Harbours (Amendment) Act 2009

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Limits of a company's harbour, etc.

3.— (1) The Principal Act is amended—

(a) by substituting the following for section 9:

“Limits of a company’s harbour.

9.— (1) (a) Except and in so far as an order is in force under this section in respect of a company, the limits of a company’s harbour shall be those set out in Part I of the Third Schedule.

(b) A reference in this Act, or in an order under this section, to a company's harbour shall be construed as including a reference to any point within the limits of its harbour as aforesaid or, where the company has more than one harbour, of each of its harbours.

(2) (a) (i) Subject to the other provisions of this section, the Minister may, after consultation with the company concerned, by order provide for the limits of a harbour of a company in lieu of the limits as set out in Part I of the Third Schedule and, for so long as such an order is in force, that Part, in so far as it relates to the limits of that harbour, does not have effect.

(ii) The reference in subparagraph (i) to an order in force shall, as respects such an order that is amended by an order in force under section 3(4), be construed as a reference to the first-mentioned order as so amended.

(b) An order under this section may be made in respect of a company for any additional area, whether or not—

(i) contiguous to the existing harbour limits of the company concerned, or

(ii) for the purpose of relocating, in whole or in part, a harbour of a company.

(c) Where an area not contiguous to an existing harbour (as provided for by Part I of the Third Schedule or a previous order or orders under this section) is provided for by order under this subsection, then that area shall be in addition to and not in lieu of the area provided for—

(i) in the Third Schedule, or

(ii) otherwise by an order under this subsection,

unless the contrary intention is otherwise provided for by the order concerned.

(3) In deciding whether or not to make an order under this section the Minister shall have regard to—

(a) the present capacity of the harbour and expected capacity needed having regard to the nature of shipping using or estimated will be using the harbour,

(b) navigational safety, and

(c) such and so many of the following as are, in the opinion of the Minister, relevant to his or her decision:

(i) leases made under section 2, licences granted under section 3, approvals under section 10 or consents given under section 13 of the Foreshore Act 1933 and any application duly made for such a lease, licence, approval or consent,

(ii) applications for permission, or permissions granted, under the Planning and Development Acts 2000 to 2009 in respect of the development of any land,

(iii) environmental impact assess-ments made under the Planning and Development Acts 2000 to 2009,

(iv) any development plan made by a planning authority pursuant to sections 9 and 12 of the Planning and Development Act 2000 , and any local area plan under section 18 of that Act.”,

and

(b) in the Third Schedule—

(i) by substituting the following, with effect from 30 June 2004, for paragraph 3:

“Drogheda Port Company.

3. The northern limit commencing at the north east angle of the bridge at Shop Street and running in an easterly direction along the North Quays to the eastern extremity at Donor's Green, from there along the Baltray Road to the village of Baltray, from there to Aleria Beacon and along the line of the high water mark bounding the eastern shores of the townland of Baltray to Duff's Farm, thence in a direction of 090 degrees from true north for 5,380 metres, thence in a direction of 180 degrees from true north for 7,271 metres, and thence in a direction of 270 degrees from true north for 5,120 metres to the southern limit of the townland of Bettystown, from there along the high water mark of the eastern shore of the townland of Mornington, from there along the high water mark to the Maiden Tower, from there in a westerly direction along the high water mark to the south east angle of the bridge at Shop Street and running in a northerly direction along the east side of the said bridge to its north east angle.”,

(ii) by substituting the following, with effect from 4 March 1997, for paragraph 4:

“Dublin Port Company.

4. Limits consisting of and including—

(a) the River Liffey and the quays and walls bounding the same,

(b) the walls called the North Wall, the South Wall and the East Wall, respectively,

(c) the piers, jetties, tidal basins and other works constructed by or belonging to the Dublin Port and Docks Board before the relevant vesting day, and

(d) the harbour of Dublin and the strands, bays, creeks and harbours thereof and all waters inside that area,

commencing from and including the Rory O’More Bridge at Heuston Station in the City of Dublin, and extending to an imaginary straight line drawn from the Baily Lighthouse on the north in the County of Dublin and extending through the North Burford Bank Buoy and thence through the South Burford Bank Buoy and thence to Sorrento Point on the south, including the harbours of Bulloch and Sandycove, but excepting the limits of the harbour of Dún Laoghaire Harbour Company and excepting also the harbours of Coliemore and Sutton.”.

(2) The Harbours Act 1996 (Limits of Harbour of Dublin Port Company) (Alteration) Order 1997 ( S.I. No. 98 of 1997 ) and the Harbours Act 1996 (Limits of Harbour of Drogheda Port Company) (Alteration) Order 2004 ( S.I. No. 238 of 2004 ) are revoked.