Harbours Act, 1946

Provisional harbour works order.

135.—(1) Where a harbour works order—

(a) authorises a harbour authority to acquire compulsorily land as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent and situation or the purposes for which it is used or for any other reason, it ought not to be acquired compulsorily without the sanction of the Oireachtas, or

(b) transfers to a local authority the harbour of a harbour authority, or

(c) transfers to a local authority a part of the harbour of a harbour authority, being a part as respects which the Minister is of opinion, and so states in the order, that, by reason of its extent, it ought not to be transferred without the sanction of the Oireachtas, or

(d) transfers to a harbour authority a specified port or pier, or

(e) fixes, or varies either by extension or diminution, the limits of the harbour of a harbour authority, or

(f) revokes or amends a previous harbour works order which was confirmed by Act of the Oireachtas,

such order (in this Act referred to as a provisional harbour works order) shall be of no force or effect unless and until confirmed by Act of the Oireachtas.

(2) The following provisions shall have effect in respect of a provisional harbour works order:

(a) as soon as conveniently may be after the making of the order, the Minister shall deposit a copy of the order with the county registrar of the county in which is situate the principal office of the harbour authority to whom the order relates;

(b) the Minister shall thereupon publish in the Iris Oifigiúil and in two newspapers circulating in such county a notice intimating that the copy of the order will, during a specified period not less than twenty-eight days, remain open at the office of the county registrar for public inspection during ordinary office hours and that objections and representations in relation to the order may be furnished in writing to the Minister during the said period;

(c) during the said period the county registrar shall keep the copy of the order open for inspection as aforesaid and objections and representations in relation to the order may be furnished in writing to the Minister;

(d) unless the Minister annuls the order under subsection (3) of this section, he shall, as soon as conveniently may be after the expiration of the said period and having considered the objections and representations (if any) furnished as aforesaid, cause to be introduced in the Oireachtas a bill in which the order, either as originally made or as varied under subsection (3) of this section (as the case may be), is set out in full as the Schedule thereto.

(3) The Minister may annul or vary a provisional harbour works order before the bill to confirm it is introduced in the Oireachtas.

(4) The expenses incurred by the Minister in publishing a notice under paragraph (b) of subsection (2) of this section shall be borne by the harbour authority concerned and shall be recoverable from them by the Minister as a simple contract debt in any court of competent jurisdiction.

(5) An Act passed by the Oireachtas to confirm a provisional harbour works order shall be deemed to be a public general Act.