S.I. No. 83/1943 - Harbour Rates (Dingle Harbour) Order, 1943.


STATUTORY RULES AND ORDERS. 1943. No. 83.

HARBOUR RATES (DINGLE HARBOUR) ORDER, 1943.

Harbour Rates (Dingle Harbour) Order, 1943, made by the Minister for Industry and Commerce on the 25th day of February, 1943, pursuant to subsection (1) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 .

WHEREAS it is enacted by subsection (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 Dingle 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 Harbour of Dingle fixing certain rates to be charged by the said Commissioners:

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of subsection (1) of section 5 of the said Act given notice dated the 25th day of January, 1943, of his proposal to make such order to the said Commissioners, and has given the directions mentioned in that subsection 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 subsection (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, I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (1) of section 3 of the Harbours (Regulation of Rates)Act, 1934 (No. 2 of 1934), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say:—

1 Short title and commencement.

1. (1) This Order may be cited as the Harbour Rates (Dingle Harbour) Order, 1943.

(2) This Order shall come into operation on the first day of March, 1943.

2 Application of Interpretation Act, 1937 .

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

3 Interpretation.

3. (1) In this Order—

the expression "the Order of 1885" means the Dingle Harbour Order, 1885;

the expression "the Order of 1927" means the Dingle Harbour (Temporary Increase of Charges) Order, 1927 ( S. R. & O. No. 104 of 1927 );

the expression "the Commissioners" means the Dingle Harbour Commissioners;

the expression "the Harbour" means the existing Harbour of Dingle.

(2) This Order shall be construed as one with the Order of 1885.

4 New tonnage rates for use of the Harbour.

4. (1) The Order of 1885 shall have effect as if, for the portion headed "Tonnage Rates, etc.", of the Second Part of the Schedule thereto, there were substituted the following—

" Tonnage Rates, etc.

s.

d.

For every vessel (other than fishing vessels) entering the Harbour, per register ton, each time

0

6

But when such vessel does not break bulk or take in cargo, one half of the above rate; but no vessel is to pay the charge more than once in one calendar month.

For every fishing smack or vessel of under fifteen tons burden belonging to or entering and using the Harbour for the purpose of the fishery, as a composition in full of tonnage duty, payable in advance, the annual sum of

10

0

For every fishing smack or vessel of under fifteen tons burden belonging to or entering and using the Harbour and not paying the last-mentioned composition, on each occasion of entering the Harbour

2

6

" Tonnage Rates, etc.

s.

d.

For every fishing smack or vessel of fifteen tons burden and upwards belonging to or entering and using the Harbour for the purpose of the fishery, as a composition in full of tonnage duty, payable in advance, the annual sum of

15

0

For every fishing smack or vessel of fifteen tons burden and upwards belonging to or entering and using the Harbour for the purpose of the fishery and not paying the last-mentioned composition, on each occasion of entering the Harbour

5

0

Each vessel, for waterage where water supplied—per register ton

0

2

For every boat or vessel using that part of the Harbour known as the " Gridiron " for cleaning purposes for each day (24 hours)

2

6

For every boat or vessel drawn up on that part of the pier, belonging to the Commissioners, known as the " lower slip " for each tide

1

0."

(2) The Order of 1927 shall not be construed as applying to the rates chargeable, by virtue of paragraph (1) of this Article, under the Order of 1885.

5 Rates on fresh fish landed in or at the Harbour.

5. (1) The Commissioners may charge in respect of fresh fish landed in or at the Harbour, a rate not exceeding three pence in the £ on the sale value thereof.

(2) The several statutory provisions and powers in respect of rates, and other money and receipts which may be taken or recovered by way of income by the Commissioners shall respectively extend and apply to the rates taken by virtue of paragraph (1) of this Article.

(3) All moneys received by the Commissioners from the rates taken by virtue of paragraph (1) of this Article shall be applied by them in the same manner and to the same purposes as the rates receivable under the Order of 1885 were applicable.

6 Saving.

6. Nothing in this Order contained shall prejudice or affect the powers of the Commissioners to levy, collect or recover any rates, dues or sums of money leviable by or due to the Commissioners at the commencement of this Order, and such rates, dues, and sums ofmoney may be levied, collected and recovered by the Commissioners in the same manner and subject to the same conditions as if this Order had not been made and come into operation.

7 Revocation of Second Part of Schedule to Order of 1927.

7. The Second Part of the Schedule to the Order of 1927 is hereby revoked.

GIVEN under my Official Seal, this 25th day of February, 1943.

SEÁN F. LEMASS,

Minister for Industry and Commerce.