Harbours Act, 1996

SIXTH SCHEDULE

Purposes for which Bye-Laws may be made under Sections 42 and 71

Sections 42 and 71 .

Part I

Harbour Bye-Laws

General

1. Regulating the use of the harbour or any docks, graving docks or quays within the harbour.

2. Regulating the exercise of the powers of the harbour master.

3. Regulating the admission of ships into the harbour or the vicinity thereof and their removal therefrom, and providing for the good order and government of ships while within the harbour.

4. Regulating the shipping and unshipping, loading, warehousing, stowing, depositing and removal of goods within the harbour.

5. Regulating the hours during which the gates of or entrances or outlets to any docks or quays within the harbour shall be open.

6. Regulating the duties and conduct of all persons (including the staff of the company but not members of the Garda Síochána or officers of any Minister of the Government acting in exercise of their duty) employed within the harbour.

7. Regulating the use of fires and lights within the harbour and in any ships lying within the harbour and preventing damage or injury to ships or goods within the harbour or in any premises of the company.

8. Regulating the use of cranes, weighbridges, weights and measures belonging to the company.

9. Preventing obstructions of any kind or interference with traffic within the harbour or on any of the property of the company.

Navigation

10. Providing that the master of a ship within the harbour shall regulate the ship according to the directions of the harbour master.

11. Providing that before a ship enters any docks or graving docks or approaches any quays within the harbour, the master of the ship shall cause the ship to be dismantled as directed by the harbour master.

12. Requiring ships entering into or departing from the harbour to keep to the proper and usual side of any navigable channel.

13. Regulating the rate of speed of ships within the harbour or within any specified portion of the harbour or in any special circumstances, requiring ships to stop or slow their engines at specified times or places and regulating the taking on board, landing or putting down of passengers.

14. Regulating the towing of ships within the harbour, the size and number of ships to be towed in one train by one or more than one tugboat, the speed at which the tugboats shall proceed (whether towing or not), the order and manner in which the towage shall be given and the duties and conduct of persons employed in or on the tugboats.

15. Regulating the berthing and removing of ships lying within any part of the harbour and regulating the conduct and behaviour of boatmen, stevedores and others employed at or resorting to the harbour, whether in the employment of the company or not.

16. Specifying the times and conditions under which ships may be swung or wound within the harbour and preventing other ships from casting loose or from passing up or down any navigable channel or other place within the harbour while any ship is in the act of swinging or winding.

17. Requiring ships that may happen to take the ground in a navigable channel within the harbour to adopt and exercise all reasonable precautions by the stationing of a lookout, the use of flags and otherwise to the satisfaction of the harbour master or as may be specified.

18. Requiring the master of a ship casting anchor within the harbour to cause a buoy to be fastened forthwith to the anchor in such manner that it may be plainly seen where the anchor has been cast.

Control of Harbour, etc.

19. Preventing and removing obstructions or impediments in or on docks, quays, works and roadways within the harbour.

20. Regulating the moving of persons, vehicular traffic and animals along any quays or docks within the harbour.

21. Requiring the master of a ship within the harbour to moor, unmoor, place or remove the ship according to the directions of the harbour master, or if there be no person on board the ship to attend to such directions, to authorise the harbour master to cause the ship to be moored, unmoored, placed or removed as he or she thinks fit.

22. Providing that a ship, except with the permission of the harbour master, shall not lie or be moored in the entance to the harbour or any dock or graving dock within the harbour.

23. Providing that a ship within the harbour shall, when so required by the harbour master, have substantial towlines and fasts fixed to the dolphins, booms, buoys or mooring posts.

24. Requiring ships loading or discharging cargoes to be furnished with such gangways, planks, hand rails and other appliances as the harbour master may consider necessary.

25. Providing that the master of a ship entering within the harbour for the purpose of discharging cargo shall cause the ship to be discharged as soon as conveniently may be after entry and shall, after discharging, remove the ship to such other part of the harbour as the harbour master may direct.

26. Requiring the master of a ship within the harbour, upon request of the harbour master, to clear the deck of the ship of any articles which may impede the delivery or loading of cargo.

27. Specifying how goods shall be placed on any quays or docks within the harbour.

28. Specifying the time during which goods may remain upon any quays or other places within the harbour and providing for the removal or disposal of goods which are not removed therefrom after the expiration of such time.

29. Prohibiting goods from being so placed on any quays or docks within the harbour as to interfere with the mooring or berthing of ships or so as to impede traffic.

30. Preventing (except with the permission of the company) the exhibition or placing in or on any land or premises of the company of any goods for sale other than such goods as may be sold or exhibited for sale under the provisions of the Merchant Shipping Acts, 1894 to 1993, or by order of the Revenue Commissioners, and other than perishable goods sold within forty-eight hours of their being landed.

31. Preventing unauthorised cutting, breaking or destroying of the moorings or fastenings of ships within the harbour.

32. Preventing unauthorised opening or shutting of swing bridges, dock gates, sluices or clows within the harbour.

33. Prohibiting, without the previous consent of the harbour master, the building or repairing of any boat within the harbour.

34. Prohibiting the wilful damaging of any of the property of the company and the recovery from any person damaging such property of the cost of making good such damage.

35. Prohibiting improper interference with any machinery or equipment provided by the company.

36. Providing that the harbour master may remove nuisances from within the harbour and may also remove therefrom idle or disorderly persons.

37. Specifying conditions (to be in addition to and not in derogation of the provisions of any enactment for the time being in force relating to explosives) under which explosives shall be brought, shipped, handled, deposited, kept or transported within the harbour.

38. Specifying conditions under which any mineral hydrocarbon light oils within the meaning of the Finance (Customs Duties) (No. 4) Act, 1931 , shall be brought, shipped, handled, deposited, kept or transported within the harbour.

39. Specifying conditions under which cargoes of dangerous goods, oils or other chemicals or gases (other than those referred to in paragraphs 37 and 38) shall be brought, shipped, handled, deposited, kept or transported within the harbour.

40. Regulating the use of tramways and sidings and works connected therewith within the harbour and preventing obstruction or interference with the traffic upon or passage along such tramways or injury thereto.

41. Regulating the ballasting of ships within the harbour and the order and manner in which such ships shall be supplied with ballast and the discharging, removal and disposal of ballast.

42. Preventing the smoking, lighting or burning of tobacco or any herb or substance whatsoever in or on any ship within the harbour or in any specified place within the harbour.

43. Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 44 .

Part II

Pilotage Bye-laws

44. Exempting from the requirements of sections 60 and 61 such class or classes of ship as may be defined in the bye-laws by reference to the ship's length, draught or other characteristics or the purpose for which it is being used.

45. Specifying the circumstances in which pilotage shall be compulsory for a ship while it is navigating in the company's pilotage district by reference to such matters as the company thinks proper.

46. Prescribing requirements that must be complied with by or in respect of a person who applies to the company to be employed as a pilot in its pilotage district or to be granted a pilot's licence, being requirements as to age, physical fitness, completion of an apprenticeship, length of previous service as a pilot or mariner, local knowledge, skill, character and such other matters that the company deems appropriate.

47. Specifying the period for which a pilot's licence granted or renewed by the company shall have effect and prescribing requirements (including requirements as to physical fitness) that must be complied with by or in respect of a person who applies to the company to have a pilot's licence renewed in his or her favour.

48. Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 46 or 47 by passing an examination conducted by or on behalf of the company.

49. Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant or renewal of a pilot's licence or an examination conducted by or on behalf of the company in connection therewith.

50. Prescribing the form of a pilot's licence or a warrant of appointment.

51. Providing generally for the regulation of pilots licensed or employed by the company, and of their apprentices, and in particular ensuring their good conduct and constant attendance to and effectual carrying out of their duties, whether at sea or on shore.

52. Prescribing requirements in addition to those specified in paragraphs (a), (b) and (c) of section 72 (1) that must be complied with by or in respect of a person who applies to the company for the grant of a pilotage exemption certificate.

53. Requiring a person who applies to the company for the renewal of a pilotage exemption certificate—

(a) to have made during the period beginning on the date on which the certificate was granted to him or her or, if the certificate has already been renewed, the date on which it was last renewed, and ending on the date of the making of the said application, not less than a specified number of visits to the company's harbour in a ship in respect of which the renewal is sought and as the person in charge thereof or in a ship of a similar class to an aforesaid ship and as the person in charge thereof,

(b) to comply with such other requirements that the company deems appropriate.

54. Requiring a person to satisfy the company that he or she complies with a requirement contained in bye-laws made by the company for the purposes specified in paragraph 52 or 53 by passing an examination conducted by or on behalf of the company.

55. Providing that a fee of a specified amount shall be payable to the company by a person in respect of an application by him or her to the company for the grant, renewal or amendment of a pilotage exemption certificate or an examination conducted by or on behalf of the company in connection therewith.

56. Prescribing the form of a pilotage exemption certificate.

57. Requiring the holder of a pilotage exemption certificate to comply with specified provisions of bye-laws made by the company for the purposes specified in paragraph 51.

58. Requiring the owner of a ship, the person acting in charge of which holds a pilotage exemption certificate in respect thereof, to make payments to the company or, if a pilotage agreement provides that the licensed pilots for its pilotage district shall collect and recover pilotage charges in its pilotage district and disburse such charges when collected or recovered, to the said pilots, towards the cost of defraying the expenses of ensuring the provision of pilotage services in the company's pilotage district; provided that the amount of such payments in any financial year shall not exceed such proportion as is specified by the company of the pilotage charges that would have been payable in respect of the ship to the company or the said pilots, as the case may be, in that financial year if the person in charge as aforesaid had not held a pilotage exemption certificate in respect of the ship.

59. Requiring the holder of a pilotage exemption certificate to make a periodical return to the company or, if the payments required by bye-laws made by the company for the purposes specified in paragraph 58 are to be made to the licensed pilots for the company's pilotage district, to the said pilots, of the pilotage services rendered by him or her as holder of such a certificate.

60. Specifying grounds (not being grounds related to the conduct of the holder) on which the company may suspend or revoke a pilot's licence or a pilotage exemption certificate.

61. Specifying circumstances in which a ship which is being moved within a harbour situate in the company's pilotage district shall be deemed for the purposes of Part IV not to be navigating in the company's pilotage district.

62. Providing that a specified allowance shall be payable to a pilot by the owner or master of a ship where the pilot in the course of piloting the ship is taken beyond the pilotage district for which he or she is licensed or employed.

63. Requiring a pilot for the company's pilotage district to produce his or her pilot's licence or warrant of appointment to the master of a ship if requested by him or her.

64. Prohibiting the fraudulent use of a pilot's licence or warrant of appointment.

65. Providing for the approval by the company of pilot boats operated by the company in its pilotage district or for the licensing by it of pilot boats operated by the licensed pilots for its pilotage district.

66. Requiring pilot boats, so as to be capable of being readily distinguished from other vessels—

(a) to be coloured in a specified manner,

(b) to bear a flag of a specified colour and dimensions, and

(c) to bear such other characteristics that the company deems appropriate.

67. Requiring that a pilot flag be displayed on a ship while it is navigating in the company's pilotage district and has on board—

(a) a pilot for the pilotage district, the terms of whose pilot's licence or warrant of appointment, as the case may be, entitles him or her to pilot the ship in the circumstances concerned, or

(b) a person who is bona fide acting as the person in charge of the ship and who holds a pilotage exemption certificate entitling him or her to pilot the ship in the circumstances concerned.

68. Prohibiting the fraudulent display of pilot flags or flags resembling pilot flags.

69. Requiring the master of a ship navigating in the company's pilotage district (not being a ship to which bye-laws made by the company for the purposes specified in paragraph 44 apply) to display a pilot signal on the ship and keep such a signal displayed until a pilot for the pilotage district comes on board the ship.

70. Requiring the master of a ship who seeks in respect of the ship the services of a pilot for the company's pilotage district to give an adequate estimated time of arrival or departure of the ship to the company or a licensed pilot for its pilotage district, as appropriate.

71. Prescribing the form of a bond referred to in section 70 (1).

72. Prescribing the procedures to be followed by any board that may be established by the company under section 73 (5) (“a Board of Inquiry”) as respects the conduct by it of an oral hearing under that provision.

73. Providing for the payment to one or more members of a Board of Inquiry as respects an oral hearing conducted by it under section 73 (5), or for the payment to one or more assessors as respects any assistance given to such a Board in that behalf by the assessor or assessors, of such expenses and allowances as are specified in, or are determined in accordance with, the bye-laws and enabling such a Board to make such order as it thinks just in relation to the payment of the legal costs and expenses of a party to a hearing aforesaid.

74. Enabling a taxing master of the High Court to tax any legal costs and expenses which a Board of Inquiry has ordered to be paid under bye-laws made for the purposes specified in paragraph 73.

75. Giving effect to a provision of a pilotage agreement in force in the company's pilotage district where the pilotage agreement provides for effect to be so given.

76. Providing for anything the making of provision for which is, in the opinion of the company, necessary to enable it to comply with a direction given to it by the Minister under section 80 .

77. Purposes ancillary or incidental to any of the foregoing purposes.

Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

British statute 55 Geo. 3, c. 191

1815, c. 191

British statute 56 Geo. 3, c. 62

1816, c. 62

British statute 1 Geo. 4, c. 69

1820, c. 69

British statute 6 & 7 Will. 4, c. 117

1836, c. 117

British statute 1 & 2 Vict., c. 36

1838, c. 36

British statute 28 & 29 Vict., c. 67

1865, c. 67

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Dublin Port and Docks Act, 1869

1869, c. c

Dublin Port and Docks (Bridges) Act, 1929

1929, No. 2 (Private)

Dún Laoghaire Harbour Act, 1990

1990, No. 7

Dún Laoghaire Harbour Act, 1994

1994, No. 19

European Assembly Elections Act, 1977

1977, No. 30

European Parliament Elections Act, 1993

1993, No. 30

European Communities Act, 1972

1972, No. 27

Finance Act, 1895

1895, c. 16

Finance (Customs Duties) (No. 4) Act, 1931

1931, No. 43

Fisheries (Ireland) Act, 1846

1846, c. 3

Fishery Harbour Centres Act, 1968

1968, No. 18

Fishery Harbour Centres (Amendment) Act, 1992

1992, No. 10

Harbours Act, 1946

1946, No. 9

Harbours Acts, 1946 to 1976

Harbours (Regulation of Rates) Act, 1934

1934, No. 2

Holidays (Employees) Acts, 1973 to 1991

Kingstown Harbour Act, 1876

1876, c. xcv

Lands Clauses Consolidation Act, 1845

1845, c. 18

Local Authorities (Officers and Employees) Acts, 1926 to 1983

Local Government Act, 1941

1941, No. 23

Local Government Act, 1994

1994, No. 8

Local Government (Dublin) Act, 1993

1993, No. 31

Merchant Shipping Acts, 1894 to 1993

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Misuse of Drugs Acts, 1977 and 1984

National Archives Act, 1986

1986, No. 11

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Pilotage Act, 1913

1913, c. 31

Pilotage (Amendment) Act, 1962

1962, No. 2

Radiological Protection Act, 1991

1991, No. 9

Redundancy Payments Acts, 1967 to 1991

Registration of Title Act, 1964

1964, No. 16

Sea Pollution Act, 1991

1991, No. 27

State Harbours Act, 1924

1924, No. 49

Superannuation Acts, 1834 to 1963

Superannuation and Pensions Act, 1976

1976, No. 22

Unfair Dismissals Acts, 1977 to 1993