S.I. No. 767/2007 - Harbour Rates (Arklow Harbour) Order 2007


S.I. No. 767 of 2007

HARBOUR RATES (ARKLOW HARBOUR) ORDER 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd November, 2007.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 104 of the Harbours Act 1946 (No. 9 of 1946) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ), and after due compliance with section 106 of the said Act, hereby order as follows:

1. This Order may be cited as the Harbour Rates (Arklow Harbour) Order 2007.

2. In this Order—

“fishing vessel” means any vessel equipped or used commercially for catching fish or other living resources of the sea;

“gross tonnage” means the gross tonnage of the vessel or ship concerned, determined in accordance with the Merchant Shipping (Tonnage) Regulations 1984 ( S.I. No. 369 of 1984 );

“harbour” means the harbour referred to in Article 3;

“net register tonnage” means as detailed on the tonnage certificate for the vessel;

“pleasure craft” includes a pleasure yacht and means a vessel primarily used for sport or private recreation, and not engaged in any revenue earning or commercial activity or service;

“vessel” means any ship, boat, lighter, barge or craft of any kind, whether navigated by motor, sail or otherwise.

3. This Order relates to Arklow Harbour, Arklow, County Wicklow.

4. (1) Subject to paragraph (2), the appropriate rate or charge specified in the second and, where relevant, the third column of each of the Schedules is fixed as the rate or charge payable for the use of the facility or service or in the circumstance described in the heading to and, where applicable, in the first column of the relevant Schedule opposite the rate or charge concerned.

(2) The following vessels are exempt from the payment of the rates and charges referred to in paragraph (1), except the laying up charges in Schedule 5:

(a) R.N.L.I rescue service vessels;

(b) Naval vessels while in the service of the State or the European Union;

(c) vessels expressly used for training;

(d) vessels owned by or in the service of Arklow Harbour Commissioners;

(e) vessels in the service of the Garda Síochána or the Revenue Commissioners;

(f) vessels in the service of the Irish Coast Guard;

(g) vessels in the service of the Commissioners of Irish Lights.

(3) Each rate or charge specified in the Schedules in respect of the period of a year, month, week, day or hour applies to the full period or part of the period concerned, as the case may be, and a reference to a metre or a number of metres includes, where relevant, part of a metre.

SCHEDULE 1 Maximum goods rates

Description of Goods

Rate per tonne On goods imported and exported

Chemicals and Spirits

€1.10

Fuel Oil

€1.10

China Clay

€1.80

Potash

€1.80

Fertiliser

€1.80

Basic Slag

€1.80

Timber

€1.80

Grain

€1

Coal

€1

Machinery/Metals

€2

Timber/Wood

€1

Other Goods

€2

SCHEDULE 2 Maximum tonnage rates

Description of Charge

Rate per tonne

On every tonne of the net register tonnage or of half the gross tonnage, whichever is the greater, of every vessel discharging or loading in the harbour or in the new dock for each and every voyage.

€2

On every tonne of the net register tonnage or of half the gross tonnage, whichever is the greater, of every vessel (other than fishing boats or pleasure crafts) sheltering or repairing in the harbour or in the new dock.

€2 per week

SCHEDULE 3 Harbour entry rates for fishing vessels

Description of Vessel

Rate

A vessel less than 12 metres in length

€20 for each entry into the harbour, or €500 per year payable in advance on or before 31 January in the year concerned.

A vessel 12 metres or more but less than 20 metres in length

€30 for each entry into the harbour, or €750 per year payable in advance on or before 31 January in the year concerned.

A vessel 20 metres or more but less than 30 metres in length

€40 for each entry into the harbour, or €1,000 per year payable in advance on or before 31 January in the year concerned.

A vessel 30 metres or more in length

€50 for each entry into the harbour, or €1,500 per year payable in advance on or before 31 January in the year concerned.

SCHEDULE 4 Harbour entry rates for pleasure craft

Description of Vessel

Rate

A pleasure craft less than 15 metres in length

€30 per day.

A pleasure craft 15 metres or more in length

€40 per day.

SCHEDULE 5 Rates for laying up

Description of Vessel

Rate per day for the first 5 weeks

Rate payable after the first 5 weeks

A pleasure craft less than 15 metres in length

€10 per day

€30 per day.

A pleasure craft 15 metres or more in length

€20 per day

€50 per day.

Any other vessel less than 12 metres in length

€0.30 per metre per day

€30 per week.

Any other vessel 12 metres or more but not more than 20 metres in length

€0.30 per metre per day

€35 per week.

Any other vessel more than 20 metres but not more than 30 metres in length

€0.30 per metre per day

€40 per week.

Any other vessel more than 30 metres in length

€0.30 per metre per day

€100 per week.

SCHEDULE 6 Rates to be charged for fishing vessels under repair in the harbour.

Description of Vessel

Rate per day for the first 5 weeks

Rate per day after the first 5 Weeks

A vessel less than 12 metres in length

€0.20 per metre per day

€0.50 per metre per day.

A vessel 12 metres or more but not more than 20 metres in length

€0.20 per metre per day

€1 per metre per day.

A vessel more than 20 metres but not more than 30 metres in length

€0.30 per metre per day

€1 per metre per day.

A vessel more than 30 metres in length

€0.40 per metre per day

€1 per metre per day.

SCHEDULE 7 Rates for use of the harbour by passenger or cruise vessels

Use of the harbour by a passenger or cruise vessel with a complement of:

Rate

100 passengers or more

€1.20 per passenger, to be paid prior to departure.

13 or more but not more than 99 passengers

€40 per vessel per entry to the harbour, to be paid prior to departure, or €4,000 per year payable in advance on or before 31 January in the year concerned.

7-12 passengers

€30 per vessel per entry to the harbour, to be paid prior to departure, or €2,000 per year payable in advance on or before 31 January in the year concerned.

Up to 6 passengers

€15 per vessel per entry to the harbour, to be paid prior to departure, or €1,500 per year payable in advance on or before 31 January in the year concerned.

SCHEDULE 8 Miscellaneous Charges

Description of Facility/Service

Minimum Charge

Maximum Charge

A compound charge, the amount to be determined by negotiation, will apply to all vessels using the north quay and new dock for the collection of waste

€40 per year

€250 per year

Unauthorised disposal of waste

€1,000

Fresh Water

€130 plus the cost of personnel attending.

€3.05 per 100 gallons plus the cost of personnel attending.

Swing Moorings in river, charge to be paid in accordance with the terms of the agreement between Arklow Harbour Commissioners and Arklow Sailing Club in force at the time

€70 per year

€300 per year.

Charges for storage, for any reason, within the area of the harbour of—(a) fishing vessels less than 8 metres in length (b) fishing vessels 8 metres or more in length

€50 per week €100 per week

€50 per week.€100 per week.

Charge for each container placed on the quayside to be used for storage by dock users, the amount to be determined by negotiation

€500 per year

€750 per year.

SCHEDULE 9 Harbour rates for Arklow Sailing Club, Arklow Marina Ltd. and Arklow Slipway Ltd.

Description

Rate

Vessels which are in the charge of members of Arklow Sailing Club

Between €200 and €300 per year per vessel, to be determined in accordance with the terms of the agreement between Arklow Harbour Commissioners and Arklow Marina Ltd. in force at the time.

Pleasure craft which are in the charge of persons other than members of Arklow Sailing Club to pay harbour entry rates for pleasure craft as specified in Schedule 4

As specified in Schedule 4.

Charge to Arklow Marina Ltd. for placing river pontoons within harbour area

Between €200 and €300 per year per pontoon, to be determined in accordance with the terms of the agreement between Arklow Harbour Commissioners and Arklow Marina Ltd. in force at the time.

Vessels which use the marina or pontoons owned by Arklow Marina Ltd.

€25 to €50 per vessel, to be determined in accordance with the terms of the agreement between Arklow Harbour Commissioners and Arklow Marina Ltd. in force at the time

Vessels which use the property of Arklow Slipways Ltd. in the harbour to pay the appropriate rate or charge as per the appropriate Schedule, depending on the type of vessel and the use of the facility or service or the circumstance

The rate or charge per vessel applicable for the use of the facility or service or in the circumstance described in the heading to and, where applicable, in the first column of the relevant Schedule opposite the rate or charge concerned.

SCHEDULE 10 Charges for heavy plant (where the vessel is not charged tonnage rates) vessels using the harbour

Description

Rate

Jack-up Barge

€400 per vessel per day.

Heavy duty barge

€200 per vessel per day.

Heavy duty tug

€200 per vessel per day.

Smaller dock tug

€200 per vessel per day.

Crew vessel

€200 per vessel per day.

Survey vessel

€200 per vessel per day.

SCHEDULE 11 Charge for the use of the harbour by a fishing vessel in connection with the discharging or landing of fish

Description

Rate

Seed mussels and other shellfish and allother species of fish landings.

€150 per cargo landed.

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GIVEN under my Official Seal,

7 November 2007

NOEL DEMPSEY.

Minister for Transport.