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  4. S.I. No. 285/1937 - Harbour Rates (Harbour of Balbriggan Tonnage Rates and Goods Rates) Order, 1937.

S.I. No. 285/1937 - Harbour Rates (Harbour of Balbriggan Tonnage Rates and Goods Rates) Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 285.

HARBOUR RATES (HARBOUR OF BALBRIGGAN TONNAGE RATES AND GOODS RATES) ORDER, 1937.

THE HARBOUR RATES (HARBOUR OF BALBRIGGAN TONNAGE RATES AND GOODS RATES) ORDER, 1937, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 29TH DAY OF OCTOBER, 1937, PURSUANT TO SUB-SECTION (1) OF SECTION 3 OF THE HARBOURS(REGULATION OF RATES) ACT, 1934.

WHEREAS it is enacted by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 , that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the harbour authority for any harbour or on the application of any person who uses or is interested in the use or development of such harbour, or without any such application, by order (in the said Act referred to as a harbour rates order) fix all or any of the rates, or, where he so thinks fit, the maximum rates to be charged by the Harbour authority of such harbour, and may for that purpose revoke, modify, alter or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or maximum or minimum rates chargeable by such harbour authority:

AND WHEREAS the Dublin Port and Docks Board have applied pursuant to section 4 of the Harbours (Regulation of Rates) Act, 1934 , to the Minister for Industry and Commerce for a harbour rates order fixing the maximum tonnage rates and the maximum goods rates in relation to the harbour of Balbriggan:

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of section 5 of the Harbours (Regulation of Rates) Act, 1934 , given notice dated 1st July, 1937, of his proposal to make such order to the Dublin Port and Docks Board, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Board:

AND WHEREAS the Dublin Port and Docks Board have duly published such notice, and such notice has contained the directions mentioned in sub-section (2) of section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed order:

AND WHEREAS certain objections and representations in respect of such proposed order have been so made and have been considered by the Minister for Industry and Commerce:

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 , and of every and any other power him in this behalf enabling hereby orders as follows, that is to say—

1. This Order may be cited for all purposes as the Harbour Rates (Harbour of Balbriggan Tonnage Rates and Goods Rates) Order, 1937.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The provisions of the Dublin Port and Docks Acts 1869, 1902, 1919 and 1920, shall in so far as they relate to the maximum amounts (but no farther) of tonnage rates and of goods rates be amended to the extent that the following maximum tonnage rates and maximum goods rates shall apply in relation to the harbour of Balbriggan:—

Tonnage Rates:—

For every vessel coming into the Harbour of Balbriggan on the occasion of every voyage of such vessel to the said harbour, a rate not exceeding one shilling for every ton of the net register tonnage of such vessel: Provided that in, the case of steam vessels other than steam tugs the net register tonnage upon which rates are leviable by the Board shall in no case be deemed to be less than 50 per centum of the gross tonnage of such steam vessel.

Goods Rates:—

For all goods shipped, transhipped or unshipped into or out of any vessel at the piers or within the harbour of Balbriggan rates not exceeding 200% of the rates set out in the fifth schedule to the Dublin Port and Docks Act, 1902.

4. This Order shall take effect from the 29th day of November, 1937.

By Order of the Minister for Industry and Commerce.

Dated this 29th day of October, 1937.

JOHN LEYDON, Secretary,

Department of Industry and Commerce.