Harbours Act, 1996

PART VI

Transitional Provisions with Respect to a Company Established Pursuant to Section 7

Transfer of land and other property.

96.—(1) On the relevant vesting day all land which, immediately before that day, was vested in—

(a) the harbour authority of a harbour, or

(b) in the case of Dún Laoghaire Harbour, the Minister and was used or had been acquired by the Minister for the purposes of his or her functions in relation to Dún Laoghaire Harbour,

and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company established pursuant to section 7 in respect of the said harbour for all the estate or interest for which immediately before the said day it was vested in the harbour authority or the Minister, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(2) Subsection (1) shall not operate to vest in a company any minerals or any right of mining or taking minerals.

(3) On the relevant vesting day all property, other than land, including choses-in-action, which immediately before that day was—

(a) the property of the harbour authority of a harbour, or

(b) in the case of Dún Laoghaire Harbour, the property of the Minister and was used or had been acquired by the Minister in connection with his or her functions in relation to Dún Laoghaire Harbour,

shall stand vested in the company established pursuant to section 7 in respect of the said harbour without any assignment.

(4) Every chose-in-action transferred by subsection (3) to a company may, after the relevant vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company, the harbour authority or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(5) The Minister may on his or her own initiative and shall on the application of Dún Laoghaire Harbour Company issue a certificate in respect of specified land certifying, as he or she thinks proper, that the land vested in that company under subsection (1) or did not so vest and the certificate shall be conclusive evidence of the facts so certified.

(6) The Minister may on his or her own initiative and shall on the application of Dún Laoghaire Harbour Company issue a certificate in respect of specified property certifying, as he or she thinks proper, that the property vested in that company under subsection (3) or did not so vest and the certificate shall be conclusive evidence of the facts so certified.