Harbours Act, 1946

Power to require removal of vessel.

68.—(1) For the purpose of carrying out any repairs or cleansing operations or for any other purpose arising in relation to a harbour, the harbour master of the harbour may require the master of a vessel which is at a place within the limits of the harbour to remove the vessel therefrom within three days and, when so removed, to place the vessel at such place within the limits of the harbour as the harbour master may direct.

(2) The harbour master of a harbour shall, three days at least before making a requirement under this section, give notice of his intention to make the requirement to the collector of customs and excise at the harbour.

(3) A requirement made under this section shall not be repugnant to or inconsistent with any regulation of the Revenue Commissioners or the law relating to customs.

(4) If the master of a vessel refuses or fails to comply with a requirement made on him by the harbour master of a harbour and authorised by this section or if the harbour master of a harbour cannot find the master of a vessel in relation to which the harbour master wishes to make a requirement authorised by this section—

(a) the harbour master may carry out the requirement and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the requirement shall be paid by the master of the vessel to the harbour authority for the harbour and, in default of payment, may be recovered as a simple contract debt in any court of competent jurisdiction.

(5) If the master of a vessel refuses or fails to comply with a requirement made on him by the harbour master of a harbour and authorised by this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.