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Power of harbour master to give certain directions.
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46.—(1) The harbour master of a harbour may, subject to any bye-laws in force in relation to the harbour, give to the master of a ship using the harbour, such directions in connection with the user of the harbour as the harbour master thinks proper for the purpose of protecting persons and property or regulating traffic and, in particular, for the following purposes:
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(a) regulating the time at which and the manner in which the ship may approach, enter into, go out of or lie in or at any part of the harbour and regulating the position, mooring, unmooring, placing or removing of the ship,
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(b) regulating the dismantling of the ship,
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(c) regulating the take and discharge of ballast in the ship,
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(d) regulating the loading or discharging of cargo from the ship,
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(e) preventing the ship navigating within the harbour if the harbour master is of the opinion that it is or may become a danger to navigation.
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(2) A direction given under this section shall not be repugnant to or inconsistent with any instrument made by the Revenue Commissioners under any enactment, a direction given by them under such an instrument or any enactment, or the law relating to customs.
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(3) If the master of a ship refuses or fails to comply with a direction of a harbour master under this section or if a harbour master cannot find the master of a ship in relation to which he or she wishes to give a direction under this section—
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(a) the harbour master may carry out the direction and do all things necessary for or incidental to that purpose, and
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(b) the expenses incurred in so carrying out the direction shall be paid by the master of the ship to the company by whom the harbour master is employed and, in default of payment, shall be recoverable by the company from the master as a simple contract debt in any court of competent jurisdiction.
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(4) If the master of a ship refuses or fails to comply with a direction under this section he or she shall be guilty of an offence.
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