Harbours Act 2015
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PART 4 Bantry Bay Harbour and Dundalk Harbour | ||
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Future transfer of Bantry Bay Harbour | ||
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34. (1) The Minister may, with the consent of the Minister for the Environment, Community and Local Government and after consultation with the Port of Cork Company, by order provide for the transfer of Bantry Bay Harbour to Cork County Council on such day as the Minister appoints in the order (in this section referred to as the “transfer day”). | ||
(2) Without prejudice to section 89 of the Act of 1996, all bye-laws of the Port of Cork Company made under section 42 or 71 of the Act of 1996 in respect of Bantry Bay Harbour, which are subsisting on the transfer day shall continue in force and may be amended or revoked by Cork County Council— | ||
(a) in like manner as they could have been revoked by the company before that day, or | ||
(b) under section 89 of the Act of 1996 as if they had been made under that section. | ||
(3) With effect from the transfer day, there is transferred to Cork County Council from the Port of Cork Company all property (real and personal) and rights held or enjoyed immediately before that day by the Port of Cork Company in respect of Bantry Bay Harbour and all liabilities incurred in respect of that harbour before that day by it that had not been discharged before that day and, accordingly, without any further conveyance, transfer or assignment— | ||
(a) the property so held or enjoyed, both real and personal, vests on the transfer day in Cork County Council, for all the estate, term or interest for which, immediately before that day, it was vested in the Port of Cork Company in respect of Bantry Bay Harbour, but subject to all trusts and equities affecting the property and capable of being performed, | ||
(b) the rights so held or enjoyed, are as on and from the transfer day, held and enjoyed by Cork County Council, and | ||
(c) the liabilities so incurred are, as on and from the transfer day, the liabilities of Cork County Council. | ||
(4) All moneys, stocks, shares and securities transferred to Cork County Council by this section that, immediately before the transfer day, are in the name of the Port of Cork Company in respect of Bantry Bay Harbour, shall, at the request of Cork County Council, be transferred into Cork County Council’s name. | ||
(5) Every right and liability transferred to Cork County Council by this section may, on and after the transfer day, be sued on, recovered or enforced by or against Cork County Council in its own name and it shall not be necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section. | ||
(6) Every— | ||
(a) bond, guarantee or other security of a continuing nature, and | ||
(b) contract or agreement, | ||
made or given by or on behalf of the Port of Cork Company in respect of Bantry Bay Harbour to any person or given by any person to and accepted by or on behalf of the Port of Cork Company in respect of Bantry Bay Harbour— | ||
(i) continues in force on and after the transfer day, | ||
(ii) shall be read and have effect, on or after that day, as if the name of Cork County Council was substituted in the contract or agreement for that of the Port of Cork Company in respect of Bantry Bay Harbour or, as the case may be, any trustee or agent acting on its behalf, and | ||
(iii) is enforceable against Cork County Council. | ||
(7) If, immediately before the transfer day, any legal proceedings are pending to which the Port of Cork Company in respect of Bantry Bay Harbour is a party, Cork County Council’s name shall be substituted in the proceedings for the name of the Port of Cork Company or any trustee or agent acting on its behalf, and the proceedings shall not abate because of the substitution. | ||
(8) The harbour limits of Bantry Bay shall, from the transfer day, be the waters within the area, including all tidal inlets, bounded by a straight line drawn from Sheep’s Head to Crow Head both in the county of Cork and the line of high water, which area is known as Bantry Bay excluding the limits of Castletownbere Fishery Harbour Centre as provided for by section 2 (as amended by Schedule 2 to the Harbours (Amendment) Act 2009 ) of the Fishery Harbour Centres (Amendment) Act 1992 ). | ||
(9) On the transfer day the Harbours Act 1996 (Limits of Harbour of Port of Cork Company) (Alteration) Order 2013 ( S.I. No. 487 of 2013 ) is revoked. | ||
(10) The Minister may in an order under subsection (1) — | ||
(a) specify that the Harbours Act 1996 (Establishment of the Pilotage District of Bantry Bay Harbour) Order 2013 ( S.I. No. 486 of 2013 ) is amended, with effect from the transfer day, by substituting in article 5 of that Order “Cork County Council” for “the Port of Cork Company”, or | ||
(b) revoke that Order with effect from the transfer day. |