993 ;

“harbour authority”, where the context admits, includes Dublin Port Company;

“property”, where the context admits, includes a harbour and the quay walls and bridges mentioned in subsection (6);

“the relevant local authority” means the local authority to which an order under subsection (2) or, as the case may be, subsection (4), (5) or (6), provides that property, rights and liabilities and, in the case of an order under subsection (2), members of staff, of a harbour authority specified in the order or in subsection (4), (5) or (6), as the case may be, shall be transferred and “relevant harbour authority” means the harbour authority so specified.

(2) (a) The Minister may, in lieu of making an order under section 87 in respect of the harbour of a harbour authority mentioned in the Table to that section, with the consent of the Minister for the Environment, by order transfer all the property, rights and liabilities of such a harbour authority and every member of their staff to whichever of the following the Minister considers appropriate, namely—

(i) the council in whose functional area the harbour of the harbour authority is situate, or

(ii) any other local authority in whose functional area the said harbour is situate.

(b) The reference in this subsection to the property, rights and liabilities and members of staff of an aforesaid harbour authority includes a reference to any property, rights and liabilities of the harbour authority in their capacity as a pilotage authority but where a local authority constitutes an aforesaid harbour authority the first-mentioned reference does not include a reference to the property, rights and liabilities and members of staff of the local authority in its capacity as a local authority.

(3) An order under subsection (2) may relate to one or more than one of the harbour authorities mentioned in the Table to section 87 .

(4) On the commencement of this subsection there shall stand transferred to Fingal County Council from the Dublin Port and Docks Board, or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the following harbours, namely, Skerries Harbour and Balbriggan Harbour together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with each of the said harbours.

(5) On the commencement of this subsection there shall stand transferred to Dun Laoghaire-Rathdown County Council from the Dublin Port and Docks Board, or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the following harbours, namely, Bulloch Harbour and Sandycove Harbour together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with each of the said harbours.

(6) On the commencement of this subsection there shall stand transferred to Dublin Corporation from the Dublin Port and Docks Board or, if the relevant vesting day is prior to such commencement, from Dublin Port Company, the quay walls and bridges of the River Liffey from and including the Rory O'More Bridge at Heuston Station up to and including the Matt Talbot Memorial Bridge together with all the property, rights and liabilities of the said Board or company, as the case may be, connected with the said quay walls and bridges.

(7) As respects property, rights and liabilities of a harbour authority transferred by an order under subsection (2) or under subsection (4), (5) or (6), the following provisions shall have effect:

(a) on and from the commencement of the order or subsection (4), (5) or (6), as the case may be, without any further conveyance, transfer or assignment—

(i) the property concerned shall vest in the relevant local authority for all the estate and interest therein of the relevant harbour authority,

(ii) the rights concerned shall be enjoyed by the relevant local authority,

(iii) the liabilities concerned shall be the liabilities of the relevant local authority,

(b) if, immediately before the commencement of the order or subsection (4), (5) or (6), as the case may be, any legal proceedings are pending to which the relevant harbour authority is a party and, in the case of the Dublin Port and Docks Board or Dublin Port Company, the proceedings have reference to property, rights or liabilities transferred under subsection (4), (5) or (6), as the case may be, the name of the relevant local authority shall, on and from such commencement, be substituted in the proceedings for that of the relevant harbour authority and the proceedings shall not abate by reason of such substitution.

(8) On the commencement of an order under subsection (2), the relevant harbour authority shall stand dissolved and such dissolution shall include the dissolution of the relevant harbour authority in their capacity as a pilotage authority:

Provided that where a local authority constitutes the relevant harbour authority such dissolution shall not affect the local authority in its capacity as a local authority.

(9) (a) Where a local authority constitutes a harbour authority to which an order under subsection (2) relates, the Minister may on his or her own initiative and shall on the application of the relevant local authority issue a certificate in respect of specified property, rights or liabilities certifying, as he or she thinks proper, that the property, rights or liabilities were or were not property, rights or liabilities of the first-mentioned local authority in its capacity as the said harbour authority and, where appropriate, as a pilotage authority and the certificate shall be conclusive evidence of the facts so certified.

(b) For the purposes of subsections (4), (5) and (6), the Minister may on his or her own initiative and shall on the application of Fingal County Council, Dun Laoghaire-Rathdown County Council or Dublin Corporation issue a certificate in respect of specified property, rights or liabilities certifying, as he or she thinks proper, that the property, rights or liabilities were or were not connected with a harbour mentioned in subsection (4) or (5)) or the quay walls and bridges mentioned in subsection (6) and the certificate shall be conclusive evidence of the facts so certified.

(10) On and from the commencement of an order under subsection (2) that relates to the Bantry Bay Harbour Commissioners, references in section 2 of the Fishery Harbour Centres (Amendment) Act, 1992 , to those commissioners shall be construed as references to the relevant local authority.

(11) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in a local authority of any property or rights transferred by an order under subsection (2) or under subsection (4), (5) or (6), as the case may be.