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9 1946

HARBOURS ACT, 1946

Chapter II.

Harbour Rates Orders.

Making of harbour rates order.

104. —(1) The Minister, if and whenever he thinks fit, may, on the application of the relevant harbour authority or without any such application, by order (in this Act referred to as a harbour rates order) fix in respect of a harbour—

(a) all or any of the rates or, where he so thinks fit, the maximum rates to be charged by the harbour authority for the harbour,

(b) the basis on which and the method by which any such rates are to be computed, or

(c) the classes of vessels or goods on which and the circumstances in which any particular such rate is to be charged.

(2) The Minister may, if and whenever he thinks fit, on the application of the relevant harbour authority or without any such application, by order (in this Act also referred to as a harbour, rates order) revoke or amend a harbour rates order (including a harbour rates order made under this subsection).

(3) The Minister may revoke, modify, alter or extend by a harbour rates order any statutory or other provision fixing, restricting or otherwise regulating the rates or the maximum or minimum rates chargeable by a harbour authority, or the basis on which or method by which such rates are computed.

(4) A harbour rates order may, if the Minister so thinks fit, be expressed to apply, and if so expressed shall apply, either to all harbours generally or to a particular harbour or class of harbours named in the order.

(5) Whenever the Minister proposes to make a harbour rates order, he may, if he so thinks fit, direct a local inquiry to be held in regard to the making of the order.

(6) A harbour rates order shall take effect from such date (not being a date prior to the date on which the order is made) as may be specified in the order.

(7) Notice of the making of a harbour rates order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

Application for harbour rates order.

105. —(1) A harbour authority may apply to the Minister for a harbour rates order in respect of their harbour.

(2) An application for a harbour rates order shall be in the prescribed form and shall contain the prescribed particulars.

(3) A harbour authority applying under this section for a harbour rates order shall, when required by the Minister so to do, furnish to the Minister such further particulars as he may require for the consideration of the application.

(4) The Minister may require any statement made in an application for a harbour rates order or made to the Minister in response to a request for particulars under subsection (3) of this section, to be verified in such manner as the Minister may require by some person having personal knowledge of the statement.

(5) If a harbour authority fail to furnish any particulars or any verification which they are required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to his discretion to make or refuse to make a harbour rates order, refuse the application in relation to which the particulars or verification were so required.

Notice of making, etc., of harbour rates order.

106. —(1) Whenever the Minister proposes to make a harbour rates order, the Minister shall give notice to the harbour authority of the harbour to which the proposed order relates, and the harbour authority shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order and as to the time, manner and place in which objections and representations in relation to the proposed order may be made.

(2) The expenses incurred by a harbour authority in the publication in pursuance of this section of a notice shall be borne by the harbour authority.

(3) Whenever a harbour authority fail to publish a notice directed by the Minister to be published by them under this section, the Minister may, without prejudice to any other proceedings against the harbour authority, himself publish the notice and all expenses incurred by him in so doing shall be borne by the harbour authority and shall be recoverable by the Minister from the harbour authority as a simple contract debt in any court of competent jurisdiction.

Obligation to charge rates fixed by harbour rates order.

107. —(1) Whenever a harbour rates order is in force in respect of a harbour, the harbour authority for the harbour shall, subject to the provisions of this Act—

(a) in respect of all subjects of charge for which rates are fixed by the order, charge the rates so fixed and no other or greater or less rates, and

(b) in respect of all subjects of charge for which maximum rates are fixed by the order, charge rates not exceeding the maximum so fixed, and

(c) where the basis and method of computation of any rates are fixed by the order, compute such rates on the basis and by the method so fixed.

(2) A harbour authority who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) Whenever rates are chargeable by a harbour authority by virtue of section 95 of this Act, the rates shall be regarded for the purposes of this section as chargeable under a harbour rates order in force in respect of the harbour of the harbour authority.

Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934 .

108. —No order shall, after the passing of this Act, be made in relation to a harbour authority under section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934).