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S.I. No. 389/1940 - Harbour Rates (Westport Port and Harbour Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 389.

HARBOUR RATES (WESTPORT PORT AND HARBOUR ORDER, 1940.

THE HARBOUR RATES (WESTPORT PORT AND HARBOUR) ORDER, 1940, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 16th DAY OF DECEMBER, 1940, 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 (No. 2 of 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, 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 the maximum or minimum rates chargeable by such harbour authority:

AND WHEREAS the Westport Port and Harbour Commissioners have applied pursuant to Section 4 of the said Act to the Minister for Industry and Commerce for a harbour rates order in respect of the Port and Harbour of Westport increasing the maximum import and export rates in respect of coal :

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of Section 5 of the said Act given notice dated the 2nd day of November, 1940, of this proposal to make such order to the said Commissioners, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Commissioners :

AND WHEREAS the said Commissioners 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 :

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 (No. 2 of 1934), and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1.—(1) This Order may be cited as the Harbour Rates (Westport Port and Harbour) Order, 1940.

(2) This Order shall come into operation on the 20th day of December, 1940.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Section 30 of the Westport Port and Harbour Act, 1853, and Schedule B to that Act, as amended by the Westport Port and Harbour (Temporary Increase of Charges) Order, 1921, shall have effect as if the maximum rate chargeable thereunder in respect of coal were a rate of sixpence per ton.

Given under the Official Seal of the Minister for Industry and Commerce, this 16th day of December, 1940.

R. C. FERGUSON.

Secretary,

Department of Industry and Commerce.